May 17, 2005

The Board of County Commissioners of Brevard County, Florida, met in regular session on May 17, 2005 at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Ron Pritchard, D.P.A., Commissioners Truman Scarborough, Helen Voltz, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

The Invocation was given by Reverend Ron Meyr, Faith Viera Lutheran Church, Viera, Florida.

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the January 11, 2005 Regular Meeting Minutes, January 13, 2005 Workshop #1 and #2 Minutes, and January 20, 2005 Workshop #2 Minutes. Motion carried and ordered unanimously.

REPORT, RE: INCENTIVES FOR EADS AND BOEING, AND RESOLUTION OF SUPPORT

County Manager Peggy Busacca requested confirmation from the Board on various incentive actions taken by her regarding the European Aeronautic Defense and Space Company and Boeing projects.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to confirm the incentive actions taken by the County Manager to notify Economic Development Commission it should consider as potential incentives from Brevard County that the European Aeronautic Defense and Space Company (EADS) project could be eligible for ad valorem tax abatement for ten years at 100% based on 1,100 jobs with average wage of $83,000; and the County’s offer to do land clearing, grading, and grubbing on the site for the Boeing project.

REPORT, RE: WALK 500

Christine Schnitzer advised of her work with Walk 500 and older adult fitness; and introduced Ward Luthey, Director of Walk 500, a national walking initiative that is piloting in Brevard County.

Ward Luthey stated Walk 500 is using Brevard County as its pilot launch for a national program throughout the entire United States; it brings great benefits to the County, including publicity; and the Walk 500 Program is the official walking partner of the International Council on Active Aging, which is the number one wellness program for people who are age 50 and better in the United States. Mr. Luthey stated AARP is also looking at adopting the Program as its walking program for its 35 million members; and invited everybody, including the Commissioners, to take the challenge to walk 500 miles in a year, which is approximately 1.3 miles a day.

REPORT, RE: LEGISLATIVE UPDATE

Chairman Pritchard advised that Representative Bob Allen is present to provide a Legislative update to the Board and audience.

Representative Bob Allen provided a Legislative update, including the space industry, the Spaceport and Technology Committee, creation of an infrastructure investment fund for space activities Statewide, support of the Institute for Advanced Space Computing, space defense industry, allocation of $3 million out of the General Revenue Budget on Incentives for the Capture Team and efforts in getting the new crew exploration vehicle that will replace the shuttle, and space manufacturing and production jobs.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to authorize the Chairman to send a letter to the Governor encouraging him to continue to move forward more aggressively concerning space efforts and going after space programs against other states. Motion carried and ordered unanimously.

REPORT, RE: BEACH RENOURISHMENT AND TURTLE SEASON

Natural Resources Management Director Ernie Brown advised beach renourishment activities were halted on the North Reach, particularly the Cape Canaveral area, by the Army Corps of Engineers as a result of turtle takings; the emergency work of about 1,500 linear feet will not continue according to the Army Corps of Engineers; and it estimates that the shore is adequately protected for next hurricane season. He stated the 1,500 linear feet has the opportunity to receive more sand next year under the Cape Canaveral bypass project; the federal government has agreed to do that every six years, and this year it is due; however, it is not currently funded in the budget under discussion of appropriations at the federal level. He noted the House is supporting addition of the project into the budget; staff does not know the disposition of the Senate; and discussion will take place on Wednesday.

RESOLUTION, RE: PROCLAIMING NATIONAL POLICE OFFICERS WEEK

Chairman Pritchard read aloud a resolution proclaiming May 15 through 21, 2005 as National Police Officers Week.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution recognizing and commending the men and women of the Brevard County Sheriff’s Office during National Police Officers Week May 15 through 21, 2005. Motion carried and ordered unanimously. (See page for Resolution No. 05-130.)

Chairman Pritchard presented the Resolution to Sheriff J. R. “Jack” Parker, who expressed appreciation to the Board for the Resolution.

RESOLUTION, RE: SUPPORTING MEMBERS OF THE UNITED STATES ARMED FORCES
AND FAMILIES OF MILITARY PERSONNEL SERVING IN OPERATION IRAQI
FREEDOM

Commissioner Colon read aloud a resolution expressing support and appreciation to the Members of the United States Armed Forces serving in Operation Iraqi Freedom.

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution expressing support and appreciation to the members of the United States Armed Forces serving in Operation Iraqi Freedom and abroad who are carrying out their missions with excellence, patriotism, and bravery; and to the families of the military personnel serving in operation Iraqi Freedom who are providing support and prayers for their loved ones currently engaged in military operations. Motion carried and ordered unanimously. (See page
for Resolution No. 05-131.)

Commissioner Colon advised the Resolution will be given at the Support the Troops Rally in South Brevard.

RESOLUTION, RE: COMMENDING LOUIS G. CLARKSON

Commissioner Voltz read aloud a resolution recognizing and commending Louis G. Clarkson for his outstanding contributions to Brevard County’s road system.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution recognizing and commending Louis G. Clarkson for his outstanding contributions to Brevard County’s road system, expressing appreciation for his dedicated service to Brevard County and its citizens, and extending best wishes for good health and happiness during his retirement. Motion carried and ordered unanimously. (See page for Resolution No. 05-132.)

Commissioner Voltz presented the Resolution to Mr. Clarkson.

RESOLUTION, RE: COMMENDING JAMES JESSE MATTHEWS

Commissioner Carlson read aloud a resolution recognizing and commending James Jesse Matthews for his years of dedicated service to the citizens of Brevard County.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution recognizing and commending James Jesse Matthews for his years of dedicated service and for the positive difference he has made in the Mosquito Control District serving the citizens of Brevard County, and wishing him good health and happiness during his retirement. Motion carried and ordered unanimously. (See page for Resolution No. 05-133.)

Commissioner Carlson presented the Resolution to Mr. Matthews.

EMPLOYEE LONGEVITY RECOGNITION, RE: 25 AND 30-YEAR RECIPIENTS

Chairman Pritchard presented plaques to Patricia M. Thomas for 30 years of service, and David V. Prince, Catherine J. Schweinsberg, James-Edward Fitz-Simon, and John B. Rockar for 25 years of service.

RESOLUTION, RE: PROCLAIMING MANAGEMENT WEEK IN BREVARD COUNTY

Chairman Pritchard read aloud a resolution proclaiming June 6 through 11, 2005 as Management Week in Brevard County.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution proclaiming June 6 through 11, 2005 as Management Week in Brevard County, and expressing sincere appreciation to the men and women of the National Management Association for their valuable support of the American Enterprise System. Motion carried and ordered unanimously. (See page for Resolution No. 05-134.)

Chairman Pritchard presented the Resolution to Barry Mandell, CM, President of Florida Space Coast Council and Jeff Eberts, Co-Chair of the Awards Committee, who expressed appreciation to the Board for the Resolution.

RESOLUTION, RE: PROCLAIMING EMERGENCY MEDICAL SERVICES WEEK

Commissioner Voltz read aloud a resolution proclaiming May 15 through 21, 1005, as Emergency Medical Services Week in Brevard County.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to adopt Resolution proclaiming May 15 through 21, 2005, as Emergency Medical Services Week in Brevard County, and expressing appreciation to all who work in emergency medical services for their outstanding dedication. Motion carried and ordered unanimously. (See page for Resolution No. 05-135.)

Commissioner Voltz presented the Resolution to Chief William Farmer and EMS Chief Orlando Dominguez.

Chief Farmer expressed appreciation to the Board for the Resolution.

