February 22, 2005

The Board of County Commissioners of Brevard County, Florida, met in regular session on February 22, 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, Interim County Manager Peggy Busacca, and County Attorney Scott Knox.

The Invocation was given by Pastor Terry Craig, LifeLine Outreach Christian Center, Palm Bay, Florida.

Chairman Ron Pritchard led the assembly in the Pledge of Allegiance.

CONGRESSMAN DAVE WELDON, RE: UPDATE ON FEDERAL LEGISLATION AND
BUDGET ISSUES

Congressman Dave Weldon stated he appreciates the opportunities to periodically come before the Board and provide a brief update on issues of relevance to the County; and he is pleased to be out of Washington, DC at this time of year. He stated this is the Presidents’ Day recess; and Congress traditionally takes one week off in the month of February to allow representatives the opportunity to report back on their activities and to hear from the people back home. He stated the community has been very engaged regarding the issues in Iraq; there are many County residents serving in the National Guard; and the units at Patrick Air Force Base have been supporting operations there. He stated Congress has been devoted to making sure that Armed Services have the necessary resources to be able to complete the mission there. He stated the election was a very good one; leaders all over the Middle East are taking notice; and intelligence reports show that people in places like Egypt and Libya are asking when they will have elections as well. He stated that entire region of the world has not experienced any type of democratic elections or representative democracy historically; and there has not been a democratic election in over 50 years until the elections were held in Afghanistan and Iraq. He stated they are pleased with the selection of Condoleeza Rice in the position of Secretary of State; and they feel she will serve well there in that important position, and that her knowledge and experience will be helpful in the Middle East region. He stated the Board may have seen in the press reports, that Ms. Rice is focusing on the Palestinian situation. He stated on the national scene social security reform has been dominating a lot of the political news; that is a very important issue for the people in the community as there are a very large number of retirees; and he is very committed to maintaining solvency of the Social Security system so that current seniors will continue to get their Social Security checks and those near retirement will get their commitment. He stated they need a better system; it is unfair to ask young people just getting out of school to pay into a system that will be insolvent; one of the temptations is to raise taxes a little like was done in 1983; and people say if that is done, it will be solvent for 75 years.

He stated that is true, but then it will be insolvent in 75 years; and what they are doing is kicking the ball down the road. Congressman Weldon warned this is what the Europeans did; the U.S. Social Security system is based on the Bismarck system created in the 1880’s, which is built on the foundational principle that the vast majority will be dead before the age of 65; and that is the way solvency is maintained. He stated if someone tried to establish a retirement program modeled on that, they would be arrested because essentially it is a Ponzi scheme; and the reason it worked in the 1880’s and was adopted by the United States in 1936 is because life expectancies were much shorter. He stated that is the challenge the country is facing; the Europeans just raised taxes; but the Europeans had no job growth for 15 to 20 years with chronic unemployment rates of 10%. He stated one can imagine what it would be like in this community if there were chronic unemployment rates of 10%; people here complain when it is 7 or 8%; but there has been 10% unemployment in places like France and Germany for over ten years, so he thinks the United States can do better. He encouraged everyone to look at the City of Galveston that exempted itself from Social Security in 1983 when Congress closed the window and no longer allowed municipalities to exempt from Social Security; and advised those people who retire from city government in Galveston do much better than those on Social Security today. Congressman Weldon stated he is working with FEMA very aggressively to try to get them to start issuing the checks; and any specific issues the Board would like to bring up this morning, he will be happy to take back to them. He stated he met with Mike Brown, the head of FEMA about two weeks ago in Washington; he was on the phone with him again last week; and he will do everything in his power to make sure the funds continue to flow. He stated he is very concerned about getting some sand on the beaches before the hurricane season hits again. He stated they are trying to finish the work on the transportation bill; the widening of U.S. 192 is progressing nicely; and he is working to secure more funds for the Pineda connector, which he knows is important not only for relieving a lot of the congestion in that area, but also to relieve crowding and congestion on Wickham Road. He stated the BRAC issue is coming up soon; they have done everything that could be done; and commended the County for getting engaged in the issue. He stated the County put some resources on the table and helped retain some good quality consultants as they went through the process; and they will know in a few months whether they will be affected by that. He stated he will continue to fight any attempt to close Patrick Air Force Base (PAFB); they cannot close Cape Canaveral Air Station, so they are going to have the Air Force in Brevard County; and the issue is just PAFB. He stated citrus canker has now been found in the County; it showed up in St. Lucie and Indian River County several weeks ago; and it appears to have been blown around by the hurricanes. He stated a lot of people have been asking why citrus canker is continuing to spread; and explained there was bad canker in Florida in the 1920’s and again in the 1980’s; it was usually contained; but when it cropped up in South Florida, a judge issued an injunction preventing agricultural inspectors from going into residential areas to eradicate trees. He stated that injunction was fought by the Florida Department of Agriculture for years; and ultimately the Department of Agriculture won and was able to start going into residential areas, but by that time it had spread all over the place; and a lot of the residents who did not want the agricultural inspectors to come in now regret what they did, because most have lost their trees to canker. He stated people who moved from Broward and Dade County took their citrus trees with them; they were infected by canker; and they moved up to St. Lucie, Indian River, and Brevard County, and transplanted their trees. Congressman Weldon stated these are trees that were part of the original infection the State was never able to get its hands around. He stated he knows many of the Commissioners are tracking very closely about the Navy planning to move some of its operations out of the Cape area and up to Georgia; they were successful in preventing that; and they are going to be growing the Naval presence in the County slightly. He stated for the last two years he has been able to secure money for a project in Florida on hydrogen energy research; the President announced he wanted to put a lot of money toward this project; and he stepped forward to advise that the biggest consumer of hydrogen in the world is right in Brevard County. He stated it powers the rockets; the County has hydrogen technicians, hydrogen engineers, and fuel cell engineers; and if a hydrogen-based fuel economy is going to be anywhere in the world, this would be a great place to test it because there is a lot of technology and know-how. He stated they should see some testing of this in the years ahead where they are actually starting to operate some vehicles; he thinks they will be successful in getting some test vehicles at Kennedy Space Center; and instead of people getting on a diesel bus, they will get on a hydrogen burning vehicle. He stated it is an honor to serve the County; Congressman Feeney and he join hands on a lot of issues that are of tremendous importance to the County; and they will continue to do so in the years ahead as they begin the 109th Congress.

Commissioner Scarborough thanked Congressman Weldon and Congressman DeLay for bringing in additional money to NASA; stated it is critical; and as the shuttle phases out, they know Congressman Weldon is on board and doing all he can in that regard.

Congressman Weldon stated a lot of people had a lot of questions about the new appropriations committee; for years NASA was in an appropriations committee with veterans and HUD; and the HUD problem is senior housing, so NASA was ending up on the short end of the stick. He stated he and Congressman DeLay, along with others, have for years wanted to get NASA out of that committee because it was doomed to be on the losing end there; and finally they were successful in moving it to the Committee on Commerce, State, and Justice, which funds the Commerce Department, State Department, and Justice Department. He stated they also moved the National Science Foundation over there; and it is going to put NASA in a much more competitive advantage when they are debating who to give more money to and deciding what is the higher priority for the nation’s future. He stated they will do well in that; and Majority Leader Tom DeLay was instrumental in making that a success.

Chairman Pritchard stated at 11:00 a.m. the Board is meeting with Winston Scott of the Florida Space Authority; and Captain Scott is coming to ask the Board’s participation to evaluate the potential use and acceptance of a launch facility for new small launch vehicles, to revolutionize the process of launching from the Eastern Range. He stated there is a trend toward privatization of the launch vehicles; he sees the County as being a player in the privatization; the Atlas and Titan programs are going to go away, and they will be coming back with another launch-type vehicle; and he is wondering what Congressman Weldon’s involvement will be to insure that the County remains on the forefront of space exploration. Congressman Weldon responded the launch industry is a global industry; U.S. satellite manufacturers have been launching satellites on French rockets for over ten years, on Russian rockets for five to seven years, and even a few on Chinese rockets; and the Russians have driven down the cost of launching dramatically by using old military rockets to launch payloads. Congressman Weldon stated a lot of that infrastructure was put in place before they had any kind of commercial economy; and so it has been a tough market to be in for commercial launches. He stated the U.S. has made great strides in the Atlas and Delta programs in dramatically reducing the cost of launch through the Evolved Expendable Launch Vehicles (EELV) Program; it is a Pentagon driven program that tried to modernize a lot of the construction and processing methods; and one of the things that he has been pushing for is to modernize the range. He stated one of the problems the country has in competing for commercial launches is that French Guiana only launches commercial launches, so it is driving everything; whereas here there is competition with NASA launches and military launches; and he has tried to keep money in the pipeline for what is referred to as a turnkey operation where they could quickly switch from a shuttle launch to a commercial launch. He stated there are some very interesting entrepreneurs who are trying to get into the launch vehicle business; and the most recent is Elan Musk who has funded a rocket that he claims will dramatically reduce the cost of launches further. He stated those are the kinds of launch providers that Winston Scott wants to be able to lure to the Cape area to keep them in the business of launching rockets. He stated he is confident that the short-term outlook is very good; they are going to be in the rocket business for quite a while to come; and it is really a question of what will be 15 to 20 years from now. He stated maybe their children will be able to continue to work in the rocket business, but the question is whether their grandchildren will still be doing it; and those are the things that need to be addressed.

Commissioner Colon thanked Congressman Weldon for everything he has done for the County; stated she knows he is going to try to reintroduce a bill in regards to mercury; and requested he elaborate on anything the Board can do locally to help it move along. Congressman Weldon stated he appreciates the offer; it is a complicated issue; and there is a preservative that has been used in childhood vaccines for decades called thimerasol, which is 50% mercury by weight. He stated it was discovered in the 1990’s, after several more required shots were added to the vaccine schedule, that many of the children may have received dangerously high levels of mercury in their most formative days, the first six months of their lives; and the Centers for Disease Control (CDC) has stepped forward to take most of the mercury out of most of the vaccines. He stated he has a bill to require they get it all out; and he is reintroducing that bill this year, so it seems to be moving in the right direction. He stated sometimes if they just introduce a bill, the presence of the bill is enough to force a change and it is not always necessary to mandate through a legislative act, though he would like to see that enacted into law. He stated he does not think there is any excuse for people to be receiving injections of organic mercury, which is a very toxic substance; and thimerasol was never studied for its safety. He stated thimerasol is what is called a legacy product; there was a presumption that it was safe; and it has been used in all kinds of pharmaceutical preparations for decades; and it is amazing that there has been a tremendous focus on getting mercury out of the emissions of power plants, which is a worthy cause, but policy makers have ignored the mercury in medical products; and so they are trying to get rid of it.

Commissioner Carlson thanked Congressman Weldon for everything he has done with the Pineda Causeway and the beaches; stated a lot of people have been affected by the hurricanes; and they are still waiting for their sand that will not come quick enough for them. Commissioner Carlson stated going back to the Transportation Bill, what is the status of Florida as a state in terms of the donor/donee states, and is it going to get any more of the dollar back this year. Congressman Weldon stated that is a good question; he voted no on the bill the last time it was on the floor; they were never able to get the bill through the Senate or through Conference Committee, so they are still operating under an extension of the Highway Bill; and even though there were some good things in the bill for his Congressional District, the formula was not acceptable, and he could not vote for it. He stated Florida will always be a donor state because the concept of the donor/donee state is built on the premise that states like North Dakota, South Dakota, Wyoming, and others do not have a tax base to fund their interstate highway system, that everyone benefits from as a nation; and the debate gets into what is an appropriate level of being a donor state. He stated the current formula is unacceptable; too many of the State’s dollars are going out; and some are looking at eliminating the federal highway tax and turning the money back to the states because so much of the money gets diverted. He stated when someone puts a gallon of gas in his or her car, a significant percentage of the highway tax actually goes to support mass transit systems in places like New York and Washington DC. He stated he supports mass transit; it is a good thing; and some mass transit dollars come back to this area to support the County’s bus operations; but if they cannot get a better formula, he does not know if he will be able to vote for the bill in the end.

The Board expressed appreciation to Congressman Weldon for his update.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Minutes of the October 21, 2004 Special Meeting and the November 4, 2004 Zoning Meeting. Motion carried and ordered unanimously.

PRESENTATIONS BY LOBBYISTS JOHN THRASHER, FRANK TSAMOUTALES, AND JIM
SMITH, RE: COUNTY REPRESENTATION

Interim County Manager Peggy Busacca advised the Board will have presentations from two potential lobbyists. Chairman Pritchard advised it will be three as Mr. Tsmoutales is present. Ms. Busacca stated there will be presentations from John Thrasher, Jim Smith, and Frank Tsamoutales; her understanding is that Mr. Smith and Mr. Thrasher have to make an 11:15 am. flight; and requested they be allowed to make their presentations first. Chairman Pritchard stated the Board will go alphabetically.

Chairman Pritchard stated he was incensed when he read yesterday’s Florida TODAY newspaper’s description of the three candidates; the way they have lambasted Mr. Tsamoutales is terrible; and they also implied that Mr. Thrasher and Mr. Smith are supported by Commissioners Carlson and Scarborough, and that Mr. Tsamoutales is supported by

Commissioner Voltz and himself, but that is not true. Chairman Pritchard stated the Board supported all four candidates, which included Mr. Ramba who withdrew because of the issue of privatizing marinas. He stated he is glad to see that Mr. Tsamoutales was able to be present this morning because what was written about his was awful; and what incenses him is that after making him the poster child for terrible accusations, they came to him saying he had a lot of credentials. Commissioner Voltz indicated they also came to her. Chairman Pritchard stated the way the article was written was an insult to Commissioner Voltz, himself, the Board, and Frank Tsamoutales. He stated the Board’s support is with all the candidates today; the Board is here to listen to what they have to say and what they can do for the County; and the Board appreciates their presence today.

Jim Smith introduced Mary Kay who was with the Florida Association of Counties for many years; and stated they will try to be brief as he anticipates the Board may have questions. He stated they are a six-person lobbying firm; they represent a wide range of clients, from the private sector and public entities; and they have a vast amount of experience. He stated all of them either have served in elected office or in government in some capacity; and he was Attorney General for eight years, Secretary of State for eight years, and was Chief of Staff to several Governors. He stated Brian Ballard was Chief of Staff to Governor Martinez and worked in the Reagan White House for a short time. He stated they are Republicans and Democrats; with their private clients, they raise a lot of money; but they know that as a government, the County does not have that ability. He stated Tallahassee is a money-driven process; and because of the fundraising they do with their private clients, the local government clients benefit from that. He stated the press sometimes can misinterpret things, so he wants to emphasize, that does not get them anything but getting in the door, and it does not guarantee any kind of results. He stated he knows there is concern about whether the County can get to him if it needs to; he takes pride in the fact that he works very hard and is responsive to all of his clients; the Board has the client list; and invited the Board to call anyone he represents to ask if access is a problem. He stated he takes what he does very seriously; he tries to do a great job for his clients; and when they call him, they get return phone calls. He stated by the same token, he would urge the Board to ask members of the Delegation, the Speaker of the House, or the President of the Senate about the work they do and the kind of results they are able to get for their clients; and he thinks the Board will get good reports. He stated they take pride in the fact that they are willing to take on difficult issues before the Legislature and work with the clients to get the results they would like to have; in Brevard County, what is going to happen in the space industry is a concern relating to jobs; and now is the time to work with the Florida Legislature. He stated for a couple of years they have a Governor who can get to the White House and the federal establishment, that can sometimes be difficult to break through and get a heads up on what may be coming down the pike; and they look forward to the challenge of working with the County in making sure jobs can be replaced and there can be the kind of job growth that would give the County the kind of economic stability it must have.

Mary Kay Cariseo stated she was with the Florida Association of Counties (FAC) for ten years representing County governments; and she had the opportunity to go with the Smith and Ballard firm. She stated when she was the Executive Director of the FAC, they hired some contract lobbyists to assist in getting the access they needed; and Smith and Ballard was one of the firms that was hired. Ms. Cariseo stated they were very successful in using the firm to work on many issues including the Article V issues. She stated the firm has been successful with many city and county clients; and it currently represents Charlotte County, Martin County for over ten years, and Pembroke Pines, the Town of Palm Beach, and many other cities. She stated they have done a great job; when she was the Executive Director of FAC, she told the counties that it is very important to identify the things that they wanted contract lobbyists to do for them, specifically appropriations issues; and they have been very helpful in establishing and getting some substantive bills passed that can help particular cities or counties. She encouraged the Board to be specific in what it requests and know that Smith and Ballard could get the job done for the County; and she is glad to be back before the Board.

Chairman Pritchard stated he is always interested in results, return on investment, and reporting so the Board knows where it is in terms of the bills and the firm’s influence on attaining something or stopping something adverse from happening. He inquired what would be the fee for the services; with Mr. Smith responding $60,000, payable monthly. Mr. Smith advised during the session they have a report every week for governmental clients. Chairman Pritchard stated this is apolitical; it does not matter what political persuasion Mr. Smith is as long as the County gets the results; there was a problem in the past when there had been a little bit of fighting between the lobbyist and one of the members of the Delegation; and he does not want to see that happen again. He stated if anything, the Delegation represents a broader perspective than the Commission does; and the Board expects the lobbyist to work with the Delegation to insure that Brevard County is served in the best interest of the taxpayers. Mr. Smith stated they do not get in fights with members, and are nice to folks who vote; they do not take people on publicly and try to have them defeated because they may not have done something they did not want them to do; and in this business there is a lot of give and take. He stated they feel they have to conduct themselves in such a way that they are welcome; and they get along with both parties, although they are weighted more on the Republican side because it is a Republican Legislature. He stated that is not to say that there are not Democrats who are well respected and effective; and Speaker Benz has gone out of his way to make it clear that if a Democrat has a good bill, it will have a fair hearing; and that is the way the process should work. Chairman Pritchard inquired how Mr. Smith would describe his relationship with the Governor; with Mr. Smith responding when the Governor needed somebody to be Secretary of State when Katherine Harris abruptly resigned to run for Congress, he called him in Colorado to be Secretary of State for five months, so it is a good relationship, as it is with others the Board is talking to today.

Commissioner Voltz stated the firm represents a number of cities; currently the County is going through some angst with a local city; and inquired since Ballard and Smith represents cities and counties, how is it going to fall when there is an issue between cities and the County. Mr. Smith responded they do not have any cities in Brevard County, but as Ms. Cariseo indicated the Association handles things like how to fund Article V and making sure the Legislature does not transfer Medicaid costs to the counties, and the work Smith and Ballard would do for a city or county would be much more specific. He stated they helped one of the counties get some money for a school that it had been trying to get for many years without success; and they would anticipate working on a need that the County had that would be unique to Brevard County. Commissioner Voltz stated some of the issues may affect all cities, so it is not going to be just between the County and one city; and that might be a tough thing for Smith and Ballard to do since it has cities as clients and what the County may be pushing for may affect cities that may not like it. She inquired if Mr. Smith sees that as an issue or problem. Mr. Smith requested Commissioner Voltz be more specific on the issue; with Commissioner Voltz responding the EMS issue in dealing with assessments being collected could affect all cities. Ms. Cariseo stated one of the things that they try to do at Smith and Ballard is to go to the cities; if there is an issue on the County’s agenda that it wants lobbied on its behalf, it may not be on the agendas of the cities they are representing; and then they would come back to the Board. She stated annexation is another example; they do not want to do anything that would be in conflict; and they would raise that issue before the Board needed to raise it with them.

Chairman Pritchard inquired why does the County need a lobbyist; with Mr. Smith responding the Association handles the broad issues, and there is a Delegation that is sensitive to the needs of the County, but during session they are distracted with committee meetings. Mr. Smith stated Tallahassee has gotten to be like Washington, D.C. in that every day there is a parade of groups coming to meet with the legislators and members have to participate in those activities; there is a lot of competition, particularly for the money in the budget; if the County has a serious need, it needs a hired lobbyist looking out for it; and it should be a lobbyist with the entrée and the ability to make sure that shows up in the budget. He stated otherwise things may fall through the cracks; and the Board needs to look at the number of other counties and cities around the State that have found it important to have a lobbyist looking out for their specific interests.

John Thrasher stated he is pleased to be here with Jim Smith, Mary Kay Cariseo, and Frank Tsamoutales. He stated he heard what the Board said about the press; and he can assure the Board they work together and sometimes compete together, but they are all good friends. He stated he is offering the services of Southern Strategy Group to the County; it is a firm of eight, soon to be nine; and he will briefly describe the members of the firm. He stated Paul Bradshaw is a lawyer and former land use attorney with the Department of Community Affairs, who still does a lot of land use type of work for clients; David Rancourt worked for the Secretary of State; and Sandy Mortham was the Chief Elections Officer of the State, and then was the first Deputy Chief of Staff for Governor Bush. He stated Chris Dudley worked for Lt. Governor Brogan; prior to that, he was Commissioner of Education and was Deputy Chief of Staff to the Governor; and he has a heritage in politics as his father was a State Senator. He stated Tom Herndon was the Chief of Staff to two Democrat Governors; and he was head of the Department of Revenue and head of the State Board of Administration before he came with the firm. He stated Tim Moore who was head of the Department of Law Enforcement for 15 years has a background in security issues; and Roxanne Robinton worked for the Department of Corrections. He stated coming to the firm in three weeks is Paul Mitchell who is currently Chief of Staff to Treasurer Gallagher. Mr. Thrasher stated he was on the Clay County School Board before he was elected to the Florida Legislature where he served eight years, the last two as Speaker of the House. He stated the firm prides itself on being advocates for the clients; they can open doors as good as anybody; but there are a lot of people in Tallahassee who can open doors; and they want to look at the issues and understand what the County’s concerns are. He stated they want to go to the members of the Legislature or the Executive Branch and advocate for those ideas. He stated half of their clients are Executive Branch clients; they spend as much time in that side of government as they do the legislative side; it is a continuing year-round thing; and they are full-time lobbyists. He stated they are specifically involved this year with a number of issues that will be of interest to the Board, particularly in growth management, which is a major issue affecting State government; the Governor has thrown out a broad-based concept; some of those ideas have been retooled; and that will be a major issue this session. He stated he will be the primary person on this account if they are so fortunate to get it; they have a number of clients and divide it up by principals; there is a principal on every single client; and if there is a potential problem in terms of needing additional help, each of the principals has backups from the firm. He stated he wants to address the question why the County needs a lobbyist; that is a good question; and Mr. Smith hit on all the highlights. He stated the one he wants to add is term limits; members are there for eight years, particularly in the House; some of them go on to the Senate and have experience there; but when they are only there for eight years, it is tough to learn the ropes in that period of time. He stated it is important for the County to have a continuing voice in Tallahassee so that they work day-to-day with the Delegation and with the leadership as it develops in the Legislature to advocate the County’s interests; and those are all very important. He stated he served with Senator Posey for eight years in the House of Representatives; and he knows all the other members of the Delegation. He stated as Mr. Smith said, they do not go against incumbents or get involved in any particular race where there would be disputes about it; and they support the leadership that generally supports all incumbents. He stated he has good relationships with all the members of the Delegation as well as the Governor’s office and the Executive branches of government.

Chairman Pritchard stated the Board is very concerned about return on its investment; and inquired how often will Mr. Thrasher be reporting to the Board; with Mr. Thrasher responding there is a weekly report. Mr. Thrasher stated in addition, they provide through email a daily report on the major issues in Tallahassee; it is through news clipping; but it is done electronically so everybody has the highlights of what went on every day in Tallahassee; and at the end of the week, they summarize directly to the clients. Chairman Pritchard inquired if the report will reflect Mr. Thrasher’s involvement; with Mr. Thrasher responding yes. Chairman Pritchard stated that is most important. Mr. Thrasher stated communication is the number one thing; they are blessed with a lot of clients; and he hopes they got them because they do good work, but it is blocking and tackling every single day to make good representation for people in Tallahassee. He stated it involves doing the basic fundamental things such as returning phone calls, reporting, and advocating on behalf of their clients. Chairman Pritchard inquired how much is Mr. Thrasher’s fee; with Mr. Thrasher responding he heard Mr. Smith say $60,000, so his fee is $59,999; and he would imagine Mr. Tsamoutales’ fee will be one dollar less. Mr. Thrasher stated that is a fair fee and one they would be happy to work with. Chairman Pritchard
stated Mr. Thrasher heard his question regarding the Delegation; and noted they need a homogenous flow and to make sure they are all working together. Mr. Thrasher stated he worked in a delegation when he was in the Legislature, the Duval County delegation, the Clay County delegation, and the St. Johns County delegation, so he knows what it is to work on behalf of people in the area. Mr. Thrasher stated they had Democrats and Republicans in the delegation; there were conservatives and liberals; but when it came to working together, they worked together on behalf of their area; and the County’s Delegation feels the same way. He stated they would be happy to continue that type of enthusiastic outlook; it is important for the lobbyist to meet regularly with the Delegation and the Board or the County Manager so they are all on the same page, arguing for the same things. Chairman Pritchard inquired how would Mr. Thrasher describe his relationship with the Governor; with Mr. Thrasher responding they all have good relationships with the Governor; he was speaker during the first two years of the Governor’s term; and they accomplished some of the significant things in his tenure, including cutting taxes, major things in the criminal justice and environmental areas, and torte reform. He stated they had a good two years; and the Governor has been a good friend.

Commissioner Voltz stated one thing she wanted to ask Mr. Smith and Mr. Thrasher is where they live. Mr. Smith stated he lives in Tallahassee. Mr. Thrasher stated he lives in Orange Park, Florida and part-time in Tallahassee. Commissioner Voltz stated Mr. Thrasher represents a lot of school boards; with Mr. Thrasher responding he represents the Clay County School Board and the Duval County School Board. Commissioner Voltz stated sometimes there are issues between the County and the School Board or the cities; and inquired how would Mr. Thrasher handle something like that. Mr. Thrasher stated the focus for both of those clients is money; Clay County for years was last in terms of per pupil funding in Florida; everything they do is to raise the funding; and they have had some success with that. He stated it is the same with Duval County; and there really are no other issues. He stated he also represents the City of Jacksonville and the City of Orlando; and they are very narrowly focused. He stated the City of Jacksonville has been focused on Executive Branch issues. Commissioner Voltz stated Mr. Thrasher represents Disney; and inquired about time. Mr. Thrasher stated what the firm did for Disney was primarily high speed rail; and they have other lobbyists in Tallahassee who represent them on the legislative side.

Mr. Thrasher submitted brochures to the Chairman but not the Clerk.

Frank Tsamoutales stated he lives in Satellite Beach; he has lived in the County for 33 years, and in Florida for his entire life; and he is Director of Special Projects for the Young Van Assenderp Law Firm in Tallahassee, which is one of the oldest firms in Tallahassee. He stated their clients include the Florida Tax Collectors for over three decades, Florida Chamber of Commerce for nearly 15 years, and the Florida Engineering Society for over three decades. He stated they also represent Orlando Utility Commission, Black and Veech, Honeywell Corporation, Tensor Engineering, Leftwich Consulting, and the TRDA. He stated he and his colleagues co-authored the Growth Management Act and the first High Speed Rail Act; and they serve as general counsel to the Florida Tax Collectors, Florida Chambers of Commerce, and the Florida Engineering Society. He stated members of the firm have interesting backgrounds outside of Tallahassee, counseling Nobel laureates, heads of state, presidents, and ambassadors; and most of his life he has been around public servants, and has respect and appreciation for what they do. Mr. Tsamoutales stated this is a tough decision for the Board; as both gentleman said, they have all known each other for some time; they work together often, sometimes on opposite issues; but the Board cannot go wrong with any of these firms. He stated since the newspaper article was mentioned, he wants to touch on a few of the statements that were made; in terms of short client list, he is not sure what the benchmark is for a short or long list; but his firm has one of the longest client lists in town. He stated whether there is a direct correlation between the length of a client list and how good the firm is, he does not know; but there are a lot of firms that have a handful of clients and do a wonderful job; and there are others that have many and do an extraordinary job as well; but his firm does not have, by anyone’s measure, a short client list. He stated in terms of limited lobbying experience, his firm has to be in the top 5% in terms of lobbying experience; the firm has been in Tallahassee since 1970 and has been lobbying since that time; and that is a credible track record in anybody’s book. He stated as far as being unknown at the State level, he is not sure what that means; he has never run for office Statewide like Mr. Smith nor been Speaker like Mr. Thrasher; but he has raised money Statewide and continues to do that. He stated the firm has been doing that for 20 years and helped both Mr. Thrasher and Mr. Smith in their political careers, so he is not sure that was a fair statement or what the newspaper was trying to infer from that. He stated it is not secret that the Governor has been to his home during his first, second, and third campaigns, as have his brother and father; the same is true of the CFO and Attorney General; and their families and his go back two generations. He stated he has an extraordinary working relationship with the Speaker of the House and Senate President, as do other members of his firm; and certainly that is inconsistent with the statement made in the paper. He stated there was a comment relative to ethical concerns; he does not know what they are talking about; and as far as the value of his home, he does not know that has to do with anything other than providing he lives in the County. He stated the term scandal was used a couple of times; once it was relative to Brevard Community College; and the newspaper did a diligent effort for years reporting about the Palm Bay property that BCC got involved with, the Florida Educational Research Foundation, and the subsequent firing of Dr. King and Tom Adams. He advised the Governor appoints the Community College Board; his consulting firm was hired to help dispose of the property and negotiate a discount with Merritt Lynch; and they did that, saving the college $21 million in interest and selling the property at market value the same day. He stated they brought all that to closure; that was never written about; but they are proud of that success. He stated the other scandal referred to was relative to the TRDA and the appointments made there; the lobbyist who had been there quite some time had quit; the board of the TRDA was appointed by Governor Bush; and they in turn, hired him to represent TRDA, and he still does today. He stated if the Board checks with staff, it will find they have made some improvements in Tallahassee and the relationship is good. He stated he loves Brevard County, has lived here 33 years, and has raised his children here; his wife just got back from receiving a double lung transplant in Chapel Hill; and the outpouring of support from the community has been extraordinary. He stated if the Board is willing to give him the privilege and opportunity, this would be another way that he could give back to the community he loves so much.