BINDING DEVELOPMENT PLAN AGREEMENT WITH VERO-PITTSBURGH PARTNERS,
LLC, RE: PROPERTY ABUTTING FLORIDA EAST COAST RAILROAD

Todd Peetz, representing Vero-Pittsburgh Partners, LLC, requested approval of a binding development plan agreement with Vero-Pittsburgh Partners, LLC for properties abutting Florida East Coast Railroad.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Binding Development Plan Agreement with Vero-Pittsburgh Partners, LLC for properties consisting of approximately 23 acres abutting Florida East Coast Railroad. Motion carried and ordered unanimously. (See page for Agreement.)

MEMORANDUM OF AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL
PROTECTION OFFICE OF COASTAL AND AQUATIC MANAGED AREAS, RE:
USE OF ENVIRONMENTAL FIELD STATION

Motion by Commissioner Colon, seconded by Commissioner Voltz, to execute Memorandum of Agreement with Department of Environmental Protection Office of Coastal and Aquatic Managed Areas for use of the Environmental Field Station located at 3783 N. Indian River Drive
in Cocoa at $1,800 a year; and approve the Budget Change Request to reflect the revenue. Motion carried and ordered unanimously. (See pages for Memorandum of Agreement and Budget Change Request.)

FINAL PLAT APPROVAL, RE: SHERWOOD VILLAS

Motion by Commissioner Colon, seconded by Commissioner Voltz, to grant final plat approval for Sherwood Villas, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining appropriate jurisdictional permits. Motion carried and ordered unanimously.

REQUEST OF PAUL AND VIRGINIA BRANT FOR WAIVER OF SECTION 62-102, RE:
EASEMENT SEPARATION DISTANCE

Motion by Commissioner Colon, seconded by Commissioner Voltz, to waive Section 62-102 for Tax Parcel 21-35-06-84-03, owned by Paul and Virginia Brant, regarding the easement separation distance between two flag stems and two easements. Motion carried and ordered unanimously.

REQUEST OF NAJJAD, INC., RE: WAIVER OF VEGETATIVE BUFFER TRACT IN SMITH
ROAD SUBDIVISION

Motion by Commissioner Colon, seconded by Commissioner Voltz, to waive the 15-foot vegetative buffer tract requirement around the perimeter of the proposed Smith Road Subdivision as requested by NAJJAD, Inc. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH DOUG AND KIMBERLY VITALIANO, RE:
TREADWELL LANE

Motion by Commissioner Colon, seconded by Commissioner Voltz, to execute Unpaved Road Agreement with Doug and Kimberly Vitaliano for construction of a road in the existing County right-of-way known as Treadwell Lane under the Unpaved Road Code of Ordinances Section 62-102. Motion carried and ordered unanimously. (See page for Agreement.)

FINAL PLAT APPROVAL, RE: BEACH WOODS, STAGE 9

Motion by Commissioner Colon, seconded by Commissioner Voltz, to grant final plat approval for Beach Woods, Stage 9, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining appropriate jurisdictional permits. Motion carried and ordered unanimously.

TRI-PARTY ESCROW AGREEMENT WITH PARKSIDE WEST DEVELOPMENT COMPANY
AND INDIAN RIVER NATIONAL BANK, RE: MALABAR ROAD EXTENSION

Motion by Commissioner Colon, seconded by Commissioner Voltz, to execute Tri-party Escrow Agreement with Parkside West Development Company and Indian River National Bank, guaranteeing improvements for Malabar Road Extension. Motion carried and ordered unanimously. (See page for Agreement.)

REQUEST OF BURTON LEHMAN FOR WAIVER OF SECTION 62-102, RE: FIVE-ACRE
MINIMUM REQUIREMENT FOR LOTS SHARING SAME ACCESS

Motion by Commissioner Colon, seconded by Commissioner Voltz, to waive the five-acre minimum requirement of Section 62-102 for two lots sharing the same access as requested by Burton Lehman. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR
RAVENCLIFFE, PHASE 1

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution releasing the Contract with The Viera Company dated July 13, 2004 for Ravencliffe, Phase 1, as the developer has completed all improvements. Motion carried and ordered unanimously. (See page for Resolution No. 05-137.)

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVALS, RE: HERITAGE ISLE,
PHASE 4

Motion by Commissioner Colon, seconded by Commissioner Voltz, to grant final engineering and preliminary plat approvals for Heritage Isle, Phase 4, subject to minor engineering changes as applicable and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVALS, RE: FAIRWAYS AT VIERA

Motion by Commissioner Colon, seconded by Commissioner Voltz, to grant final engineering and preliminary plat approvals for Fairways at Viera, subject to minor engineering changes as
applicable and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGES, RE: NEW POSITIONS AND EQUIPMENT FOR
BUILDING CODE SECTION

Motion by Commissioner Colon, seconded by Commissioner Voltz, to approve funding of three new fulltime positions, one new vehicle, and replacement of three existing vehicles using unbudgeted surplus cash forward for FY 2004. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN AGREEMENT WITH VERO-PITTSBURGH PARTNERS,
LLC (f/k/a) SEASONS IN THE SUN, LLC, RE: PROPERTY LOCATED ON THE SOUTH
SIDE OF SR 46, EAST OF TURPENTINE ROAD

Motion by Commissioner Colon, seconded by Commissioner Voltz, to execute Binding Development Agreement with Vero-Pittsburg Partners, LLC (f/k/a) Seasons in the Sun, LLC for property located on the south side of SR 46 and east side of Turpentine Road. Motion carried and ordered unanimously. (See page for Agreement.)

BINDING DEVELOPMENT PLAN AGREEMENT WITH SEASONS IN THE SUN, LLC, RE:
PROPERTY LOCATED ON THE SOUTH SIDE OF SR 46, EAST OF TURPENTINE
ROAD

Motion by Commissioner Colon, seconded by Commissioner Voltz, to execute Binding Development Plan Agreement with Seasons in the Sun, LLC for property located on the south side of SR 46 and east side of Turpentine Road. Motion carried and ordered unanimously. (See page for Agreement.)

BINDING DEVELOPMENT PLAN AGREEMENT WITH DONNA E. CONNORS, RE:
PROPERTY LOCATED ON THE EAST SIDE OF U.S. 1, NORTH OF ANDERSON WAY

Motion by Commissioner Colon, seconded by Commissioner Voltz, to execute Binding Development Plan Agreement with Donna E. Connors for property located on the east side of U.S. 1, north of Anderson Way. Motion carried and ordered unanimously. (See page
for Agreement.)

RESOLUTION AND AMENDMENT TO BLANKET LICENSE AGREEMENT WITH FLORIDA
EAST COAST RAILWAY, RE: FEE INCREASE FOR UTILITY CROSSINGS

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution and execute Amendment to Blanket License Agreement with Florida East Coast Railway, increasing the annual fees for utility crossings in Districts 1 and 4. Motion carried and ordered unanimously. (See pages for Resolution No. 05-138 and Amendment.)

APPROVAL, RE: MICCO ROAD SIDEWALK AND INTERSECTION IMPROVEMENTS

Motion by Commissioner Colon, seconded by Commissioner Voltz, to approve funding options of an estimated $2,125,000 for sidewalk and intersection improvements on Micco Road from FDOT funds of $675,123, previously allocated impact fees of $104,447, current District 3 bikepath budget for FY 04-05 of $140,000, MSTU FY 04-05 funds of $91,533, proposed impact fees of $759,937, and authorize use of interest from bond proceeds to be reimbursed by FY 05-06 District 3 bikepath budget of $70,000, and FY 05-06 to FY 07-08 MSTU funds of $283,100. Motion carried and ordered unanimously.