Chairman Pritchard stated he is interested in results, return on investment, and reporting; and inquired how often will that be. Mr. Tsamoutales stated they report on a weekly basis as to tracking issues that are relative to the County’s needs and concerns; but they also provide daily news clips to give a sense of what is going on Statewide. Mr. Tsamoutales stated they will be in touch with the County on a daily basis electronically, will report once a week, and will always be accessible by phone. He stated one of their clients, Honeywell, which is a large international company, told an audience just a few weeks ago that they were the most responsive firm that it works with anywhere in the country; they are proud of that; and they will be giving the County the same attention. Chairman Pritchard inquired if he can assume the fee would be $60,000; with Mr. Tsamoutales responding $5,000 paid on a monthly basis. Chairman Pritchard requested Mr. Tsamoutales describe his relationship with the Governor; with Mr. Tsamoutales responding it is good; his relationship with the Governor spans quite some time; and they have maintained a healthy and productive relationship. Chairman Pritchard inquired why does the County need a lobbyist; with Mr. Tsamoutales responding the County needs one because between term limits and the legislators’ schedules, they need people to stay focused on the issues that are important; and one way of doing that is by having an active, engaged lobbyist looking out for the County’s best interests. Chairman Pritchard inquired if Mr. Tsamoutales would be the County’s point of access; with Mr. Tsamoutales responding he will.

Commissioner Voltz stated the newspaper also had information about her; it said that Mr. and Mrs. Tsamoutales donated $1,000 to her campaign; and that is true; but there is probably not one person who has ever been a Commissioner who did not receive money from the former lobbyist. She stated she did not receive money from Mr. Tsamoutales as a lobbyist. She stated the newspaper also said that Appliance Direct, which is one of Mr. Tsamoutales’ clients, gave her $10,000; that is a lie, and someone would be in jail if they did it, so they should get the dollar amount right; and the newspaper did not make any of them look very good. She stated she looked at Mr. Tsamoutales’ client list as well as those of the other lobbyists, and did not see any cities or counties on it; but she does see some beach renourishment issues, for which the County has a need. She stated Mr. Tsamoutales lives locally; she has known him for 18 years, and known him well for seven years; and they have worked on the cystic fibrosis event.

Chairman Pritchard stated the Commissioners have quite an extensive bit of information on all of the applicants, so they have had the opportunity to review everything.

Commissioner Scarborough stated in the last budget session, the Board put $145,000 into the EDC working for the NASA issue; there have been recent articles dealing with what is happening with NASA; and reports are going to be forthcoming. He stated there are states that will throw massive amounts of money on this; a service center was supposed to come to this area; there was supposed to be a research park at UCF; but Alabama bought it away. He stated they are in a period of transition; the Board will be hearing later from Winston Scott about the smaller rockets, shorter range, and the educational type thing; Chairman Pritchard had referred to the commercial launches with the Delta and Atlas rockets; and he also referred to what happens with the Ariane and the French down in South America. He stated he is going to address the NASA budget; NASA has indicated it will not have the shuttle too far out; it is in the process of redirecting an entire new launch vehicle, which is not designed yet; and there are probably 90% of the workers at the Kennedy Space Center who are engaged in the shuttle or
International Space Station programs. Commissioner Scarborough stated there has been a misinterpretation of the difference between the hiatus that occurs with a disaster like the Challenger and ending the Apollo program; some people can remember when people sold their belongings for food and gave away their homes; and he is not trying to create a dire situation if they act prudently and see where the rest of the union is going. He stated it is going to take a commitment of the State that there is a profound paradigm shift from where Florida has been and where it is willing to go; he does not know if the State has the capacity; and the Board will be calling on its lobbyist for far more than any lobbyist has ever been asked to look at, which is a paradigm shift, not just with space, but with the entire nature of industrial development. He stated the question is whether higher paying jobs are of significance to the State or whether it is happy just with agriculture and tourism, which have marginal wages and lead to problems with the educational system and proliferation of all the State’s problems. He stated if the State wants to have higher paid jobs, wants to have a quality education system, and wants to be something other than large, the Board needs a lobbyist who has the capacity to articulate those issues in Tallahassee. He stated he thinks Mr. Smith can speak to the Governor because he has been there; but Mr. Thrasher came on board with SERPL and saw something out of the box; and he was not from the area, but got on board, so Mr. Thrasher is his first preference, Mr. Smith is his second, and Mr. Tsamoutales is his third.

Commissioner Carlson stated she has a very similar perspective; she knows Mr. Thrasher was there for SERPL; she was a big supporter of that; and she hopes it can continue. She stated her choices would be first Mr. Thrasher, then Mr. Smith, and then Mr. Tsamoutales. She stated she does not know what the other two Commissioners are interested in; but she does think that coming to the table at the time when the County needed him the most and the history of that are essential to the choices today.

Commissioner Voltz stated one thing the newspaper got right is that she supports Mr. Tsamoutales because he has been there for the community in ways that most people do not even know. She stated Mr. Tsamoutales is going to know where Floridana Beach is or the issues in Mims; he is going to know the issues that are important to Brevard County because he lives here; and that is the important thing. She stated she has always found Mr. Tsamoutales to be accessible; and every time she asked him to do something, he has done it. She inquired if Mr. Smith was originally part of the firm that Mr. Tsamoutales is with; and stated there was an issue between Mr. Thrasher and the Governor on which they disagreed. Mr. Thrasher stated he has disagreed with the Governor before; with Commissioner Voltz noting she is sure they all have. Commissioner Voltz stated both Mr. Smith and Mr. Thrasher have client lists that are extremely long; and the County will not get the attention it deserves. She stated the only way to get that attention is to support someone who lives in the County who is able to see the needs and know exactly what it is that the County does.

Chairman Pritchard inquired if Commissioner Voltz has a second and third choice; with Commissioner Voltz responding Mr. Thrasher second and Mr. Smith third.

Commissioner Colon stated she is grateful that all three men have taken the time to come before the Board; the situation is quite awkward; and she would not want to be any of the men right now. She stated she does not believe in lobbyists; it is nothing personal against any of the applicants; and whomever the Board decides on, the quality in the room is obvious to the citizens. She stated she is extremely impressed with what she has read; but she has no intention of voting for anyone; and her vote is zero, zero, zero because of her philosophy regarding how the Board spends those dollars. She reiterated it is nothing against the applicants; and thanked them for coming to Brevard County.

Chairman Pritchard stated when the Board is faced with an issue like this, it has to vote; and maybe the initial vote should be whether to hire a lobbyist; with County Attorney Scott Knox responding the Board can structure it any way it wants. Chairman Pritchard stated it would make it more comfortable for Commissioner Colon because she does have to vote; with Commissioner Colon responding she will be voting, but against whoever the Board picks, and she is not refraining from voting. Chairman Pritchard stated Commissioner Scarborough made some good points; he enjoys having a lobbyist live in the County and believes Mr. Tsamoutales was maligned by the newspaper; his reputation stands on its own; and the County is privileged to have three worthy firms here for this position. He stated he understands it will be a one-year contract with two one-year options; and inquired if it will be structured the same as with the previous lobbyist; with Ms. Busacca responding if that is the Board’s choice.

Commissioner Carlson suggested making it one year and then looking at it because the Board will need to make sure the lobbyist that is chosen is doing the job it expects; and she does not want it to come on the Consent Agenda in the future and be rubber stamped.

Chairman Pritchard stated it will be a one-year contract at $60,000; and he is also going to go with Mr. Thrasher. He stated the issue of SERPL was significant to the area; Mr. Smith’s credentials are impeccable; and he feels very strongly toward Mr. Tsamoutales; but in terms of thinking out of the box and coming forward when there was an issue of significance, Mr. Thrasher was there, so he will support hiring him.

Commissioner Scarborough stated he will make a motion for Mr. Thrasher, but would first like to ask a question. He stated when he and Mr. Thrasher spoke on the phone, he indicated he would be willing to come down and meet with those persons concerned about the space program, and that would be a part of the contract that he would make trips to the County when needed. Mr. Thrasher stated when the County needs him, he will be here; and he will be responsible to any of the Commissioners. Commissioner Scarborough stated the Board as a whole could agree on which occasions Mr. Thrasher would come and the contract could address how many trips.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize hiring John Thrasher as lobbyist for the County at $60,000 for one year; and the contract come back to the Board for review.

Commissioner Carlson stated Mr. Thrasher identified the reporting sequence; and inquired if that should be included in the motion; with Commissioner Scarborough responding those type of things could be included in the contract, and each Commissioner would have the opportunity to see what else he or she may want.

Chairman Pritchard called for a vote for the motion. Motion carried and ordered; Commissioners Voltz and Colon voted nay.

Chairman Pritchard stated the Board is looking forward to having Mr. Thrasher as its hired gun. Mr. Thrasher stated he is honored to do it; and promised Commissioners Voltz and Colon that he will work as hard as he can for the County. Commissioner Voltz stated her negative vote was not personal. Mr. Thrasher stated he understands that; and he will be happy to work with the County Manager as well. He recommended expediting the contract so he can get started; stated the legislative session is less than two weeks away; and they need to get into a dialogue so they can start identifying some of the issues.

Commissioner Scarborough recommended the Board consider Mr. Thrasher hired, but bring back the terms of the contract; and that way Mr. Thrasher can start working with Theda Roberts. Mr. Thrasher stated he will get the necessary forms for registration for the executive and legislative branches so they can start immediately; and he will talk to members of the Delegation as he sees them this week in Tallahassee. He advised he has a plane to get; he looks forward to getting back and meeting with the Commissioners; and thanked the Board for its confidence in his firm.

Interim County Manager Peggy Busacca stated she wants to confirm that the $60,000 will be taken from Contingency; with Chairman Pritchard responding yes.

*Commissioner Scarborough absence was noted at this time.

RESOLUTION, RE: PROCLAIMING NURSING STUDENTS WEEK

Commissioner Voltz read aloud a resolution proclaiming the week of February 20 through 26, 2005 as Nursing Students Week.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to adopt Resolution proclaiming the week of February 20 through 26, 2005 as Nursing Students Week. Motion carried and ordered unanimously.

Commissioner Voltz presented the Resolution to William Rhode, President, Brevard Community College Nursing Student Association, who expressed appreciation to the Board for the Resolution.

*Commissioner Scarborough’s presence was noted at this time.

AMEND SCHEDULE AND ADOPT RESOLUTION, RE: REQUESTING STATE ECONOMIC
DEVELOPMENT CONFIDENTIAL PROJECT (03-04) 8-3-36-RD BE APPROVED AS A
QUALIFIED DEFENSE CONTRACTOR BUSINESS

Interim County Manager Peggy Busacca stated the EDC requested the Board considering modifying the $300,000, which it agreed to provide for the EDC confidential project, which was the Lockheed project. She stated the Board previously agreed to $60,000 a year over five years; however, in order to meet the State’s defense infrastructure fund allocations, the EDC is requesting the Board put $130,000 in the first year, and then the next four years would be a total of $42,500; it is the same total amount of money, but is at different times; and after the last action the Board has $260,000 in Contingency.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution requesting the State Economic Development Project, Confidential Project (03/04) 8-3-36-RD be approved as a Qualified Defense Contractor business and modify the schedule of local support from $60,000 over five years to $130.000 the first year, and $42,500 for the next four years. Motion carried and ordered; Commissioner Colon voted nay.

REPORT, RE: USE OF FLORIDA INLAND NAVIGATION DISTRICT SAND

Interim County Manager Peggy Busacca stated she will distribute information the Board requested on Thursday; Natural Resources Management Director Ernie Brown put together some alternatives for the use of the Florida Inland Navigation District sand; and if the Board has a chance to look at it, it can discuss it later in the meeting.

REPORT, RE: JOINT MEETING WITH CITY OF PALM BAY

Interim County Manager Peggy Busacca stated the Board requested staff report on the meeting with the City of Palm Bay; Commissioner Colon and Mr. Knox may have additional information; but the City has tentatively agreed to meet with the County and begin work on a joint planning agreement. She stated the discussions were very positive, and they are looking forward to doing that. She stated based on the positive response, moving forward to intervene would make it difficult to put the joint planning agreement together; and she wanted the Board to know they are moving forward.

Commissioner Carlson stated the Board had a meeting scheduled; and inquired if the Board needs to continue that. Ms. Busacca stated the March 1, 2005 meeting has to do with the EMS Ordinance.

County Attorney Scott Knox stated he agrees it was a productive meeting; it was very cordial and cooperative; and he examined the materials that were handed out by some of the people who think they will be impacted by the amendment to the Comprehensive Plan that the Board discussed. He stated he does not see it as something that the Board can successfully challenge, so the better approach is to go for the joint planning agreement to see if there can be some agreement on where the lines should be drawn.

Commissioner Scarborough stated there are probably going to be levels of disagreements that will continue to exist in any environment; he would like to advise that in Titusville they are making a lot of progress with the joint planning agreement; but in Titusville’s legislative packet, it addresses two things, the EMS issue and annexation, so he does not know if they will ever come to a complete accord. He stated there are matters in which they need to deal in different situations with different cities; they need to be flexible and deal with them in the most constructive way possible; and this is an indication that the Board is looking at it case-by-case in a constructive manner, and he supports it.

Chairman Pritchard stated if anything, the Board has shown that the County is not afraid to rattle its sword; if it has to do that in order to reach accord with the municipalities, it will have to do that; but the joint planning agreements and other agreements that they can come up with are in the best interest of all. He stated they are not spinning their wheels or wasting taxpayers’ money; but they are standing up for the issues they believe in and are representing the taxpayers fairly.

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

REPORT, RE: TITUSVILLE PLAYHOUSE

Commissioner Carlson stated there will be a brief report from Nora Jean Brown who is the business director for the Titusville Playhouse; she is doing the Sample of the Arts today; and she will advise what is going on in Titusville.

Nora Brown stated she is new in this position as she just started January 1, 2005 as the new business director; but she wants to provide some history about the organization. She stated the group was the recipient of a County grant; and she wants to let the Board know what they are doing in Titusville. She stated the Mask and Hammer players began in 1954 and merged with the Titusville Little Theater in 1965 to make the group that is known today as the Titusville Playhouse; and the organization was incorporated with the present name in August 1965, so the next season with be the 40th year. She stated in 1981 the Titusville Playhouse purchased the Florida Theater building and began raising funds to restore and renovate the former movie theater; and in 1984 the Emma Parrish Theater opened for business with You Can’t Take it With You and five other productions that year. She stated this year the building is 100 years old, and acts like it. She stated the Rising Stars Theater workshop for children in sixth to twelfth grades began in 1986 with the first production using student actors happening one year later; and in 1991 the Children’s Theater Arts program for students in first to fifth grades formed and the first Rising Stars drama camp for high school students was held. She stated each year the Rising Star Theater completely produces three main stage plays; each play is performed by children, sets are built by children, and lighting and sound are manned by children, all under adult supervision; and they enjoy an audience of almost 7,000 people attending the three Rising Star productions. Ms. Brown stated each Rising Stars main stage production is also performed during school hours as a field trip for local schools and child care facilities; and the costs of these performances are greatly reduced so every child may experience a theater performance. She stated in 1991 a touring troop of fifth and sixth graders was formed as the Junior Players; this troop performs puppet shows at the three North Brevard libraries. She stated the Titusville Playhouse is the only live theater organization in North Brevard; and individuals in the community depend on them to provide a creative outlet, whether they choose to participate as artists, volunteers, or as members of the audience. She stated Titusville Playhouse also provides theater training and is the only source of stage training outside the school system; and approximately 400 people participate in the theater training classes per year. She stated the mission of the Titusville Playhouse is to reach across lines of culture, age, and socioeconomic status to provide these services to as many in the community as possible; and beyond the training and play productions, they also outreach to the community through other events produced by the Brevard Symphony Orchestra, the United Way, Parrish Medical Center, and Titusville Area Chamber of Commerce, as well as concerts performed by other artists. She stated during the entire year, the Titusville Playhouse will seat an audience of 26,000 people; and thanked the Board for its continued support. She stated the arts opportunities in Brevard County are just one of the many amenities that makes Brevard County a wonderful place to live and work.

RESOLUTION, RE: COMMENDING LINDA SOUTH, EXECUTIVE DIRECTOR OF BREVARD
WORKFORCE DEVELOPMENT BOARD

Commissioner Carlson read aloud a resolution commending Linda South, Executive Director of the Brevard Workforce Development Board.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution commending Linda South, Executive Director of the Brevard Workforce Development Board for her years of dedicated service to the County’s citizens. Motion carried and ordered unanimously.

Linda South stated this has been the most fun of the multiple careers she had over her lifetime; and while it is bittersweet to leave the County and the Workforce Development Board, she knows that together they have built a system that will sustain any one person’s coming and going. She introduced Lisa Rice; stated after an exhaustive search, Ms. Rice’s credentials spoke for themselves; and she leaves the Workforce Development Board in fine hands under her leadership. She stated the Board is familiar with Ms. Rice from other roles; and she is proud to introduce her as the new Executive Director of the Workforce Development Board.

Lisa Rice thanked Ms. South for all the service she has given to the community; stated she hopes to serve the community in the same fashion; and she looks forward to that opportunity.

*Commissioner Colon’s presence was noted at this time.

EMPLOYEE LONGEVITY RECOGNITION, RE: 25 AND 30 YEAR RECIPIENTS

Interim County Manager Peggy Busacca stated they are four people present who have 25 years and two people with 30 years. She advised of Kathleen Daniels’ employment beginning in 1979 in the Social Services Division, and her current role is a social worker for the Community Action Team under Housing and Human Services. Chairman Pritchard presented Ms. Daniels with a plaque; and Ms. Daniels advised it has been a pleasure.

Ms. Busacca advised of Jim Hunt’s employment beginning in the Parks and Recreation Department, and his move in 1999 to his current position in the north area, and his maintenance of Lake Washington Park, Suntree Rotary Park, and the Suntree Elementary ball fields. She stated during his tenure with the County, Jim has been an ambassador for Parks and Recreation. Chairman Pritchard presented a plaque to Mr. Hunt, who stated it is strange to receive a plaque for 30 years and have Jack Masson who hired him 30 years ago, in the audience. He thanked Mr. Masson for his faith in hiring him; thanked his Supervisor, who has been a great leader; and stated he prides himself in taking care of the athletic fields for the children. He stated they work together like a family; and hopefully he will be with the County for a few more years.

Ms. Busacca stated Phil Minnis was hired by Parks and Recreation in 1974; and in 1995 he transferred to the Central Mainland Service Sector, where he is employed today. She stated he has received numerous commendations and letters of appreciation for his work; he has been a member of the Safety Team for several years; and he is known for his ability and willingness to do anything that is asked of him. She advised of Mr. Minnis’ skills as a handyman; and stated he enjoys restoring his 1968 Buick LeSabre and spending time with his four children, granddaughter, and wife, especially when they are fishing, playing pool, or eating out at local restaurants. Chairman Pritchard presented a plaque to Mr. Minnis, who expressed his appreciation.

Ms. Busacca advised of Donald Grassman’s career, which began in 1974 as a drafting technician with the Utilities Division and moving to Utility Construction Inspector. She thanked Mr. Grassman for his 30 years of service. Chairman Pritchard presented a plaque to Mr. Grassman.

Ms. Busacca stated Don Lusk has 25 years with the County; he began his career as the Program Chair for the CITA Administration and moved to the position of social worker in Social Services the next year; in 1985 he was promoted to Social Worker Supervisor; and his next position was as Special Assistant to County Administrator Tom Jenkins. She stated after 18 months, he was promoted to Social Services Division Director; in 1992 he became the Transit Services Director; and in 1997, Mr. Lusk again agreed to work with Mr. Jenkins as Assistant County Manager if Mr. Jenkins promised to behave himself better this time. She stated Mr. Lusk has been commended many times for his willingness to assist within his community; his personnel file includes letters of thanks for leading the 1991 United Way Campaign, for assisting with the County picnic, for his efforts with the Workforce Development Board, and for his assistance to Trinity Towers; and there is also a letter from Governor Lawton Chiles. She stated Mr. Lusk is an integral part of the County Manager’s team; he is to be congratulated on 25 years of dedicated service; and she wants to thank him personally for his assistance to her in her role as Interim County Manager. Chairman Pritchard presented a plaque to Mr. Lusk, who advised it has been a blast.

Ms. Busacca stated District Chief Mark Francesconi of the Public Safety Department, who has 25 years with the County, had to leave early.

Chairman Pritchard stated it is great to have so many employees with 25, 30, and 30-plus years who are still working for the County; it says a lot for the County; and it says a lot for the individuals. He stated as Mr. Hunt said, employees do become like family; and that is one of the important attributes the employees have. He stated the only problem is when they start reaching the 25 and 30-year mark, they may start thinking of retiring, and then the County loses all the valuable knowledge and skills that the employees have, so he hopes if they are thinking of retiring that they are also thinking of who their replacement will be to insure there is continuity of workforce strength. He congratulated the employees; and stated they are doing a job well done.

LARRY WEBER, KEEP BREVARD BEAUTIFUL, RE: TRASH BASH AWARD

Larry Weber stated he appreciates the support of Keep Brevard Beautiful by the Board, the staff, and all the citizens and cities; he is going to report on some of the accomplishments of last year; and without everyone’s support, they would not be able to do this. He stated they are coming in to the Great American Cleanup, which runs from March 1 to May 31; and they have several projects coming up. He stated last year during the Great American Cleanup, they had 24,395 volunteers who removed 228,000 pounds of trash, recycled 23,000 pounds of recyclables, planted 17,026 trees and flowers, and renovated or restored 29 acres of wetlands. He stated they appreciate everyone’s assistance and encouragement to do this; they are holding the kick-off on Saturday, March 5, at Bracco Reservoir at the west end of Highland Drive in Cocoa; and invited everyone to attend. He stated George Geletko is the Trash Bash Chairman and a partner of Keep Brevard Beautiful.

George Geletko stated it is an honor and a pleasure to be Chairman of Trash Bash; they have an important goal this year and that is to keep Brevard beautiful; and the theme this year is to Sustain the Drive for Community Pride in 2005. He stated this will happen Saturday, April 16, 8:00 a.m. to noon. He stated in 2004, there were 1,595 volunteers who collected 119,522 pounds of trash from roadsides, shorelines, and neighborhoods. He stated the Trash Bash competition winner was District 5 Commissioner Colon who won best performance compared to 2003; and District 3 won the stained glass “Pellycan” for best overall performance including volunteers and bags of trash collected. Commissioner Voltz inquired if she has to bring back Pellycan; with Mr. Weber responding she can earn it again this year. Commissioner Carlson inquired if Keep Brevard Beautiful will be working with the new Sheriff to solicit chain gangs, so each Commissioner will get one gang to work in his or her District.

RESOLUTION, RE: PROCLAIMING THANK A VET DAY

Commissioner Colon stated she will be presenting the resolution next weekend. She read aloud the resolution proclaiming February 27, 2005 as Thank a Vet Day.

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution proclaiming February 27, 2005 as Thank a Vet Day. Motion carried and ordered unanimously.

ITEMS REMOVED FROM CONSENT AGENDA

Chairman Pritchard inquired if any items need to be removed from the Consent Agenda; and advised he has a comment regarding Item IV.A.1. He stated Item IV.C.1 has been moved to Section VIII.A.

APPROVAL, RE: LANDSCAPE/LANDCLEARING/TREE PROTECTION TASK FORCE

Chairman Pritchard stated one of the recommendations is to have two to five at-large appointees; and he would suggest there be five so each Commissioner can make an appointment. Commissioner Scarborough inquired when does Commissioner Pritchard want them to make the appointments; with Chairman Pritchard responding within the next few days. Commissioner Voltz suggested they be made before the next meeting.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution establishing the Landscape/Land Clearing/Tree Protection Task Force, with five at-large members, and each Commissioner appointing one at-large member. Motion carried and ordered unanimously.

APPROVAL OF RESTORATION PLAN, RE: WETLAND PROTECTION VIOLATION FOR
ACTION FILE #05-0037

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the restoration plan to resolve the wetland protection violation of Gary J. Foleno, Action File #05-0037, at 6251 La Capria Lane in Rockledge, Florida. Motion carried and ordered unanimously.

APPROVAL OF SOLE SOURCE AWARDS AND EXECUTION OF CONTRACTS WITH
UNIVERSITY OF CENTRAL FLORIDA AND GEOMAR ENVIRONMENTAL
CONSULTANTS, INC., RE: MARINE TURTLE MONITORING

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve sole source awards, and execute Agreements with University of Central Florida and Geomar Environmental Consultants, Inc. for conducting a fourth year of required marine turtle nesting surveys for the County. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: INDIGO CROSSING SUBDIVISION, PHASE 2

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final plat approval for Indigo Crossing Subdivision, Phase 2, subject to minor changes, if necessary, receipt of all documents required for recording, and developer responsible for obtaining jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVALS, RE: WYNDHAM AT
DURAN

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final engineering and preliminary plat approvals for Wyndham at Duran, subject to minor engineering changes as applicable and developer responsible for obtaining jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVALS, RE: CAPRON RIDGE
SUBDIVISIONS, PHASE 7 (ST. PATRICK’S PUD)

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final engineering and preliminary plat approvals for Capron Ridge Subdivision, Phase 7 (St. Patrick’s PUD), subject to minor engineering changes as applicable and developer responsible for obtaining jurisdictional permits. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR CAPRON
TRACE, PHASE I

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution releasing Contract with The Viera Company for improvements in Capron Trace, Phase I. Motion carried and ordered unanimously.

RESOLUTION, RE; RELEASING CONTRACT WITH THE VIERA COMPANY FOR CAPRON
TRACE, PHASE III

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution releasing Contract with The Viera Company for improvements to Capron Trace, Phase III. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTACT WITH THE VIERA COMPANY FOR INDIGO
CROSSING SUBDIVISION, PHASE I

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution releasing Contract with The Viera Company for improvements in Indigo Crossing Subdivision, Phase I. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH CITY OF ROCKLEDGE, RE: LOCAL REGULATION OF
REGISTERED CONTRACTORS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Interlocal Agreement with the City of Rockledge to establish a centralized and uniform system for the local regulation of registered contractors pursuant to Parts I and II, Chapter 489, Florida Statutes, for a period of three years, with renewal of the Agreement automatic for successive three-year periods unless either party notifies the other, before the anniversary date, of its wish not to proceed with the services. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN WITH AG VENTURES, LLC, RE: PROPERTY LOCATED
ON NORTHEAST CORNER OF WILEY AVENUE AND US 1

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Binding Development Plan with Ag Ventures, LLC (f/k/a Lucas/Housing Authority) for property located on the northeast corner of Wiley Avenue and US 1. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN WITH ANDREW AND MELISSA BANYAI, RE: PROPERTY
LOCATED ON THE WEST SIDE OF SPARTINA AVENUE, SOUTH OF OAK LAKE PLACE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Binding Development Plan with Andrew and Melissa Banyai for property located on the west side of Spartina Avenue, south of Oak Lake Place. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN WITH HOLIDAY BUILDERS, INC., RE: PROPERTY
LOCATED SOUTHWEST OF LUCAS PLACE AND BEVIS ROAD

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Binding Development Plan with Holiday Builders, Inc. for property located southwest of Lucas Place and Bevis Road. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN WITH TANNER & KANAZEH DEVELOPMENT, INC., RE:
PROPERTY LOCATED ON THE NORTH SIDE OF TRIMBLE ROAD, WEST OF WICKHAM
ROAD

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Binding Development Plan with Tanner & Kanazeh Development, Inc. for property located on the north side of Trimble Road, west of Wickham Road. Motion carried and ordered unanimously.

RESOLUTION AND AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION,
RE: REIMBURSEMENT FOR DAMAGES AND EXPENSES DUE TO HURRICANES
CHARLEY, FRANCES, AND JEANNE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution and execute Agreement with Florida Department of Transportation for reimbursement for damage and expenses to Brevard County due to Hurricanes Charley, Frances, and Jeanne in an amount not to exceed $8,506,444. Motion carried and ordered unanimously.

TASK ORDER 4 WITH MWH AMERICAS, RE: TESTING AND REPAIR OF SYKES CREEK
INJECTION WELL SYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Task Order No. 4 with MWH Americas, Inc. for required routine testing and repair of the Sykes Creek Injection Well System, at a total cost not to exceed $426,000. Motion carried and ordered unanimously.