SOVEREIGN SUBMERGED LANDS LEASE RENEWAL WITH THE BOARD OF TRUSTEES
OF THE INTERNAL IMPROVEMENT TRUST FUND, RE: PROPERTY LOCATED
NORTH OF MATHERS BRIDGE

Motion by Commissioner Colon, seconded by Commissioner Voltz, to execute Sovereign Submerged Lands Lease Renewal with the Board of Trustees of the Internal Improvement Trust Fund for property located north/west of Mathers Bridge. Motion carried and ordered unanimously. (See page for Lease Renewal.)

AUTHORIZATION, RE: MUNICIPAL REVIEW OF LOCAL OPTION GAS TAX PERCENTAGE
ALLOCATIONS

Motion by Commissioner Colon, seconded by Commissioner Voltz, to authorize the Clerk to mail a copy of the Local Option Gas Tax percentage allocations to each municipality for review. Motion carried and ordered unanimously.

ADDENDUM NO. 1 TO LANDFILL GAS PURCHASE AGREEMENT WITH ERA/PENN
LANDFILL GAS COMPANY OF FLORIDA I, LLC, RE: BUILD AND OPERATE
GAS RECOVERY FACILITY AT CENTRAL DISPOSAL FACILITY

Motion by Commissioner Colon, seconded by Commissioner Voltz, to execute Addendum No. 1 to Landfill Gas Purchase Agreement with ERA/Penn Landfill Gas Company of Florida I, LLC d/b/a PurGas Systems of Florida, to provide compensation to the County for delay in the startup to build and operate a gas recovery facility at the Central Disposal Facility. Motion carried and ordered unanimously. (See page for Addendum No. 1.)

APPROVAL OF BREVARD COUNTY FAIR, INC. INTERIM BOARD OF DIRECTORS, RE:
DEVELOPMENT OF BREVARD COUNTY FAIR CHARTER

Motion by Commissioner Colon, seconded by Commissioner Voltz, to authorize the Brevard County Fair, Inc. to develop a County Fair Charter; approve an interim board of directors to oversee the development and approval of the Charter by the Florida Department of Agriculture and Consumer Services; and appoint Tom Bartosek, Bill Cannon, Bud Crisafulli, Jim Fletcher, Joyce Forino, Billy Kempfer, Barry Liford, Todd Loadholtz, Lowell Loadholtz, Giles Malone, Les Manns, Mac Osborne, Bob Pittman, Janice Scholz, Tom Schuller, Frank Sullivan, and Laurilee Thompson to the interim board, which will remain in existence until the Charter is approved by the Board of County Commissioners and State. Motion carried and ordered unanimously.

AGREEMENTS WITH BREVARD COUNTY PUBLIC SCHOOLS, RFM CHRISTIAN
ACADEMY, DIAMOND COMMUNITY SCHOOL, INC., CHRISTIAN HOME SCHOOL
CO-OP, AND ATLANTIC INCLUSIVE ACADEMY, AND APPROVAL OF BUDGET
CHANGE REQUEST, RE: FUNDING FROM DRIVER EDUCATION SAFETY TRUST
FUND

Motion by Commissioner Colon, seconded by Commissioner Voltz, to execute Agreements with the Brevard County Public Schools, RFM Christian Academy, Diamond Community School, Inc., Christian Home School Co-op, and Atlantic Inclusive Academy for funding from the Driver Education Safety Trust Fund; and approve the Budget Change Request to facilitate the funding allocations. Motion carried and ordered unanimously. (See pages for Agreements and Budget Change Request.)

APPROVAL OF GRANT AWARDS, RE: COALITION FOR THE HUNGRY AND HOMELESS
OF BREVARD COUNTY, INC., GILLESPIE SERVICES, INC., AND SOUTH BREVARD
WOMEN’S CENTER

Motion by Commissioner Colon, seconded by Commissioner Voltz, to approve grant awards of $355,000 of HOME funds to the Coalition for the Hungry and Homeless, $225,000 of HOME funds to Gillespie Services, and $119,670 of SHIP funds to South Brevard Women’s Sharing Center; and authorize the Chairman to execute the associated contracts upon approval by the County Attorney and Risk Management Offices. Motion carried and ordered unanimously. (See pages for Contracts.)

SETTLEMENT AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE:
JOINT USE OF RETENTION POND AT LEROY WRIGHT RECREATION AREA

Motion by Commissioner Colon, seconded by Commissioner Voltz, to execute Settlement Agreement with Florida Department of Transportation for joint use of the retention pond at Leroy Wright Recreation Area (formerly called Stossberg Park). Motion carried and ordered unanimously. (See page for Agreement.)

TERMINATION OF AGREEMENT WITH TIM WILLIAMS BUILDERS, PERMISSION TO BID
AND AWARD BID, AND AUTHORIZE USE OF STATE, SCHOOL BOARD,
GOVERNMENTAL ENTITIES, AND COOPERATIVE AGREEMENTS, RE:
CONSTRUCTION OF CONCESSION BUILDING AT HOLDER PARK

Motion by Commissioner Colon, seconded by Commissioner Voltz, to authorize termination of Owner-Contractor Agreement with Tim Williams Builders; authorize advertising for bids and award of bid to the lowest qualified bidder; authorize utilizing State, School Board, Governmental Entities, and Cooperative Agreements for construction of a concession building at Holder Park; and authorize the Chairman to execute associated contract. Motion carried and ordered unanimously. (See page for Contract.)

AMENDMENT TO AGREEMENT WITH FIND, RE: EXTENSION OF FIND GRANT FOR
KELLY PARK EAST IMPROVEMENTS

Motion by Commissioner Colon, seconded by Commissioner Voltz, to execute Amendment to Agreement with Florida Inland Navigation District (FIND) for a time extension to September 1, 2005 for Kelly Park East Improvements Project Grant. Motion carried and ordered unanimously. (See page for Amendment to Agreement.)

USE AGREEMENT WITH SCHOOL BOARD OF BREVARD COUNTY, RE: USE OF ROTARY
PARK - MERRITT ISLAND

Motion by Commissioner Colon, seconded by Commissioner Voltz, to execute Use Agreement with School Board of Brevard County for the County’s continued use of Rotary Park in Merritt Island. Motion carried and ordered unanimously. (See page for Use Agreement.)

RESOLUTION FOR ASSISTANCE UNDER FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM;
AUTHORIZE PARKS AND RECREATION DIRECTOR TO EXECUTE AGREEMENT;
AND APPROVE BUDGET CHANGE REQUEST, RE: SOUTH COUNTY BOAT
LAUNCH ARCHITECTURAL AND ENGINEERING SERVICES

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution authorizing staff to submit a grant application for $100,000 to the Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program, for architectural and engineering services to design and permit the South County Boat Launch Facility; authorize the Parks and Recreation Director to execute the Agreement; and approve the Budget Change Request to establish the project account if the grant is approved. Motion carried and ordered unanimously. (See pages for Resolution, Agreement, and Budget Change Request.)

APPROVAL OF REQUEST FROM CITY OF SATELLITE BEACH, RE: IMPROVEMENTS TO
PELICAN BEACH PARK

Motion by Commissioner Colon, seconded by Commissioner Voltz, to approve request from City of Satellite Beach to make improvements to Pelican Beach Park, including pavilions, a covered overlook, and beach access. Motion carried and ordered unanimously.

TERMINATION OF AGREEMENT WITH TIM WILLIAMS BUILDERS, PERMISSION TO
ADVERTISE BIDS AND AWARD BID, AND AUTHORIZE USE OF STATE, SCHOOL
BOARD, GOVERNMENTAL ENTITIES, AND COOPERATIVE AGREEMENTS, RE:
CONSTRUCTION OF POW/MIA PARK (PINEDA LANDING)

Motion by Commissioner Colon, seconded by Commissioner Voltz, to terminate Agreement with Tim Williams Builders; grant permission to advertise for formal bids and award to lowest qualified bidder; authorize use of State, School Board, Governmental Entities, and Cooperative Agreements for construction of POW/MIA Park (Pineda Landing); and authorize the Chairman to execute the associated contracts. Motion carried and ordered unanimously. (See pages
for Contracts.)

RESOLUTION AND CONSTRUCTION/USE AGREEMENT WITH INDIAN RIVER KONTROL
SOCIETY, RE: USE OF U.S. 192 SOLID WASTE SITE

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution authorizing the use of 90 acres of the U.S. 192 Solid Waste site by the Parks and Recreation Department for recreational purposes; and execute Construction/Use Agreement with Indian River Kontrol Society for construction of a radio control model aircraft facility. Motion carried and ordered unanimously. (See pages for Resolution No. 05-140 and Agreement.)

APPROVAL OF CONTRIBUTIONS TO CITIES OF MELBOURNE, PALM BAY, COCOA
BEACH, TITUSVILLE, AND THUNDER OVER INDIAN RIVER, INC. FOR PORT
ST. JOHN, RE: FOURTH OF JULY FIREWORKS DISPLAY

Motion by Commissioner Colon, seconded by Commissioner Voltz, to approve contributions of $1,000 each to the Cities of Melbourne, Palm Bay, Cocoa Beach, and Titusville, and to Thunder over Indian River, Inc. for Port St. John for Fourth of July fireworks display. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-14, RE: DRUG AND ALCOHOL TESTING OF
SCAT APPLICANTS AND EMPLOYEES

Motion by Commissioner Colon, seconded by Commissioner Voltz, to approve Revised Policy BCC-14 for drug and alcohol testing of Space Coast Area Transit (SCAT) applicants and employees. Motion carried and ordered unanimously. (See page for Policy BCC-14.)

RESOLUTION, LOAN DOCUMENTS, AND BUDGET CHANGES, RE: FUNDING FOR
INDIAN RIVER ISLES CANAL DREDGING MSBU PROJECT

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt a Resolution of the Board of County Commissioners of Brevard County, Florida, authorizing the issuance of its Special Assessment Revenue Note, Series 2005 in the original principal amount of up to $240,000 to finance the cost of assessable improvements consisting of a maintenance dredging within the unincorporated areas of Brevard County District 4 known as the Indian River Isles Maintenance Dredging Municipal Service Benefit Unit; pledging designated revenues to secure repayment of the Note; providing for the terms of the Note; making certain covenants in connection with the Note; providing for the sale of the Note; authorizing certain other matters in connection therewith; and providing an effective date; authorize execution of loan documents; and approve Budget Change Requests. Motion carried and ordered unanimously. (See pages
for Resolution No. 05-141 and Budget Change Requests.)

RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 01-242, RE: FOURTH-
CENT TOURIST DEVELOPMENT TAX REVENUE REFUNDING BONDS,
SERIES 2001

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt a Resolution of Brevard County, Florida, amending and restating Resolution No. 01-242, duly adopted on May 22, 2001, in order to provide for the use of the proceeds of the Fourth Cent Tourist Development Tax, after the payment of debt service on the County’s Outstanding Fourth Cent Tourist Development Revenue Refunding Bonds, Series 2001 (Florida Marlins Spring Training Facility) and all other payments required by the Resolution, for the purposes now or hereafter set forth in the Act; and providing an effective date. Motion carried and ordered unanimously. (See page for Resolution No. 05-142.)

AUTHORIZE REALLOCATION OF OFFICE SPACE AT COUNTY SERVICE COMPLEX
MERRITT ISLAND, AND LEASE AGREEMENT, RE: BREVARD COUNTY PUBLIC
HEALTH FINANCE DEPARTMENT

Motion by Commissioner Colon, seconded by Commissioner Voltz, to authorize reallocation of office space at County Service Complex Merritt Island; and authorize the Chairman to execute a Lease Agreement for temporary office space for Brevard County Public Health Finance Department. Motion carried and ordered unanimously. (See page for Lease Agreement.)

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION AND
NEGOTIATING COMMITTEES, AWARD PROPOSAL, AND EXECUTE CONTRACTS,
RE: CLERK’S ARCHIVE WAREHOUSE IN TITUSVILLE

Motion by Commissioner Colon, seconded by Commissioner Voltz, to grant permission to advertise request for proposals for architectural and engineering services for the Clerk’s Archive Warehouse in Titusville; appoint the Clerk of Courts or his designee, Assistant Facilities Director Hugh Muller, and Assistant County Manager Stockton Whitten to the Selection and Negotiating Committees; authorize award of the proposal to the lowest, qualified, responsive proposer; and authorize the Chairman to execute all associated contracts. Motion carried and ordered unanimously. (See pages for Contracts.)

AUTHORIZATION TO RENT TEMPORARY GENERATOR, RE: BREVARD COUNTY
GOVERNMENT CENTER - VIERA

Motion by Commissioner Colon, seconded by Commissioner Voltz, to authorize staff to procure the rental of a temporary generator for the Brevard County Government Center in Viera until the permanent backup generator is received. Motion carried and ordered unanimously.

EXTENSION OF LEASE AGREEMENT WITH CITY OF COCOA, RE: OFFICE SPACE FOR
BREVARD COUNTY FAMILY AND CHILDREN SERVICES

Motion by Commissioner Colon, seconded by Commissioner Voltz, to execute Extension of Lease Agreement with City of Cocoa for office space for Brevard County Family and Children Services at 400 S. Varr Avenue in Cocoa. Motion carried and ordered unanimously. (See page
for Extension of Lease Agreement.)

PERMISSION TO SOLICIT REQUEST FOR PROPOSALS, APPOINT SELECTION AND
NEGOTIATING COMMITTEES, AWARD PROPOSAL, AND EXECUTE CONTRACT,
RE: TOURISM SIGNAGE DEVELOPMENT CONSULTANT

Motion by Commissioner Colon, seconded by Commissioner Voltz, to grant permission to solicit Request for Proposals for a tourism signage development consultant; appoint the Tourist Development Council Signage Subcommittee as Selection Committee to narrow the list to two; appoint Assistant County Manager Stockton Whitten, Assistant County Attorney, and Tourism Development Director to the Negotiating Committee; authorize award of the proposal to lowest, qualified, responsive bidder; and authorize the Chairman to execute the contract. Motion carried and ordered unanimously. (See page for Contract.)

PERMISSION TO CREATE CLASSIFICATION, RE: DEPUTY COUNTY ATTORNEY

Motion by Commissioner Colon, seconded by Commissioner Voltz, to grant permission to create classification of Deputy County Attorney in order to more accurately describe the job responsibilities of experienced attorneys in the County Attorney’s Office. Motion carried and ordered unanimously.

MUTUAL AID AGREEMENT WITH ORANGE COUNTY, RE: FIRE/RESCUE SERVICES

Motion by Commissioner Colon, seconded by Commissioner Voltz, to execute Mutual Aid Agreement with Orange County to provide a mutual exchange for fire and rescue protection in times of emergency or disaster too great to be dealt with unassisted. Motion carried and ordered unanimously. (See page for Mutual Aid Agreement.)

RESOLUTION, RE: REVISING HEALTH DEPARTMENT FEES

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution updating selected fees to cover the costs of providing service within an appropriate turnaround time for the Brevard County Health Department. Motion carried and ordered unanimously. (See page for Resolution No. 05-143.)