SELECTION OF CONSULTANT AND APPOINTMENT OF NEGOTIATING COMMITTEE, RE:
ENGINEERING SERVICES FOR FORCE MAIN REPLACEMENT ON SOUTH PATRICK
DRIVE/RIVERSIDE DRIVE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to accept the Selection Committee’s selection of Post Buckley Schuh & Jernigan; and appoint a Negotiating Committee consisting of Stormwater Utility Director Ron Jones, Transportation Engineering Director John Denninghoff, and Utility Services Director Richard Martens to negotiate a contract for engineering services necessary for force main replacement on South Patrick Drive/Riverside Drive. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: REMOVAL AND
TRANSPORTATION OF BODIES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to bid, award bid to lowest responsible bidder, and execute contract for removal and transportation of bodies from the death scene to the Medical Examiner’s Office. Motion carried and ordered unanimously.

AGREEMENT WITH BIG BROTHERS/BIG SISTERS OF CENTRAL FLORIDA, RE: TITLE V
COMMUNITY DELINQUENCY PREVENTION GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Big Brothers/Big Sisters of Central Florida for Title V Community Delinquency Prevention Grant to provide mentoring programs for 400 Brevard County children; and authorize the Chairman to execute any future contracts associated with the Title V Community Delinquency Prevention Grant. Motion carried and ordered unanimously.

AGREEMENT WITH ECKERD YOUTH ALTERNATIVES, INC., RE: TITLE V COMMUNITY
DELINQUENCY PREVENTION GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Eckerd Youth Alternatives, Inc. for Title V Community Delinquency Prevention Grant to provide mentoring programs for 400 Brevard County children; and authorize the Chairman to execute future contracts associated with the Title V Community Delinquency Prevention Grant. Motion carried and ordered unanimously.

APPROVAL OF LIBRARY SERVICES POLICY, RE: PATRON WIRELESS CONNECTIVITY
POLICY FOR TERMS OF SERVICE AND ACCEPTABLE USE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Library Services Patron Wireless Connectivity Policy for terms of service and acceptable use. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY
SERVICES, RE: LIBRARY SERVICES TECHNICAL GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement Application with Florida Department of State, Division of Library Services for a Library Services and Technology Grant in the amount of $100,969.51 to provide family literacy training. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: EXCHANGE OF WICKHAM PARK
OUT PARCELS WITH CHAPEL OF THE HOLY FAMILY

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to advertise public hearing for exchange of property with Chapel of the Holy Family for certain out parcels within the boundary of Wickham Park. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF EDUCATION, RE: SUMMER FOOD
SERVICE PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with the Florida Department of Education for the Summer Food Service Program for children at Cuyler Park in Mims, Campbell Park in Titusville, Woody Simpson Park in Merritt Island, Joe Lee Smith Park, and Cocoa West Park in Cocoa. Motion carried and ordered unanimously.

AUTHORIZE USE OF SCHOOL BOARD CONTINUING CONTRACT, RE: CONSTRUCTION
MANAGEMENT FOR JOE LEE SMITH AND MCLARTY POOLS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize use of School Board Continuing Contract for Construction Management for repairs to Joe Lee Smith Pool in Cocoa and McLarty Pool in Rockledge. Motion carried and ordered unanimously.

AGREEMENT TO EXTEND AGREEMENT WITH PAUL FRIDDLE, BIRDIES AND EAGLES,
AND PERMISSION TO ADVERTISE FOR PROPOSALS, RE: FOOD AND BEVERAGE
CONCESSION SERVICES AT HABITAT GOLF COURSE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Paul Friddle, Birdies and Eagles, to provide concessionaire services at Habitat Golf Course; authorize advertisement for and acceptance of proposals from qualified vendors for the operation of food and beverage concession services at the Habitat Golf Course; appoint a Selection and Negotiation Committee consisting of Operations Manager Dennis MacKee, Habitat Golf Manager Alex Romanoff, Department Finance Manager or designee and a Golf Advisory Board member representing The Habitat Golf Course; and authorize negotiations by the Committee.

APPOINTMENT, RE: BREVARD COUNTY PUBLIC GOLF ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to reappoint Steve Fleming and Marty Brown to the Brevard County Public Golf Advisory Board as at-large members representing the Spessard Holland Golf Course, with terms expiring December 31, 2005. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH ROBINSONBUSH, RE: EMPLOYEE BENEFITS
CONSULTING SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Amendment to Agreement with RobinsonBush for services related to employee benefits consulting offered in support of the Brevard County Self Insured Group Health Plan; and authorize the Insurance Director to fund the Health and Wellness Initiatives on an annual basis. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, RE: EMPLOYEE GROUP
HEALTH BENEFITS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to advertise request for proposals, in a joint effort with the Brevard County School Board, in order to obtain proposals for dental, vision, pharmacy, and mental health group health programs; and appoint the Employee Benefits Advisory Committee to act as the selection committee for all requested RFP’s. Motion carried and ordered unanimously.

APPROVE CITY OF MELBOURNE’S REQUEST TO HOLD PUBLIC HEARINGS AND
ACCEPT OUTCOME OF HEARINGS, RE: RENAMING APOLLO BOULEVARD AS DR.
MARTIN LUTHER KING, JR. BOULEVARD

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the City of Melbourne’s request to hold public hearings and accept the outcome of the hearings to rename the section of County-maintained Apollo Boulevard between Sarno Road and Babcock Street to Dr. Martin Luther King, Jr. Boulevard. Motion carried and ordered unanimously.

APPROVAL OF APPLICATION AND ACCEPTANCE BY SHERIFF’S OFFICE, RE: VICTIM
OF CRIME ACT GRANT FROM OFFICE OF ATTORNEY GENERAL

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve application and acceptance by the Sheriff’s Office of Victim of Crime Act (VOCA) Grant from the Office of the State Attorney General to fund 75% of salary and benefits of two existing victim advocates and two new victim advocates for FY 2005-06. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to appoint/reappoint Amy Faulkner to the Brevard Commission on Aging, Patsy Shearer to the Central Brevard Library and Reference Center Advisory Board, John Mongioi to the Marine Advisory Council, and Sharon Savastio to the Metropolitan Planning Organization Citizens Advisory Committee, with terms expiring December 31, 2005. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Bills and Budget Changes. Motion carried and ordered unanimously.

The meeting recessed at 10:55 a.m. and reconvened at 11:08 a.m.

APPROVAL OF FUNDING REQUEST, RE: FLORIDA SPACE AUTHORITY ECONOMIC
DEVELOPMENT STUDY

Chairman Pritchard stated the Board is privileged to have Captain Winston Scott before it to make a proposal; the proposal is most interesting; and based on the discussions the Board had this morning with Congressman Weldon, the Board can see it may be going in a slightly different direction; and it is important to lead the charge instead of riding the charge.

Captain Winston Scott, representing the Florida Space Authority (FSA), stated Florida is the place for space; and if it is going to continue that way, it needs to go in a new and different direction. He stated everyone has already seen the request from the Florida Space Authority to help fund a proposal; but he would first like to set the stage. He presented a PowerPoint presentation; and stated everyone present is familiar with Florida Space Authority, what it is and what it does, and the fact that it is create by Statute. He stated Florida Space Authority is the leading agency within the State concerned with the development of space; it is concerned with the business end; and it is concerned with all of Florida, but primarily Brevard County because that is where the Authority is located. He stated Florida is in serious competition with other states; and displayed a chart showing satellite manufacturing facilities and space launch facilities. He noted Texas, for example, has a proposal for three launch sites and already has a manufacturing site; California is chockablock; and suggested looking at Utah and West Virginia compared to the State of Florida. He stated the competition is real and stiff; one of the reasons competition is growing is that the spaceport in Florida does not lend itself to small commercial payloads, nor private space; and launch providers can go other places and encounter a more user friendly launch range than there is in Florida. He stated the range in Florida is dominated by the Air Force and the Department of Defense; the rules and regulations under which the Air Force has to play do not lend themselves to commercial or small launch payloads; so it is in the best interest of Florida that at some point in the future it develop a commercial spaceport. He stated they just saw a commercial spaceport licensed in California; that is where they just
launched the first private spaceship into space; commercial launch spaceports are popping up all over the country; and displayed a slide showing one concept of a commercial spaceport. He displayed a slide showing the southern tip of Cape Canaveral Air Station; stated at one point they were under the impression that the Air Force was going to abandon the area on the southern part of the Cape; and if that was the case, the Florida Space Authority was proposing to take it over and develop it as a commercial spaceport. He stated that may or may not happen; but what they need to do is scope out just where such a spaceport might be located, if it is feasible, whether they want to do it, and is it worthwhile; and they cannot invest that kind of capital in a spaceport if it is not a good idea. He stated what they are asking for is for all Brevard County constituents to participate in a study that will determine the feasibility of building a commercial spaceport; and they would like to contract with an independent, reputable study organization to do a study that will do three things: (1) focus on the feasibility of creating a new spaceport to support small commercial vehicles, (2) focus on the market for orbital and sub-orbital launches over the next ten years, and (3) estimate the impact of such a facility on the Florida economy. Captain Scott stated the estimate for the study is $134,500, which has been refined to $130,000; Florida Space Authority will contribute half of that; and he is asking the Brevard County partners to contribute the other half. He stated they have spoken with the local EDC, TRDA, and the City Councils of Cape Canaveral and Rockledge; they have appointments to speak with the City Councils of Titusville and Cocoa Beach; and they are scheduled to talk with Enterprise Florida. He requested the Board support this cause to the tune of $40,000.

Commissioner Carlson inquired if Florida Spaceport Authority is looking for the remainder of the $130,000 from other cities as well as the County or are there any private sector prospects. Captain Scott stated they intend to approach the private sector prospects; but they are looking mostly for County and city participants. He stated they have not gone to the typical launch providers such as Boeing and Lockheed Martin; this is out of their bailiwick as they are into large launch business; and this is not concerned with that. He stated the biggest growth in space business over the next ten years is going to be small commercial payloads and private space; and if they are going to accommodate that, they need a commercial spaceport. He stated Boeing and Lockheed Martin are easily accommodated on Cape Canaveral; so they are low on the list to approach as participants. Commissioner Carlson stated the Agenda Report says that Florida Space Authority is working with the EDC; and the Board provided the EDC with $145,000 for space. Commissioner Scarborough stated the Board cannot go there for this one; one hand there is the space program, which involves 10,000 jobs and the whole manned space program; but Captain Scott is talking about very small educational type launches. He stated Captain Scott is not going to hire 10,000 people; it is nothing like that; and the Board cannot dip into the $145,000 for this. Commissioner Carlson stated she was just wondering about the integration of the two; with Commissioner Scarborough responding there is none. Commissioner Scarborough stated he had a conversation with Senator Bill Posey who said Brevard County could lose this to Homestead Air Force Base as it is something that can be put in an FAA-type activity as opposed to the deep exploration of space. He stated he had a number of conversations with Captain Scott, and he is interested in the project; but he is not going to be able to vote on this today. He stated there are some things he needs to speak to Captain Scott about; and it would probably be best to have a meeting, so he will not encourage the Board to take action today.

Commissioner Voltz stated she is not sure the Board needs to make a decision today; and she is not sure she is not going to support it or otherwise even though it is good. She inquired if there is $130,000 left in Contingency; with Interim County Manager Peggy Busacca responding there is $190,000 out of $320,000 the Board started with this morning. Commissioner Voltz stated there is almost a whole year to go; and at this point the Board needs to be very careful in not outspending what it has, so she will probably not support it financially, although she does support the project.

Commissioner Scarborough stated a lot of effort has gone into the research park; FSA is a key player in that; and when Captain Scott comes back, he would like to get a PowerPoint presentation on that as well because it is a key question to the community. He stated in terms of jobs and the economy, it has a far greater impact on the diversity of the community and even reaches into some of the things they are trying to get the lobbyists involved in; and if Captain Scott could include that, it would be wonderful. Captain Scott stated he would be happy to do that; the research park is a good thing and will support what is done in the national and international space programs; but where the County stands to lose out is not so much on that end as on the small commercial payloads. Commissioner Scarborough stated he is not trying to relate the two; but Captain Scott is a key player in that; and he would like to see how it is coming together because there are some things the community would benefit from knowing. Captain Scott reiterated he would be happy to come back and talk about it.

Chairman Pritchard stated when Captain Scott came to see him, he said this is an area of significance and that the Board needs to address it in public because it is transitioning from one form of space to another. He stated what is being proposed is an excellent endeavor because Captain Scott is proposing to bring other entities on board. He stated he would be most interested in hearing who comes on board and for how much; the Board supports the EDC with a significant amount of money and it is also supported by the community; so he would be interested in seeing the EDC contribution as well as some of the other players. He stated they all recognize that they want to stay in the forefront of the space industry and that FSA is attempting to make sure they continue to do that; and he appreciates Captain Scott coming to the Board today.

Commissioner Carlson inquired if this is being tabled for a decision; with Commissioner Scarborough responding it does not need to be tabled as it is just a personal appearance. Chairman Pritchard stated Captain Scott will be coming back with additional information at a later date.

PUBLIC HEARING, RE: ORDINANCE CREATING INDIAN RIVER ISLES MAINTENANCE
DREDGING MUNICIPAL SERVICE BENEFIT UNIT

Chairman Pritchard called for the public hearing to consider an ordinance creating Indian River Isles Maintenance Dredging Municipal Service Benefit Unit.

There being no comments or objections, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to adopt an Ordinance of Brevard County, Florida; creating the Indian River Isles Maintenance Dredging Municipal Service Benefit Unit; incorporating the terms and provisions of Chapter 98, Article II, Code of Ordinances of Brevard County Florida, entitled “Municipal Service Benefit Unit”, to authorize the acquisition and construction of certain capital improvements within such improvement area and the imposition of non ad valorem assessments within such improvement area; and providing an effective date. Motion carried and ordered unanimously.

LEGISLATIVE INTENT, RE: AMENDMENT TO SECTIONS 62-3666 AND 62-3668,
BULKHEADS IN MAN-MADE CANALS

Interim County Manager Peggy Busacca stated the Board previously asked staff to put together standards for bulkheads on man-made canals; they currently are not permitted; staff has met with a number of interest groups including marine contractors, Transportation Engineering, and citizens; and staff has come to the option that the design as the Board sees it could be one staff could recommend.

Chairman Pritchard stated a card was submitted by Charles Rupp recommending the Board pass the proposed amendments.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize advertising a public hearing to consider a proposed ordinance amending Sections 62-3666 and 62-3668 pertaining to bulkheads on manmade canals. Motion carried and ordered unanimously.

AGREEMENT WITH WUESTHOFF MEMORIAL HOSPITAL, INC., RE: MAINTENANCE OF
HOSPITAL SIGNAGE

Commissioner Carlson stated she asked that this item be postponed the last time it was before the Board; it would have to go through Florida Department of Transportation approval; based on her discussions with staff, it would not be a very positive commentary from the Board, given the safety concerns; and if that is the case, she is not sure the Board wants to do anything with it.