RESOLUTION, RE: COMMENDING M. RENE DAVIS

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution expressing appreciation to Rene Davis for his 17 years of outstanding public service to the citizens of Brevard County, and wishing him good health and happiness during his retirement. Motion carried and ordered unanimously. (See page for Resolution No. 05-144.)

APPROVAL, RE: ALTERED AND ADDED PRECINCT LEGAL DESCRIPTIONS

Motion by Commissioner Colon, seconded by Commissioner Voltz, to approve the altered and added precinct legal descriptions for the changes to existing precincts due to annexations by the Cities of Cocoa, Indian Harbour Beach, Melbourne, Palm Bay, and West Melbourne. Motion carried and ordered unanimously. (See pages for Descriptions.)

APPROVAL OF DISTRIBUTION, RE: BYRNE JUSTICE ASSISTANCE GRANT

Motion by Commissioner Colon, seconded by Commissioner Voltz, to approve the distribution of Edward C. Byrne Grant Award for FY 2005-2006 and budget changes; and authorize the Chairman to execute the necessary documents accepting the grant. Motion carried and ordered unanimously. (See pages for Budget Change Requests.)

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Colon, seconded by Commissioner Voltz, to approve the Bills and Budget Changes as submitted. Motion carried and ordered unanimously. (See pages
for List of Bills and Budget Change Requests.)

SPEED HUMP REQUEST, RE: ARABELLA LANE IN PORT ST. JOHN

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve installation of four speed humps on Arabella Lane, from Fay Boulevard to Macco Road in Port St. John. Motion carried and ordered unanimously.

AWARD OF BID #B-5-05-66, RE: DECEASED REMOVAL AND TRANSPORT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge withdrawal of Coastal Health Systems from the bid award of Bid #B-5-05-66, to remove and transport deceased persons; and authorize staff to advertise requests for proposals for the service. Motion carried and ordered unanimously.

The meeting recessed at 10:29 a.m. and reconvened at 10:42 a.m.

*Commissioner Carlson’s absence was noted at this time.

PUBLIC HEARING, RE: TRANSMITTAL OF 2005A.2, A.4, AND A.5 COMPREHENSIVE
PLAN AMENDMENTS

Chairman Pritchard called for the public hearing to consider transmittal of 2005A.2, A.4, and A.5 Comprehensive Plan Amendments to Department of Community Affairs.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Comprehensive Plan Amendment 2005A.2., and authorize transmittal of same to the Department of Community Affairs. Motion carried and ordered unanimously.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Colon, to approve Comprehensive Plan Amendments 2005A.4., and 2005A.5., and authorize submittal of same to the Department of Community Affairs. Motion carried and ordered unanimously.

Commissioner Scarborough suggested the next step be that staff make it consistent and bring back a plan to rezone all the IU properties to residential in that area rather than piecemeal it; however, the Board did not take official action by motion and vote on the suggestion.

RESOLUTION, RE: SUPPORTING DREDGING AND MAINTENANCE OF NAVIGATION
CHANNEL THROUGH SEBASTIAN INLET CONNECTING INTRACOASTAL
WATERWAY AND ATLANTIC OCEAN

Jim Culberson, Commissioner of Sebastian Inlet District, requested the Board’s support of the Resolution for the channel completion project that the District has been trying to get done for a number of years.

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution supporting dredging and maintenance to complete the navigation channel connecting the Intracoastal Waterway to the Sebastian Inlet and the Atlantic Ocean. Motion carried and ordered unanimously. (See page for Resolution No. 05-136.)

APPROVAL, RE: TRANSPORTATION IMPACT FEE TECHNICAL ADVISORY COMMITTEE
PROJECT FUNDING RECOMMENDATIONS

Dick Shanahan expressed opposition of $50,000 to update the Florida Avenue Extension Study.

David Dudley, Mark Vorce, and Mark Ryan advised of the road issues and discussed the transportation impact fees and impact fee credits.

The meeting recessed at 11:00 a.m. and reconvened at 11:09 a.m.

The Board discussed the Florida Avenue Extension, curvatures in the road, and solving the transportation problems.

Commissioner Voltz recommended the $50,000 for the study be taken back to the City Council to insure that it is going to do something with Florida Avenue.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the project funding recommendations as prepared by the Technical Advisory Committees for North Mainland, Central Mainland, South Mainland, South Beaches, Merritt Island, and North Beaches Transportation Impact Fee Benefit Districts, except $50,000 to update the Florida Avenue Extension Study to be administered by the City of West Melbourne, and reserve of $377,185.38 for selective east/west roadway improvements off Hollywood Boulevard corridor to be administered by the City of West Melbourne; approve associated Budget Change Requests; and authorize the Chairman to execute Disbursement Agreements with the Town of Melbourne Beach, and Cities of Indian Harbour Beach, Rockledge, Satellite Beach, and West Melbourne. Motion carried and ordered unanimously. (See pages for Budget Change Requests.)

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to table the project funding recommendations of $50,000 to update the Florida Avenue Extension Study to be administered by the City of Melbourne, and reserve of $377,185.38 for selective east/west roadway improvements off Hollywood Boulevard corridor to be administered by the City of West Melbourne, until July 2005, to get information from the City. Motion carried and ordered unanimously.

The meeting recessed at 11:25 a.m. and reconvened at 1:08 p.m.

LEASE AGREEMENT WITH CITY OF MELBOURNE AIRPORT AUTHORITY, RE: SOUTH
BREVARD SENIOR CENTER PROPERTY

Parks and Recreation Director Chuck Nelson provided an update to the Board regarding the lease of Melbourne Airport Authority property for the South Brevard Senior Center.

Commissioner Voltz advised of her support of the Lease Agreement.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to approve Lease Agreement with City of Melbourne Airport Authority for lease of Airport property at a cost not to exceed $173,200; and authorize the Chairman to execute the Agreement, subject to County Attorney and Risk Management review of the final document. Motion carried and ordered unanimously. (See page for Lease Agreement.)

APPOINTMENTS, RE: TITUSVILLE-COCOA AIRPORT AUTHORITY

Barbara Lasher, Curt Lorenc, Robert Arbuthnot, Carla Baer, Charles Mora, Captain Tom McGill, Vincent Harano, Harry Gulley, Tom Ruland, Michele Kidd, Janis Walters, and Ken Rivard advised of various issues concerning the appointments to Titusville-Cocoa Airport Authority.

The Board acknowledged Commissioner Pritchard’s recommendation to appoint Philip A. Napolitano replacing R. Craig Rastello, and Ken Rivard replacing Brian Lally, to the Titusville-Cocoa Airport Authority, with terms of appointments expiring July 8, 2008.

PUBLIC HEARING, RE: RESOLUTION VACATING PRIVATE SANITARY SEWER
EASEMENT WEST OF SOUTH COURTENAY PARKWAY - RICHARD AMARI,
ESQUIRE

Chairman Pritchard called for the public hearing to consider a resolution vacating private sanitary sewer easement west of South Courtenay Parkway, as petitioned by Richard Amari, Esquire.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating private sanitary sewer easement west of South Courtenay Parkway, as petitioned by Richard Amari, Esquire. Motion carried and ordered unanimously. (See page for Resolution No. 05-145.)