Chairman Pritchard inquired about safety concerns; with Commissioner Carlson responding it was the placement of the sign. Commissioner Carlson advised Wuesthoff is looking for a lit sign on the new light poles at intersections instead of the signs, which are prior to the intersections. She stated if they are within a two-mile radius of a hospital, there is a sign for that particular hospital; and that is the way they work on the road system.

Transportation Engineering Director John Denninghoff stated in this particular case, the sign system is intended to provide direction to travelers, primarily on the Interstate highway system, to the hospital in the event they have some sort of emergency. He advised in this case they would be coming from I-95 on US 192 to Wickham Road and then north to the Wuesthoff Hospital facility; that would be the nearest hospital from that point on I-95; and the concern is that this is a departure from the normal signage methods that are utilized. Mr. Denninghoff stated it is clearly going to be more visible than the existing signage system; he is not aware of any other sign system that is utilized this way any place in the country; this is an unprecedented application; and there are concerns about it. He stated they do not find any standards or any counterindication to doing it; so it is a new uncharted territory as far as the traffic signalization industry is concerned. He stated staff has a few concerns; but there is no doubt it would be a more visible method to let people know how to get to the hospital. Commissioner Carlson stated her concern was the distraction it is, even though the Board wants to let people know where the hospitals are; and inquired if the sign requires FDOT approval since it is to be placed on an FDOT-approved roadway. Mr. Denninghoff stated that is correct; FDOT has approved the use and application subject to the maintaining agency, in this case the County, agreeing to
accept maintenance responsibility. He stated the hospital has offered to pay for the cost of that; however, it would require man-hours from existing staff so they would have to divert their time from something else they would have done that would have been a level of service providing activity.

Commissioner Voltz stated this is much to do about nothing; if someone is coming down US 192, he or she has to make a left-hand turn on Wickham Road; the hospital sign is on the right-hand side; and it causes a major problem. She stated if FDOT has approved it, the Board should not be fighting the local hospital. Commissioner Carlson stated it still requires FDOT approval; with Commissioner Voltz responding they already got that approval. Mr. Denninghoff stated FDOT has approved the use subject to the County accepting the maintenance responsibility. Commissioner Voltz stated she does not think that is such a big deal; it is important that people coming off the Interstate are able to get where they need to go in a hurry; and to have the sign should not be a major issue with the Board for the safety of the citizens.

Commissioner Colon stated she agrees; even though it is uncharted territory; there is nothing wrong with it; and the Board just needs to make sure that the hospital pays for everything. She stated there are other hospitals; Wuesthoff is not the only one; and the Board should also take that into account, even though they have not come forward. She stated it is positive when someone is coming from I-95 trying to find a hospital to have the sign; and it is good for the County’s citizens as well.

Chairman Pritchard stated he agrees; he thinks having a lighted sign on a mast arm is important; a lot of people from out of town do require directions to a hospital; and that is no time to try to find directions by looking on a map. He stated he has been in communities that had lighted “H” signs, but he cannot remember if they were on mast arms or on the side of the road; and advised of his difficulty in finding the hospital in Jacksonville once he got to street level, even though he could see it from the Interstate. He stated anything they can do to provide direction is in the best interest of the public.

Commissioner Carlson requested the motion include that all costs from County employees are covered in any contract with the hospital. Commissioner Voltz stated they have agreed to do that and it is not a problem.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to execute Agreement with Wuesthoff Memorial Hospital, Inc. for maintenance of lighted “H” sign on the mast arm at the intersection of US 192 and Wickham Road. Motion carried and ordered unanimously.

The meeting recessed at 11:30 a.m. and reconvened at 1:05 p.m.

APPROVAL, RE: LOBBYIST VISIT TO COUNTY FOR DISCUSSION OF MAJOR ISSUES

Commissioner Scarborough stated the Board hired a lobbyist this morning; and it deferred any trips to the County by the lobbyist until there is a contract. He stated it has been brought to his attention that some of the issues with NASA are coming together immediately; and it would be good to get that briefing as soon as possible.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to request lobbyist John Thrasher come to the County in the very near future to discuss matters related to NASA and the EDC, and to meet with each Commissioner. Motion carried and ordered unanimously.

REJECT SETTLEMENT AGREEMENT, RE: CITY OF COCOA

County Attorney Scott Knox stated the Board needs to take action on the Executive session item concerning the proposed settlement agreement with the City of Cocoa.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to reject the proposed settlement agreement with the City of Cocoa. Motion carried and ordered unanimously.

Commissioner Scarborough stated a lot of people will be interested in what was rejected; he has been advised that is public record; and each Commissioner will have copies of that.

Chairman Pritchard stated the Board had a mediation session; the results of the mediation was presented to the Board; and the Board still did not find it acceptable, so it was rejected. He stated that does not mean that Mr. Knox cannot go back and have further discussions; but it means that what was produced the other day was not acceptable to the Board.

KIRBY GREEN, ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE:
PRESENTATION ON THE STATUS OF DESALINIZATION PROJECTS AND WELL
PLUGGING

Kirby Green, St. Johns River Water Management District, stated he would like to start with the artesian well plugging program; in the early 1950’s the Legislature declared that well plugging of artesian systems should be a priority for the State of Florida; and that was done for a number of reasons. He stated one reason is that it was wasteful to water supply; the free-flowing wells allowed water to be discharged from the wells and did not keep it for supply in the future; so they were asked to do that. He stated there was also concern about upward migration of saline water in those systems over time that would pollute the drinking water aquifer; and so the State program decided to start addressing artesian well systems to make sure they were controlled from flow and those that were abandoned were capped so that they would not free flow and to protect the water supply from degradation. He displayed a map showing an inventory of the wells over time; stated Brevard County had 155 flowing wells in 1959; and in 1977 when the U.S. Geologic Survey did an inventory of wells, almost 3,000 wells were artesian in nature and
needed some level of protection. Mr. Green stated the St. Johns River Water Management District, in compliance with State law, started a well plugging program in the early 1980’s; it was a cost share program with local governments; they worked cooperatively with the landowners; and it emphasized the need to do this cooperatively and not in court. He stated he was asked this morning if they had ever taken anyone to court on this issue; and with the exception of one person, not in this County, they have never had to go to court over the issue. He stated they had consent orders that had to be signed with owners; sometimes is has taken a long time to get through the process; but it is mandated that those wells be plugged or controlled with some type of valve system.

Chairman Pritchard stated this is the type of presentation that would be better served if the Board interacted as an issue comes up instead of waiting until the end. He requested Mr. Green describe an artesian well; with Mr. Green responding an artesian well is a well structure that has been drilled down into the aquifer where the pressure in the aquifer pushes the level of the water in the pipe above the water level in the aquifer; and another type is the free-flowing where the pressure that is acted upon by the water in the column is higher than the surface of the land and it free-flows out to the surface. He stated it is possible to have an artesian well that does not free flow to the surface, but has enough upward movement so that if it is not a well constructed well casing, it will pollute the surficial aquifer and not make it all the way to the surface; and that is why both the identification of artesian systems that are free flowing and flow above the surface of the water and those that just rise in the pipe above the height of the aquifer are important because there is the possibility that even though it does not flow all the way to the surface that it is flowing high enough in the geologic structure to cause pollution of the aquifer above that.

Commissioner Voltz stated Mr. Green said there were 3,000 wells; and inquired how did they get there. Mr. Green responded people drilled them; this is from the turn of the century forward; people drilled them because they needed access to water; they needed agricultural irrigation; and there are any number of reasons for them to have placed the well in the aquifer and over time it was abandoned or became unusable. Commissioner Voltz inquired if some of those wells have caused wetlands over a period of time; with Mr. Green responding that is a possibility.

Commissioner Carlson stated Mr. Green mentioned a suit outside of the County; and inquired what was the end result of the suit; with Mr. Green responding the suit has been ongoing for over 20 years. He stated the gentleman drilled two wells, a 14-inch well and a 24-inch well; they were free-flowing to augment water out of a creek to support a swimming area; and over time one of the wells completely disintegrated and the upward pressure of the water increased the size of the well until it is almost five feet in diameter. He stated they have been in court over time to get those plugged to save that water for drinking water. Commissioner Carlson inquired is the argument who owns the water or the property rights of the owner, and what is the argument that has caused this to be in court for over 20 years. Mr. Green stated it is a big issue; they have been to court a number of times with the gentleman, and have judgments against him. He stated it started out with the gentleman thinking he did not need to get a permit to have the wells; but the court said he did need permits, and ordered him to get the permits. He stated when he got into the permit process, the gentleman took them to hearing over the conditions in the permit; that took three years to settle; and it just went on and on. Commissioner Carlson inquired if Mr. Green sees a point in the foreseeable future when the policy or law will be changing for the benefit of all in terms of the water sources, whether free-flowing or something in between, so they can be legally cut off without having to go to court, or does he see it never occurring. She stated water is a fragile resource in the State; and inquired what is the District going to do about that and is there any legislation that can help. Mr. Green responded none of the Districts are looking for legislation that authorizes going onto private property without the approval of the property owner to do this activity; what they have found is that with the District participating in the cost sharing of the capping of the wells, in most instances, that has been adequate to get them on the property; so they have moved to those that they could voluntarily move through, and put off the end decision of what to do with those where the owners do not want the District to be involved in their property. He stated the Board can understand the property rights issue and some of the thinking that they need to protect the property rights; and they have not done anything legislatively or proposed legislation that would change the current state of the law. Commissioner Carlson inquired if it is true that the aquifer allows the provision of water for hundreds of thousands of people and is the property of the State; with Mr. Green responding it is true that the water is owned by the public in trust. Mr. Green stated an individual owner of property, in the case of the St. Johns River Water Management District, who has a well larger than six inches in size or that pumps more than 100,000 gallons of water a day has to have a permit from the District to use the water and there is a test they have to go through. He stated it is a three-pronged test; it has to be beneficial use; it cannot interfere with the other existing users; and it has to be in the public interest. He stated in 1972 the Legislature passed the Water Resources Act, which required people to get permits for those wells; and the case he was talking about came out of that requirement and the person not moving forward with a consumptive use permit. He stated there are laws that help get that under control, but they do not necessarily get them on the property to plug a well.

Chairman Pritchard stated that is the part he finds ironic; there is a public property in that the water is owned by the public; a 24-inch well that is free-flowing of millions of gallons of water, creates a void, promotes salt water intrusion, and can create limestone caverns and sinkholes; but it is not possible to go and plug the well, which does not make any sense. Mr. Green stated in this case the wells existed prior to the requirement in the law. Chairman Pritchard stated if the flow from the well is creating other problems, it seems silly that it cannot be plugged to stop the problem. He stated if the use for the water is not for the public good, he does not see why there would be that problem; and he is an advocate for property rights; but he also believes that when there is a public property like water, that someone cannot be allowed to let it flow out and create other problems just because they own the land. Mr. Green stated the judge agrees with Chairman Pritchard that it ought to be plugged; and now it is getting the individual back before the judge to show he is in contempt so it can move forward; but that is the process they have to use. He stated the objectives of the program are to conserve water, protect water supply from contamination, to seek local government participation, and hydrologic data collection that goes along with the capping of the wells. Mr. Green stated the District has a long-term relationship with Brevard County; they have plugged over 2,000 wells in cooperation with the local governments; and in Brevard County, they have plugged 680 wells, with the District and the County cost-sharing the plugging. He stated there is currently a backlog of 53 wells that are under investigation for closing; seven of those are ready for closing now; and they think they will add two additional wells per month that will be eligible for capping as they move forward through the program. He displayed a map showing the location of some of the wells that the County and District cost-shared in closing in the 1995-2005 time period; stated in the current year they have $30,000 set aside for the program in Brevard County; and if the County wants to move forward with some more wells, there is an additional $10,000 that could be matched up for a total of $50,000 over the year to meet the need.

Commissioner Voltz stated it seems to be a lot of money to plug a well; and requested Mr. Green explain the process. Mr. Green stated he is not a professional well driller so does not know all the details, but typically what happens is someone will put a steel casing in, over time it will rust because of salt water intrusion or other interactions with chemicals in the ground, and it will disintegrate. He stated as they go to cap the well, they have to dig down around it, drill it again, and then put concrete around it to fill it up; at the surface they have to put a cap on it, which is either a piece of pipe with a cap or if there is intent to use if over time, they put a valve on it; and that stops the free-flowing nature of it. He stated it can be quite extensive depending on the size and depth of the well. Commissioner Voltz stated if it is free-flowing they must be working in water and have a way to get rid of the water in order to find the pipe.

Mr. Green stated in the coming year in the proposed budget, they will have approximately $60,000 for the Brevard County program, if the County chooses to move forward with that; it will be $30,000 apiece; and the average across the year from the 1980’s to 2002 is at the $50,000 level, $25,000 from the County and $25,000 from the District to meet those needs. He stated that is where they are in that program; it points out the problem that Commissioner Carlson identified; getting agreements with local owners to get on the property takes time; and they have a priority list which ones are flowing the most. He stated they work with County staff and get with the property owners to get authority to get on the property and do the work, and then move forward.

Commissioner Voltz inquired how they identify where the wells are, since they are on private property. Mr. Green stated anecdotally, people know about them; property owners come forward and let the District know where they are; the USGS did an extensive inventory in the late 1970’s to help identify them; and most of them were with latitude and longitude from quad sheets so they have a general location.

Mr. Green stated the District stands ready to continue the program; it is an important program; taking the wells that were capped, with the County’s assistance in the last two years, they have restored to the aquifer over ten million gallons of water a day as potential for use for public purposes; and they think the pressure in the aquifer helps with salt water intrusion.

Chairman Pritchard inquired why is it that the property owner is not responsible for capping the well; with Mr. Green responding it is expensive. Mr. Green stated there is a public good associated with capping; and where the District cannot get owners to do it on their own, it steps in and helps because there is a public good.