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF PUBLIC DRAINAGE
EASEMENT IN BAYTREE, P.U.D., PHASE 1, STAGES 1-5 - JOHN M. AND
CONSTANCE M. BOYLE

Chairman Pritchard called for the public hearing to consider a resolution vacating portion of public drainage easement in Baytree P.U.D., Phase 1, Stages 1-5, as petitioned by John and Constance Boyle.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Colon, to adopt Resolution vacating portion of public drainage easement in Baytree, P.U.D., Phase 1, Stages 1-5, as petitioned by John M. and Constance Boyle. Motion carried and ordered unanimously. (See page for Resolution No. 05-146.)

PUBLIC HEARING, RE: REVISIONS TO MERIT SYSTEM POLICY II, PAY PLAN

Chairman Pritchard called for the public hearing to consider revisions to Merit System Policy II, Pay Plan.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to approve revisions to Merit System Policy II, Pay Plan, in accordance with Chapter 82, Personnel, Brevard County Code. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 98-107, APPOINTMENT
PROCEDURES FOR PORT ST. JOHN DEPENDENT SPECIAL DISTRICT ADVISORY
BOARD

Chairman Pritchard called for the public hearing to consider an ordinance amending Section 98-107, Appointment Procedures for Port St. John Dependent Special District Advisory Board.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Ordinance amending Chapter 98, Port St. John Dependent Special District, Article IV, Code of Ordinances of Brevard County, Florida, specifically amending Section 98-107, Elections; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; providing for inclusion in the Code of Ordinances of Brevard County, Florida; specifying appointment procedures for the Port St. John Dependent Special District Board to be appointed by the Board of County Commissioners, with the proviso the two elected members will remain on the board without appointments until their terms expire. Motion carried and ordered unanimously. (See page for Ordinance No. 05-22.)

Commissioner Scarborough indicated a straw ballot will be voted on by the residents of Port St. John on whether or not they wish to maintain the elected board. He advised there are two things that are different from the Merritt Island language; one is that the Supervisor of Elections would like to reference the State election laws where there are districts so one knows when a term is up. He stated Chairman Pritchard brings to the Board recommendations for appointments to the Merritt Island Dependent Special District Board; and that particular provision has been stricken from the Port St. John District. He noted rather than the District 1 office bringing recommendations, the people interested would submit applications and the Board would consider and vote on them; and that will be kept in place until such time as the Board determines what the community wants.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, SECTION 62-2117,
PARKING, LOCATING, AND STORAGE OF VEHICLES AND EQUIPMENT

Chairman Pritchard called for the public hearing to consider an ordinance amending Chapter 62, Section 62-2117, parking, locating, and storage of vehicles and equipment.

Code Enforcement Director Bobby Bowen provided a summary and matrix of the ordinance amending Chapter 62, Section 62-2117, Parking, Locating, and Storage of Vehicles and Equipment.

Jay Adamson, Gary Whitlock, Patrick Wallace, Steven Lum, and R. J. Durhan, advised of various concerns and issues pertaining to the parking, locating, and storage of recreational vehicles, recreational equipment, commercial vehicles, heavy equipment, and motor vehicles and recreational vehicles for sale.

Discussion ensued concerning recreational units, setback requirements, motor homes and boats, consistency, enforcement issues, cargo, passenger vans, opaque barriers, mulch, residential areas, zoning regulations, signage on vehicles, “mom and pop” operations, loading docks, lawn maintenance trailers, enclosed structures, height and length issues, inconsistencies, and lot sizes.

There being no further comments heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Ordinance of the Board of County Commissioners of Brevard County, Florida, amending Chapter 62, Land Development Regulations of the Code of Ordinances; amending Section 62-2117, Parking, Locating, and Storage of Recreational Vehicles, Recreational Equipment, Commercial Vehicles and Heavy Equipment, and Motor Vehicles and Recreational Vehicles for Sale, specifically amending Section 62-2117 (a), Definitions; Section 62-2117 (b), Recreational Vehicles and Recreational Equipment; Section 62-2117 (c), Commercial Motor Vehicles; Heavy Equipment; Pickup Trucks, Passenger Vans and Cargo Vans, and Trailers; specifically creating Section 62-2117 (d), Motor Vehicles and Recreational Vehicles for Sale; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in the Code; and providing for an effective date, as amended. Motion carried and ordered unanimously. (See page
for Ordinance No. 05-23.)

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to continue the public hearing on Items 1, 7b, and 10, of the parking, locating, and storage of vehicles ordinance until August 9, 2005, at a time certain of 10:30 a.m. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH ALPERT PARTNERS, LTD/DEVCO
SHOPPING CENTERS, INC.; PARTIAL ASSIGNMENT OF CONTRACT TO PULTE
HOMES CORPORATION; AND JOINT PARTICIPATION AGREEMENT WITH PULTE
HOMES CORPORATION, RE: PROPERTY ADJACENT TO VETERANS MEMORIAL
PARK

Stormwater Utility Director Ron Jones explained the Contract for Sale and Purchase, a summary to the Board concerning the property adjacent to Veterans Memorial Park in Merritt Island.

Transportation Engineering Director John Denninghoff advised the Contract for Sale and Purchase is a win-win-win all the way around; it is a wonderful example of public and private partnership to accomplish things that neither could do on their own; and it is going to be a long-term benefit for the citizens of Brevard County.

Chairman Pritchard passed the gavel to Vice Chairman Voltz.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to execute Contract for Sale and Purchase with Alpert Partners, Ltd. and Devco Shopping Centers, Inc., and Partial Assignment of Contract for Sale and Purchase, and Joint Participation Agreement
with Pulte Home Corporation for 16.5 acres adjacent to Veterans Memorial Park in Merritt Island in the amount of $1,143,750. Motion carried and ordered unanimously. (See pages
for Contract, Partial Assignment of Contract, and Joint Participation Agreement.)

Vice Chairman Voltz passed the gavel to Chairman Pritchard.

APPROVAL, RE: FUNDING FOR VETERANS MEMORIAL CENTER RENOVATIONS

Motion by Commissioner Voltz, seconded by Commissioner Pritchard, to approve $71,500 from the Unallocated Balance Forward Reserves in the Mid-year Budget supplements for renovation of the Veterans Memorial Center at Veterans Memorial Park; authorize the advertisement of bids, award to the lowest responsive bidder, and the Chairman to execute the associated contract; and authorize the utilization of State, School Board, Governmental Entities, and Cooperative Agreements for the project. Motion carried and ordered unanimously. (See page
for Contract.)

The meeting recessed at 3:01 p.m. and reconvened at 3:08 p.m.

APPROVAL OF CONSTRUCTION, FINANCING PLAN, AND BUDGET CHANGES, AND
GRANT PERMISSION TO BID AND AWARD BIDS, RE: JAIL EXPANSION PROJECT

Facilities Director Sam Stanton provided an overview of the jail expansion project.

Assistant County Manager Stockton Whitten explained the project construction financing plan.

Sheriff Jack Parker commented on supervisory staffing and officers for the new facility, tents, existing staff, request only for positions that are absolutely critical, jail expansion needs and issues, jail population, and creation of a Correctional Recruiting/Hiring Office.

Discussion ensued concerning operational costs, additional positions for Sheriff’s Office, correctional officers, supervision at the jail, civilian/detention positions, and the new Jail Commander Futch.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve construction and financing plan for the Jail Expansion Project; authorize the County Manager or designee to authorize bids and awards for all materials, services, and equipment necessary to expedite completion of the Project; authorize the necessary budget actions to recognize bond proceeds and other project funding; and amend the Capital Improvement Program adding the Project and deleting the previously approved 256-bed dormitory expansion project and related commercial paper loan. Motion carried and ordered unanimously. (See pages for Contracts and Budget Change Requests.)