Mr. Green stated he was asked to talk briefly about desalinization; as most of the Board knows, in the last couple of years, the District has said it is running out of cheap water; and they are no longer going to be able to rely on groundwater sources, which provide most of the drinking water. He stated they are not going to be able to increase the amount of withdrawal from that source to meet future growth needs; and they are beginning to move to alternative sources. He stated they are not running out of water, but they are running out of cheap water; and as they move to surface water and eventually desalinization, they will have to increase the cost of water because of the associated processing costs. He stated over the past couple of years, they have started to identify what the other sources may be and how they can help do some of the technical work necessary to move forward in the process. He stated they have identified that with growth in the future, there will be problems meeting demand for water unless they start to move to the alternative sources; one of the sources that was identified was desalinization; and it makes sense to collocate desalinization plants with power plants that use once-through cooling water, which means they are using water from the aquifer or from the bay or lagoon to cool their systems, and then discharging that water back into the lagoon. He stated if they can mix the concentrate from a desalinization plant with the once-through cooling water, they can dilute the saline nature closer to what the lagoon naturally has and make it a legitimate disposal technique. He stated the first thing they did was look at power plants in the District to see if there were any that lent themselves to the desalinization process as a collocation activity at their sites; and in Brevard County, there were two that were identified of a total of five that were identified in the District. He stated the two plants in Brevard County are the Indian River Power Plant and the Cape Canaveral Power Plant; they went through an extensive set of public hearings and public discussion over the identification of those plants; and the next step is to look at the lagoon ecosystem and see if it is capable of receiving concentrate from a desalinization plant. He stated they have identified that they need to do some concentrate studies; they are in those now; because of the slow flushing nature of the upper portion of the lagoon, there is not a lot of circulation; and if they start to introduce a lot of saline concentrate into that environment, there is a potential for environmental harm. He stated they cannot do that; they could not get through the permit process; and there is no need to spend time moving in the direction of using a desalinization plant in the lagoon if they cannot give some assurance that they will be able to manage the concentrate disposal issue in a reasonable manner. He stated they have undertaken a concentrate disposal management study to look at what the concentrations would be coming out of the system, what those concentrations would do to the lagoon system, how it would circulate, and how they would have to manage that to be able to move forward with that system. He stated the Board probably heard a lot of conversation about desalinization in the lagoon; it is at a very early stage; they have identified a couple of possible locations; and now they are looking at disposal management of the concentrates that would come from that system to see if it is possible to move forward with desalinization within that system.

Commissioner Colon inquired in regard to the danger to the environment, are they looking at just this area or at the entire State. Mr. Green responded in the St. Johns River Water Management District, they have identified five possible sites; the other three are in a more flushing area and could probably meet the concentrate standards; and it is not as big an issue as it is in the lagoon. He stated the northern end of the lagoon is a closed system; it is a major concern over how they could manage the concentrate disposal and its possible impacts in that area; but they are undertaking a review at the other locations and other Water Management Districts are looking as well. He stated the most visible example of this issue and the way it worked out is in the Tampa Bay area where they are in the process of getting a 25 million gallon a day desalinization plant from the estuary area, collocated with the power plant in that area; but a major topic of legal action was the effect of the concentrate disposal in the bay and its effect on the environment. Commissioner Colon stated her concern is once the damage is done, it is hard to try to come back; and inquired who is doing the study. Mr. Green stated they have hired Applied Technology and Management out of Gainesville.

Commissioner Carlson inquired if there are any plants that deal with strictly ocean water instead of the bays or estuaries; with Mr. Green responding no. Commissioner Carlson stated they are all attached to estuarial systems or things of that nature, which are all like the lagoon, brackish in nature, needing a level of salinity to allow for plant growth and the creatures that live there. Mr. Green stated it is a much lower salinity than the open ocean water; and that is a concern because they cannot over-salinate the lagoon system or it will change the ecosystem completely.

Chairman Pritchard inquired if the reason for plant location would be to tie it in with the power plant, which would have a warmer effluent because it is easier to desalinate warmer water. Mr. Green responded there is that component; but the purpose of collocating with a power plant is to dilute the concentrate as it comes out of the plant so it better meets the surrounding environment. Chairman Pritchard inquired if the discharge would help dilution; with Mr. Green responding yes. Chairman Pritchard inquired if there is a commercial application for the concentrate; with Mr. Green responding not that he knows of, and it has been looked at in other plants.

Glenn Forrest advised it is an extensively studied subject; a huge amount of salt is created in the process; and even the studies that find some use for it find it may not be economical because there is not a market for such huge amounts. He stated it is a subject that continues to draw a lot of attention. Chairman Pritchard stated Mr. Forrest says there is not a market for it, but swimming pools use sodium chloride, and now there is a move to use salt as the activator to produce calcium chloride. He stated it results in a cleaner pool because residue is non-existent; and it would seem if residential pools are moving toward this and they could get more commercial pools online doing away with liquid chlorine and using salt as the purifier, they could develop a commercial application for the brine. Mr. Forrest stated the potential is there; but the economics and technology may be lagging behind.

Mr. Green stated another alternative source they have identified is the Taylor Creek Reservoir, which is a surface water project that the City of Cocoa is using to augment its public supply; and it looks like a series of local governments are going to agree to move to the next step of study on the development of at least 25 million gallons of additional drinking water from the Taylor Creek Reservoir. He stated Orange County, the Cities of Orlando, Titusville, and Cocoa, and Brevard County have agreed to participate in those studies. He stated what they are trying to let everyone know is that even though there is some concern over drinking water for future need, there is enough water in the State to meet the supply needs, but it may be more expensive; and they can meet the need at a reasonable rate if they plan for it in enough time to move forward.

Chairman Pritchard inquired about reverse osmosis instead of desalinization. Mr. Green stated it is a subset of that technology; reverse osmosis is just a membrane technology that achieved that goal; and there is still the concentrate issue. He stated it is an intensive power issue because it is necessary to put the water through the membranes under fairly high pressure; and there is still a disposal issue. He stated the concentrate disposal issue is a bright line issue; and if they cannot get beyond that, they cannot move to what technology they are going to use. He stated as they start developing that source, one of the first things they do is a facilities study; they will look at the source water to determine which is the best way to demineralize it; and it may be reverse osmosis, a condensation technique, another technique, or a combination. He stated it all depends on the source water and what is most economical as they go through the analysis.

Commissioner Scarborough stated Mr. Kerr provided a number before that he had not heard; there is a differentiation between drawing groundwater at eighteen cents and going to desalinization at $5; and that is an enormous change in the cost of water. He stated the cost factors are something the Board needs to get into; he has been asking questions for the environmental community more than the cost factors; but they need to be careful of the ability to take the St. Johns factors in keeping the prices low. He stated if they rely on power plants to produce and there is some horrific event, salinity levels could get to the point where there is an incapacity to produce and factors could drive prices way beyond what has been imagined; the danger is that they are pumping that brine back into a very shallow lagoon that does not move a lot; and in addition to the environmental concerns, the public needs to be reassured that there is not a potential for price escalations that would make people want to commit the elected officials to Chattahoochee in the future. Mr. Green stated they are talking about the next incremental increase in water needs; they will always have a base level of water that they can get from groundwater; and they are talking about moving to the next increment with the other sources. Commissioner Scarborough stated there is a Water Supply Board; and he hears the economics of utilization and thresholds on the plant size to make it economically viable. He stated there are some economic factors and some of the issues are more than just what the environment can hold; and there is another curve coming up, which is that they have to hit certain thresholds to make it economically viable or there could be cost escalations. He stated there could be environmental things and when the curve hits, it will level in the future, and confine the economics and drive prices; and they want to know those numbers as well from the study. Mr. Green stated it is a matter of skill; that is why they think it makes sense to regionalize the next sources so no individual utility or community is faced with all of the economic cost of the development of that. He stated the bigger the plant, the more the economics drive it. Commissioner Scarborough stated the size of the plant is driven by the capacity of the lagoon to take the brine, so the environmental issue becomes an economic issue; and that is the other component that seems to drive more questions on the part of the actual plant manager as opposed to the environmentalists. Mr. Green stated that issue is on the table in the discussions.

Commissioner Carlson stated the District is trying to educate the public not to water their grass at certain times, but many people are on automatic irrigation systems and do not seem to have any control over that because they are not paying attention; and inquired how can that be addressed before going to the more costly setup such as a desalinization plant. She inquired if they are going to say people cannot water their lawns any more before going to a desalinization plant, which would be exorbitant in cost and hit the public’s pocketbooks such that the average person would not be able to water their lawn. Mr. Green responded he doubts there will ever be an absolute prohibition against irrigation of lawns or outside uses of water; 59% of the per capita consumption of water these days is in-home; approximately 50% is outside the home such as irrigation or cleaning the car; and they can do a lot of water conservation but it will not get them all the way there. He stated it would extend out the period to when they will have to make that investment; the District is in an extensive education process; they are coming out of a water shortage; and the order that requires no more than two day a week watering is in place. He stated a lot of communities have asked them not to take that order off until there is a rule in place to allow them to establish the two-day policy; right now they are going through revision of the water use rules; and they are getting ready for an extensive education process this spring so this summer they can start enforcing through local governments and their efforts to control consumption in their areas. He stated the people are going to have to make the decision to build the next plant; it is not the District’s decision; but the District can help plan for it. He stated water conservation is a joint effort between the local government, the local utility, and the District.

Chairman Pritchard stated Mr. Green started off by saying we are not running out of water, but we are running out of cheap water; currently it is approximately $1.75 for 1,000 gallons of water; and for desal water, it would be approximately $4 per 1,000 gallons. Mr. Green stated right now the average around the District for groundwater is approximately $1.25 per 1,000 gallons; if they move to a surface water plant like the Taylor Creek Plant, that cost will probably go up to approximately $2.50 per 1,000 gallons; and if they move to desalinization, it will probably be in the $4 to $5 range. Chairman Pritchard stated people sometimes tend to misuse something because it is plentiful and cheap; and at $1.75 for 1,000 gallons of water, the average household uses approximately 110 gallons a day. Mr. Green advised most utilities look at a base rate of approximately 6,000 to 7,000 gallons per month, per household. Chairman Pritchard advised 6,000 to 7,000 gallons is approximately $12; he is not advocating raising rates; however, he is saying that if the rates were higher, people would use less. Mr. Green advised as people move through the process to get new consumptive use permits, one of the things the District looks at is the per capita use and if it appears the use is out of alignment with the average in the area; they require the utility to do a conservation rate structure, which is a tiered system; and the more water people use, the more they pay for it. Mr. Green stated they have found that is a good tool to help people conserve water; when people start getting bills for $150 to $200, or in some cases as high as $2,000 a month for their water, they start to think about their use patterns; and it makes a difference. Chairman Pritchard commented if he got a bill for $2,000, people would be visiting him in Chattahoochee. Mr. Green stated one thing the District has done is to look at rates and when it would be necessary to infuse money into the process versus a utility taking incremental steps to meet the needs; they use Burton and Associates out of Jacksonville to do the studies; and what they have shown is that if the utility knows ten years out that it has to have an alternative water source or higher development in its plant, it can meet the cost needs by incrementally increasing rates over time at 2% to 3% per year, which is called indexing the rates; and in that way, when they get out to the tenth year when they need the water, those capital funds are available, so it is not a large ticket issue at that time. He stated that means that the Board, as the local official, has to agree to the incremental utility increase over time to get it there; but if not, then the Board would be looking at the District, the State, or some other way to capitalize the project in the out years; and the District will be glad to provide that if the Board needs it over time.

Doug Sphar stated as a long-time resident of the County and owner of property on the St. Johns River at Lake Poinsett, he is very interested in water issues as they affect Central Florida; he is also on the Citizens Ad Hoc Advisory Committee for the desalinization study; and he has attended the presentations and read the technical reports in association with that. He stated he is very concerned about how a desalinization plant could affect the health of the Indian River Lagoon; the proposed plant would discharge high saline mineralization concentrate into the Lagoon; and inquired if the discharge would affect the health of the Lagoon. He stated much of the plant and animal life in the Lagoon is adapted to a limited range of salinity; if the water becomes too fresh or too saline, the organisms will be stressed and may perish; and the big question is whether the natural dynamics of the Lagoon provide adequate blending of the concentrated discharge so that areas of hypersalinity will not form. He stated Mr. Forrest’s team proposes to answer this question through a sophisticated computer simulation of the dynamics of the Lagoon as influenced by various factors such as wind, rainfall, tide, temperature, season, and the physical configuration of the Lagoon; they used an existing three dimensional hydrodynamic model of the Lagoon; a committee of experts has looked at the model; and it needs some modifications to make it applicable for the study. He suggested the modifications be incorporated before the study proceeds; stated the Lagoon is too valuable for expediency shortcuts to be rationalized; and it is also imperative that saline concentration and other parameters such as temperature be measured at sufficient locations in that area of the Lagoon to provide a robust calibration for the model. He stated all simulation results must be validated through vigorous review by a panel of independent experts; and there must be no doubt that hypersalinity will not occur as a result of the desalinization plant. He commented on simulations; stated he has been on review boards for rockets that went haywire on test flights and crashed; and even though there were simulations and models by the designers, something was missed, so there is always some element of uncertainty when there is a computer simulation. Mr. Sphar stated another concern is the District is authorized to increase surface water withdrawals from Taylor Creek Reservoir west of Cocoa; the reservoir is upstream from Tosohatchee State Reserve; the Taylor Creek drainage through Tosohatchee is a unique and beautiful wetland that features rare species such as the hand fern, which is the signature plant of the Reserve; and he is concerned that consumption of the reservoir could be increased to the point that Tosohatchee would be starved of water, to the great detriment of that special place. He requested, when consumption is considered, they keep sufficient discharge from the reservoir to keep Tosohatchee a healthy place.