PUBLIC HEARING, RE: RESOLUTION APPROVING SECOND QUARTER SUPPLEMENTAL
BUDGET FOR FY 2004-2005

Chairman Pritchard called for the public hearing to consider a resolution approving the Second Quarter Supplemental Budget for FY 2004-2005.

Budget Director Dennis Rogero explained the Second Quarter Supplemental Budget for FY 2004-2005, which sets the Board’s newly amended budget at just over $1 billion.

The Board discussed voter-approved debt service and the EELS Program, Parks and Recreation referendum, obligation to the electorate to spend money in certain ways for certain projects, hurricane issues, construction projects, transportation issues, reimbursement from FEMA, and General Government Operating Reserves.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution approving the Second Quarter Supplemental Budget for FY 2004-2005; and approve Budget Change Requests and such actions as necessary to implement the adopted changes. Motion carried and ordered unanimously. (See pages for Resolution No. 05-147 and Budget Change Requests.)

SETTLEMENT AGREEMENT WITH JOHN M. PINTER AND JANE E. PINTER, AND
AUTHORIZE DISMISSAL OF LITIGATION WITH PREJUDICE, RE: BREVARD
COUNTY VS. JOHN M. PINTER AND JANE E. PINTER CASE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Settlement Agreement with John M. Pinter and Jane E. Pinter regarding the Brevard County vs. John M. Pinter and Jane E. Pinter case; and authorize dismissal of the litigation with prejudice. Motion carried and ordered unanimously. (See page for Settlement Agreement.)

COMPREHENSIVE EMERGENCY MANAGEMENT PLAN, RE: PHASING OF POLICY
GROUP AND DESIGNATION OF EOC

Motion by Commissioner Voltz, seconded by Commissioner Colon, to approve the Memorandum dated May 9, 2005 for the Comprehensive Emergency Management Plan, including phasing of the Policy group and designation of the Emergency Operations Center; and direct the Emergency Management Director to ensure language throughout such Plan is consistent with the intent and language of Issues 1 and 2. Motion carried and ordered unanimously. (See page for Memorandum.)

LEASE OPTIONS, RE: REPLACEMENT OF HANGAR AT VALKARIA AIRPORT

Valkaria Airport Manager Jim Shimkus provided an overview to the Board for replacement of the aircraft hangar at Valkaria Airport.

Attorney Philip Nohrr, Janis Walters, and Curt Lorenc discussed various issues and concerns pertaining to lease of the aircraft hangar at Valkaria Airport.

The Board discussed fair market value, working out details, not setting a precedent, time length of leases, and FAA rules and regulations.

Dr. McClure advised of his request and plans for building an aircraft hangar at the Airport.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to authorize staff to negotiate a lease with the N19EZ Corporation for replacement of its older, privately owned, fabric covered aircraft hangar at Valkaria Airport if the County Attorney determines it is legal; bring the lease back to the Board on July 26, 2005; coordinate with all necessary federal, State, and local agencies to effect construction of the permanent aircraft hangar; and update the Airport Layout Plan to depict the permanent replacement hangar. Motion carried and ordered unanimously.

RESOLUTION AND CONSERVATION EASEMENT TO ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT, RE: MITIGATION PROPERTY WEST OF FISKE
BOULEVARD AND SOUTH OF TIMBERS WEST SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution and execute Conservation Easement to St. Johns River Water Management District for mitigation property west of Fiske Boulevard and south of Timbers West Subdivision. Motion carried and ordered unanimously. (See pages for Resolution No. 05-148 and Conservation Easement.)

ACCEPTANCE OF DEED AND EASEMENT FROM PULTE HOME CORPORATION, RE:
BARNES BOULEVARD WIDENING PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Colon, to accept Deed and Drainage Easement from Pulte Home Corporation for conveyance of a 30-foot right-of-way and 30-foot easement along the south side of Barnes Boulevard at the proposed Turtle Creek Development location for the Barnes Boulevard Widening Project. Motion carried and ordered unanimously. (See pages for Deed and Easement.)

RESOLUTION AND EASEMENT TO CITY OF TITUSVILLE, RE: PARK AVENUE ROADWAY
IMPROVEMENT PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution and execute Sidewalk and Drainage Easement to the City of Titusville for the Park Avenue roadway improvement project. Motion carried and ordered unanimously. (See pages for Resolution No. 05-149 and Easement.)

REQUEST FROM PENCE COMPANIES, RE: EXTENSION OF WATER AND SEWER
FACILITIES FROM CITY OF PALM BAY TO EAGLE LAKES SUBDIVISION AND
COMPREHENSIVE PLAN CONSISTENCY DETERMINATION

Utility Services Director Richard Martens explained the request from Pence Companies for extension of water and sewer facilities.

Janis Walters requested the Board table the item until it receives full disclosure of all the particulars.

Leigh Stewart, representing Pence Companies, requested the Board support the request for extension of water and sewer facilities from the City of Palm Bay to Eagle Lakes Subdivision.

The Board discussed environmental issues, septic tanks and wells, no salt water intrusion in the area, leaching, groundwater, pollution effects, and developable property within Palm Bay.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to determine consistency to the Comprehensive Plan for extension of water and sewer facilities to Eagle Lakes Subdivision. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve request from Pence Companies to allow it to extend water and sewer service from the City of Palm Bay to the Eagle Lakes Subdivision. Motion carried and ordered unanimously.

REQUEST FROM PENCE COMPANIES, RE: CONSTRUCTION OF WATER AND SEWER
FACILITIES FOR EAGLE LAKES SUBDIVISION

Janis Walters and Curt Lorenc stated they do not believe the Board has sufficient information to make a decision today.

Leigh Stewart, representing Pence Companies, request the Board support the request from Pence Companies for construction of water and sewer facilities for Eagle Lakes Subdivision.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to recess the Regular Meeting of the Board of County Commissioners. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to convene the meeting of the Governing Board of the Brevard County Water and Sewer District. Motion carried and ordered unanimously.

Utility Services Director Richard Martens advised of the request from Pence Companies.

Commissioner Scarborough inquired does the request meet the criteria and are there any problems; with Mr. Martens responding such request meets the criteria.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve request from Pence Companies to construct water and sewer facilities for Eagle Lakes Subdivision within the boundary of the Brevard County Water and Sewer District. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to adjourn the meeting of the Governing Board of the Brevard County Water and Sewer District. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to reconvene the Regular Meeting of the Board of County Commissioners. Motion carried and ordered unanimously.

REQUEST FROM SUSTAINABLE RESOURCES INTERNATIONAL, RE: USE OF CENTRAL
DISPOSAL FACILITY TO DEMONSTRATE FABRICATION PROCESS

Paul Bemis and James Schouten, representing Sustainable Resources, LLC, requested the Board’s support to use the County’s Central Disposal Facility to demonstrate a fabrication process.

Commissioner Voltz inquired if staff supports the item; with Solid Waste Management Director responding yes, as long as there is compliance with Department of Environmental Protection (DEP) and the County gets the appropriate assurances that the landfill and groundwater are going to be protected.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve request from Sustainable Resources, LLC to use the County’s Central Disposal Facility to demonstrate a fabrication process that produces building materials from municipal solid waste; authorize staff to negotiate an agreement with Sustainable Resources, LLC for the County Manager’s authorization to locate the SR3000 equipment at the Central Disposal Facility; and approve memorandum of understanding with assurances that the landfill and groundwater are protected. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: EIMCO CLARIFIER DRIVES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the sole source acquisition of four Eimco Clarifier Drive Mechanisms and to bid installation services, with award to the lowest responsive bidder. Motion carried and ordered unanimously.

EASEMENT AND AGREEMENTS WITH FLORIDA POWER & LIGHT COMPANY, RE:
ELECTRIC FACILITIES AT PALM BAY REGIONAL PARK

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Easement, Underground Distribution Facilities Installation Agreement, Underground Conduit Installation Agreement WR#1325821, and Transformer Pad Location and Specification Agreement to provide electrical service at Palm Bay Regional Park. Motion carried and ordered unanimously. (See pages for Easement and Agreements.)

APPROVAL TO NAME PARK FACILITY, RE: RICHARD M. GRAMLING

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize naming the pond/property along the Brevard Zoo Trail in honor of Richard M. Gramling. Motion carried and ordered unanimously.

APPROVAL, RE: MOSQUITO CONTROL TENTATIVE DETAILED WORK PLAN BUDGET
FOR FY 2005-2006

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to recess the Regular Meeting of the Board of County Commissioners. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to convene the meeting of the Governing Board of the Brevard Mosquito Control District. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the Mosquito Control Tentative Detailed Work Plan Budget for FY 2005-2006. Motion carried and ordered unanimously. (See page for Tentative Detailed Work Plan Budget.)

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adjourn the meeting of the Governing Board of the Brevard Mosquito Control District. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to reconvene the Regular Meeting of the Board of County Commissioners. Motion carried and ordered unanimously.

DISCUSSION, RE: SCHOOL CROSSING GUARDS FOR SUMMER SCHOOL SESSION

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve funding school crossing guards for the schools located in the unincorporated area of Brevard County for the summer school session from June 2, 2005 through June 29, 2005, at $19,000. Motion carried and ordered unanimously.

APPROVAL OF PIGGY-BACKING STATE ACQUISITION CONTRACT WITH THE
CONSERVATION FUND, RE: ACQUISITION OF PARCELS IN THOUSAND ISLANDS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve piggy-backing the State of Florida Acquisition Contract with The Conservation Fund; authorize the Chairman to sign all required documents to accelerate the acquisition process for the acquisition of parcels located within the Thousand Islands; and authorize The Conservation Fund to negotiate with the owners, subject to appraised values meeting the purchase price and a second majority vote of the Selection and Management Committee. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH JEN-LEE DEVELOPMENTS, INC., RE:
PARCEL IN SPACEPORT COMMERCE PARK

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to take the Contract for Sale and Purchase with Jen-Lee Developments, Inc. for a parcel in Spaceport Commerce Park back to the Spaceport Commerce Park Authority for review of the criteria regarding higher paying jobs. Motion carried and ordered unanimously.

SPECIAL MAGISTRATE’S AMENDED RECOMMENDED ORDER, RE: ROGER C. AND
MARCELLA BOOS VESTED RIGHTS PETITION (CASE NO. 04-02)

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the Special Magistrate’s amended recommended order to grant Roger C. and Marcella Boos vested rights to obtain a building permit for property located at 4570 U.S. Highway 1, Grant, Florida, as the filling of certain wetlands was permitted by Department of Environmental Protection. Motion carried and ordered unanimously.

SPECIAL MAGISTRATE’S RECOMMENDED ORDER, RE: CARMELO AND LISA PULEIO
VESTED RIGHTS PETITION (CASE NO. 05-01)

Philip Fougerousse, Esquire, representing Carmelo and Lisa Puleio, advised of the issues concerning his client’s vested rights petition; and requested the Board’s support to allow the existing boat dock.

Discussion ensued on lot size requirements, boat dock, boat slips, and findings of fact.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to table the Special Magistrate’s recommended order to deny Carmelo and Lisa Puleio’s vested rights to allow an existing boat dock on property abutting Ross Avenue in the South Beaches that does not meet the lot size requirements of the zoning classification or Comprehensive Plan and was constructed without a building permit until August 9, 2005. Motion carried and ordered unanimously.

GROUND LEASE AGREEMENT WITH NEXTEL, RE: TEMPORARY CELLULAR TOWER
AT SOUTH BEACHES WASTEWATER TREATMENT PLANT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute the Ground Lease Agreement with Nextel for placement of a temporary cellular tower at the South Beaches Wastewater Treatment Plant to facilitate public safety and emergency communications needs. Motion carried and ordered unanimously. (See page for Ground Lease Agreement.)

CITIZEN REQUEST - JAMES MAYES, RE: EXEMPTION FROM EDUCATIONAL
FACILITIES IMPACT FEE AND REFUND

James Mayes advised of his request for exemption from the educational facilities impact fee and a refund.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant exemption from educational facilities impact fee and approve refund of the additional impact fee to James Mayes with DuPont Builders, Inc. for construction of a home for Scott and Sharon Krenz. Motion carried and ordered unanimously.

CITIZEN REQUEST - DANIEL SWENSON, RE: WAIVER OF EDUCATIONAL IMPACT
FEES

Dan Swenson, Board and Bloom, Inc., requested the Board waive the educational impact fees as the contracts to build the homes were executed prior to the effective date of the Impact Fee Ordinance.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive impact fees for 250 Gertrude Avenue, Palm Bay; 762 White Cloud Street, Palm Bay; and 650 Alford Street, Palm Bay, as requested by Daniel Swenson. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING UTILITY SERVICES DIRECTOR RICHARD MARTENS
TO TESTIFY IN BAREFOOT BAY WATER AND SEWER DISTRICT V. BURKIM
ENTERPRISES, INC. ET AL TRIAL

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to recess the Regular Meeting of the Board of County Commissioners. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to convene the meeting of the Governing Board of the Barefoot Bay Water and Sewer District. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt a Resolution of the Barefoot Bay Water and Sewer District authorizing the Brevard County Utility Services Director to make commitments for the District on details of the operation of the Snug Harbor Utility System. Motion carried and ordered unanimously. (See page for Resolution No. 05-001.)

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adjourn the meeting of the Governing Board of the Barefoot Bay Water and Sewer District. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to reconvene the Regular Meeting of the Board of County Commissioners. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING JAMES B. HUNT TO TESTIFY IN BLASKY V.
BREVARD COUNTY MOSQUITO CONTROL DISTRICT TRIAL

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to recess the Regular Meeting of the Brevard County Board of County Commissioners. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to convene the meeting of the Governing Board of the Brevard County Mosquito Control District. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt a Resolution of the Brevard County Mosquito Control District, authorizing James B. Hunt to make commitments for the Board of County Commissioners on use of Mosquito Control dikes. Motion carried and ordered unanimously. (See page for Resolution No. 05-001.)

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adjourn the meeting of the Governing Board of the Brevard County Mosquito Control District. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to reconvene the meeting of the Board of County Commissioners. Motion carried and ordered unanimously.

AGREEMENT WITH STATE ATTORNEY NORM WOLFINGER, RE: PROSECUTION OF
DEFENDANTS IN COUNTY ORDINANCE PROCEEDINGS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with State Attorney Norman Wolfinger to prosecute defendants in County Ordinance proceedings. Motion carried and ordered unanimously. (See page for Agreement.)

RESOLUTION, RE: ENCOURAGING USE OF STATE RESOURCES TO ATTRACT EADS
NORTH AMERICA HIGH-TECHNOLOGY AND INDUSTRIAL PROJECT TO BREVARD
COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution encouraging use of State resources to attract the EADS North America high-technology and industrial project to Brevard County; and providing for distribution of the Resolution to the Legislative Delegation and Governor. (See page for Resolution No. 05-150.)

WARRANT LIST

Upon motion and vote, the meeting adjourned at 5:19 p.m.

ATTEST:
__________________________________
RON PRITCHARD, D.P.A., CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
____________________
SCOTT ELLIS, CLERK

(S E A L)