Maureen Rupe, President of the Partnership for a Sustainable Future and Natural Resources Chair for League of Women Voters, stated she is also a member of the Ad Hoc Committee of the St. Johns Management District looking at the desal project, but is not speaking for that group. She stated she wants to put forward some concerns they have that hopefully will be answered in phase 2; for each gallon of water extracted from the Indian River, one gallon of water must be returned with twice the concentrate of salt and minerals; at this point the power plants have been approached but have not committed to this project; and it is somewhat alarming that approximately $400,000 in tax dollars is being spent on the study without any commitment from the power plants. She stated the water area around the plants is non-tidal and 57 miles from the open ocean; and the concern is that large volumes of salt and minerals returned to the river would not disperse. She stated although the increased rainfall total since 1995 has decreased overall Indian River Lagoon salinity and desalinization discharge could increase the health of the Lagoon, if there is another long period of time with approximately 48 inches per year of rainfall, as recorded through 1995, the increased salinity levels from the desalinization discharge could increase overall salinity well over the 35 parts per million recorded in the 1990-1995 timeframe; and inquired if salinity levels increase too dramatically through a certain time period, would there be an identified threshold point to halt the desalinization process. She inquired since the projected cost recovery is 20 years, why are they building desalinization plants at power plants that are already 40 to 50 years old; and would it be a better long-term solution to work with FP&L to build a new power plant and desalinization plant at Port Canaveral so that the discharge would go into the ocean instead of possibly impacting the Indian River. She stated the charru mussel has been found in the northern part of the Indian River Lagoon near Kennedy Space Center; and there are serious concerns about its eventual impact. She stated not only could the mussel harm tarpon, redfish, and snook populations, but the South American shellfish also clogged power plant intakes in Jacksonville in 1986 and reeked havoc on clam and oyster populations. She stated a similar mussel clogged desalinization filters in Tampa, bankrupting two companies trying to fix the problems; and it is still estimated it will take an additional $24 million for the plant to work as originally proposed. She stated the site says the cost of producing drinking water would still only be $2.52 per 1,000 gallons, although operation of the plant is sporadic at best. She stated it is also difficult to understand that on the one hand the St. Johns River Water Management District is performing studies to determine damage to the desalinization plants on the Indian River Lagoon, which is already fouled by pollutants with marine wildlife afflicted with ulcers, viruses, and skin cancer and at the same time the U.S. Congress has approved a blueprint to spend approximately $1.2 billion to restore the Indian River Lagoon. Ms. Rupe stated in addition, the State has designated the Indian River Lagoon blueway project to remain in the Acquisition and Restoration Council’s Project System Group A for land acquisition; and coastal wetlands purchased through the Acquisition and Restoration Project System will help protect the Lagoon by providing flood protection and habitat for birds and animals, as well as filtering pollution and recharging the aquifer. She stated the Indian River Lagoon blueway project is critical to the County, the State, and the environment; according to the St. Johns River Water Management District, the Lagoon is already under stress from population growth approaching 50% during each decade; and higher concentrations of total nitrogen in the northern parts of the Lagoon, elevated levels of chlorophyll, and an increasing concern over the number of wildlife-related disease and mortality events in the Lagoon over the past several years are possibly a symptom of a wider scope problem of the overall health of the Lagoon system. She stated an investigation of even one desalinization plant, let alone two in close proximity near the center of the County, must be conducted slowly and be very thorough; and mistakes could have major impacts on the County’s tourism; oyster, shellfishing, and fishing industry; and the overall health of the Indian River Lagoon. She stated they cannot afford to make a mistake that will damage the Lagoon beyond repair. She stated she also has four pages of technical questions for Mr. Forrest.

Chairman Pritchard stated Ms. Rupe brought up a good point; if the electric plant is moved to the port, the tidal flow would be there; the water coming out may have a higher salinity so it might boost the cost in terms of desalinization; but it would also stop the barges and tugs from going through the barge canal, which would eliminate another problem. He stated it seems there would be many winners in that situation by having a huge new facility that could accommodate the Orlando and the Canaveral plants, built in Port Canaveral. Mr. Green stated there is no assurance that anybody is going to build a new power plant at that location; what they are trying to do is look into the future and determine where a possible alternative water source may come from to meet the inevitable need for the water; and at the current time, the best guess is the two existing plants will continue to be in operation, and they are trying to investigate whether or not those plants can be used in any way to help meet the need. He stated all the concerns the Board has heard from the citizens today are why they are doing the study; and they want to see if they can collocate a plant in those locations and not have those environmental issues, but meet the needs. He stated if they had a location on the coast where they could go directly to sea water and could collocate a plant, that makes sense; the disposal issues would be less; but at this time, they do not have an indication from the power industry that it is going to build a major new plant in this area that they can collocate with. He stated the next best choice is to try to evaluate what is there now and where they can move in the future; it would be irresponsible for the Water Management District to suggest to the water utility that desalinization may be an answer to future needs without providing some initial technical studies to help show that it is possible to carry out those activities; and the District would hate to push the utilities in a direction that was technically unfeasible. He stated all the comments the Board has heard so far are the target of what the studies are supposed to identify. Chairman Pritchard stated they are approximately 25 years out from building a desalinization plant. Mr. Green responded they looked out 20 years and though the area would need additional alternative water sources in that period; if the County does aggressive water conservation, it may extend that period out; and something like the Taylor Creek Reservoir gives the County another increment of time before it will need additional sources. He stated the time period for a desalinization plant may be 30 years; and it depends on how fast the County grows and how much water is conserved. Chairman Pritchard stated the reason he mentioned the timeframe is because FP&L or the Orlando Plant may be looking at some alternative method of providing electricity; their infrastructure may be at a point where it may require a huge amount of capital expenditure; demand on their systems may be such that they are having to buy power from other plants; and it may become more economically feasible for them to construct a facility, even a joint facility. He stated Orange County wanted to send a 52-inch pipe into the ocean for a desalinization plant it was going to construct; and if all the pieces are put together, they might end up with a much better facility that would eliminate a lot of current problems and be better for all parties involved. He stated the more water they take out of the ground, the more problems they are going to create with salt water intrusion, limestone caverns, etc.; and if the County can wean itself from that over the course of the next 20 or 30 years and go to a facility that is designed for the future, it will be a win-win situation for all. Mr. Green stated the County does not need to think about weaning itself completely from groundwater sources; those will continue to be a portion of the supply into the future; and those are sustainable sources. He stated there is a very prolific aquifer in the State; they can continue to draw water from that in the future; and he does not think there is a problem with that; but the additional need will require other sources. He stated in conjunction with any use of alternative water sources, whether water from the river, the Lagoon, or from the ocean, they have to do a minimum flow and level for the water body; and that is supposed to determine the amount of water needed to protect the natural system from impacts of water withdrawal. He stated as part of the consumptive use process, they cannot allow a local utility or another proposed water user to use water that would take the water body below the minimum flow and level; that is already in the Statutes; and is important in that it recognizes that part of the whole equation is the environment, and it is an insurance that there is enough water left in the environment to meet its needs as growth continues.

Chairman Pritchard stated he hopes Mr. Egan will speak about the degree of salinity and the effect on redfish propagation. He stated he does not think people realize how fragile the percentage is.

Jim Egan, Executive Director of the Marine Resources Council, stated he is also on the advisory committee for the project; and he has with him the comments of Dr. Grant Gilmore who is a foremost fish expert and also serves on the committee. He stated with the present population, there is enough water supply; what they are looking at is for future growth as far away as Orlando; there is no cheap water they will find; and no matter what course they take, they will end up with a significantly more expensive water supply, and the current residents will pay that bill. He stated they need to keep that in mind as they are doing growth management decisions; ultimately it is the current residents who will end up paying minimum four times and possibly as
much as ten times; and as demand goes up, the price of water will just keep getting steeper and steeper. Mr. Egan stated what they consider high water bills now will be laughable compared to what they will be paying for water in the future; and there is no way around it. He stated reverse osmosis was once a technology that only Saudi Arabia and some islands used because it was so costly; and the fact that Florida has to get involved with it when there is so much water around it tells how little of that water is fresh and how much is salt. He stated Dr. Grant Gilmore brought up a number of important points; the technical advisory committee is looking at those points specifically; and one is that this area has very little tidal effects and a long water retention. He stated sometimes it takes a drop of water landing in the areas to the north as much as a year to circulate with the ocean, so they have to live with the impacts they have. He stated siting between two causeways tremendously reduces the exchange in this area; there has been a documented decline in seagrass in the area that they are concerned about; and there are already high water temperatures in that there are power plants there that are using the water for cooling, and it is very shallow. He stated the combination of high water temperatures with the salinity changes could easily take the conditions outside of the tolerance limits, specifically for the larval small spotted sea trout; when salinity changes, scientists call it an osmotic pressure; and that means that fresh water and salt water cause very different effects on living things in terms of the membranes. He stated when people go swimming in the water, their fingers get shriveled up; that is actually water being pulled out from within the body into the surrounding water; the skin is serving as a membrane allowing water to pass one way or the other; and the percent of salt determines things like how much water is going to flow one way or the other. He stated the whole existence of creatures that live in the water, particularly the juveniles, depends upon those conditions remaining within the conditions they are used to; the area has always been relatively unflushed and isolated; there were never that many large inlets although there were small inlets that were opened up by hurricanes and things, so the area did not have a lot of exchange; and when they start altering it by a process that they did not have before, it brings into question whether it will knock these things out of their tolerance. He noted the comments are from Dr. Gilmore. He stated estuarine spawning of the spotted sea trout, red drum, black drum, silver perch, and weakfish has been documented in that area; because the spawning populations are more susceptible to osmotic stress caused by changes in salinity, Dr. Gilmore fears there is reason to worry about potentially completely eliminating the spawning populations; and he brings up the idea of the Atlantic Ocean being a much more likely place to deposit the effluent to preserve the temperature, salinity, and dynamics in terms of the Indian River Lagoon System. He stated Dr. Gilmore points out the Lagoon’s conditions evolved over the course of thousands of years; and to cause changes in a very short term sometimes is difficult to predict. He stated because of the Atlantic Ocean’s huge size and large circulatory patterns, they can potentially minimize the impacts; and Dr. Gilmore cautions that the Lagoon is very different than Tampa Bay, which has much greater circulation, so there is need to be careful in that area.

Chairman Pritchard stated he remembers a couple of briefings he attended with Mr. Egan where he talked about a percent where eggs will float and above that percentage, fertilization will not take place; and requested Mr. Egan explain that part. Mr. Egan advised the salinity in the ocean is 3.5% salt; the salinity in the Lagoon varies, but ideally should be between 2.0% salt and 3.5% salt; sometimes it is almost as salty as the ocean; but during droughts this portion of the Lagoon got saltier than the ocean, which is not a good thing. He stated in the case of salinity below 1.5%, the water becomes so thin that the density is less; if salt is added to a gallon of water, it has to weigh more; when there is 1.5% salt the density is the minimum necessary to allow eggs to float on the surface so they can be fertilized; and if the water gets fresher than that, the eggs cannot float and drop to the bottom of the Lagoon.

*County Attorney Scott Knox’s absence and Assistant County Attorney Christine Lepore’s presence were noted at this time.

Mr. Egan stated in this area, there have been slightly too fresh conditions; if they were talking about a very small scale plant that was going to slightly increase the salinity, they might potentially see benefits from it; but the area of concern they are looking at stretches as far west as parts of Orlando and well north of the County line. He stated the quantities necessary to make it economically feasible will mean huge plants; the amount of benefit they would get by increasing the salinity is minor compared to the fear of making the salinity overly high; and that is where a lot of the concerns are in terms of the study.

Michael Myjak, Vice President of Research and Development at the Virtual Workshop, stated it is a high technology concern involved in modeling and simulation research, education, and training; and the Board may be more familiar with the term virtual reality coined by Jaron Lanier, which is the sort of thing he does. He noted he is also former chair of the standards activity committee for the Simulation Interoperability Standards Organization (SISO), which is an international modeling and simulation organization; and the sole purpose is to standardize model processes and the acceptance criteria in models and simulation systems. He stated last year he was asked to participate on the ad hoc advisory group to oversee this project from the St. Johns River Water Management District; after a couple of meetings, he was asked to participate on the technical advisory group, which he agreed to do; and the technical advisory group met last December, at which time they were handed a completed report from the first part, the technical memorandum for the evaluation of potential impacts on the demineralization concentrate. He stated the report stated the proposed project would evaluate “the potential impacts of demineralization concentrate discharge, which will require quantification of the changes in salinity and other key parameters due to the operation of desalinization plants”; it is this articulation of the key parameters that he finds missing, such as heavy metal concentrates, soluble toxins that will be recirculated, and the long-term concentration of salts, pesticides, and fertilizers; and how these parameters are quantified, verified, and measured has to be one of the key successes of the model. He stated in November, the District contractors met and created a model expectations document, which should have articulated those parameters, but did not; and further, the model expectations document specifies species of concern, but did not address the most critical issues that the project must address, which is whether this will produce significant environmental damage to the Indian River Lagoon. He stated he asked Jim Gross, the program manager for the project, what he meant when he said significant environmental damage; and he could not provide an answer of what that means, which sent up a red flag. Mr. Myjak stated he said that any amount of waste disposal that will be discharged into the Lagoon will cause damage to the environment, but he could not quantify at what level it would become significant. He stated a model is only as good as its modeler; and to be able to answer the question of whether or not it meets or exceeds the needs of the intended goal requires much more effort than simple programmatic debugging. He stated not only does the simulation and its models need to be tested, but they must be technically verified, validated, and authenticated. He stated verification means that the model operates according to plan; and that is what has happened so far; however, validation is a higher level of standard, and determines how well a simulation’s representational capabilities suit a particular purpose. He stated authentication then takes that a step further and is meant to apply that the model is tested against a known system so the results can be trusted. He stated without verification, validation, and authentication, simulation is merely an interesting exercise into the virtual world with little or no correlation to reality; there is a standard to validate a model; one must first develop validation criteria; and these are specific statements of the representational capabilities that the user requires in order to satisfy the simulation needs. He stated validation determines how well a simulation’s representational capabilities suit a particular purpose; and suggested in the future, the District’s contractors will do well to educate themselves on what standards exist for time warp constructive simulations of physical systems such as this. He stated in the meantime, without this accepted criteria, he has to question the validity of the model, its results, and the conclusions made to date on the first half of the project; and while he has not formed an opinion as to the overall result of the study, he cannot, at this time, provide a positive statement over the interim conclusions that have been made to date. He stated he is advising of his concerns because early this morning, the District approved the use of the PLRG hydromatic model for use in the study, indicating it will believe and rely on the results of the model to determine whether or not 50 to 690 million gallons a day in an RO plant will or will not cause significant environmental harm to the Indian River Lagoon.

Chairman Pritchard stated the question is well asked, and answers like that do not give him the warm fuzzies. He stated he went with that dealing with another issue; he was told one cannot make it count as it is a biological opinion; and to him, that is a way of saying “we don’t know and even if we did, I don’t think I’d tell you.”

Mr. Myjak stated he did a back of the envelope calculation; they heard large amounts of salt; 8.3 pounds of water is a gallon; a gallon of sea water weighs .226 ounce more than a gallon of fresh water; and at 50 million gallons at 2.5% salinity, which is a nominal for the Indian River Lagoon, they are talking about well over 10 million pounds of salt a day, which is five tons, or 13,000 dump truck loads a day being produced. He stated when Mr. Forrest talked about a huge amount of salt being produced, he was talking about a really huge amount of salt.

Bill Kerr, stated he is a resident of the County, and has served on the St. Johns River Water Management District Governing Board since 1999; the District is required by law and the Legislature to investigate a way to have a water supply out 20 years; so they are required to have a 20-year plan. He stated the desalinization option is a portion of that plan, but it is not the only plan or the only option; and it is an option that covers many things. Mr. Kerr stated he cannot speak to the accuracy of the model because he has not looked at it; but he believes this discussion needs to be held and it is healthy to have it. He stated the items for discussion need to be on the table early, and he is glad he is here to hear it; and he is glad that staff that was working on the project is here to hear the questions and concerns so they can be answered. He stated he also heard price brought up and a $2,000 water bill; people in the County with common use are somewhere around $40 to $50 a month for their water bill; if the water rates are indexed at 3% for 20 years, that is a water bill of $75 a month 20 years from now, which is approximately $35 more than what is being paid now or approximately the price of a meal if someone goes out on a Saturday night. He stated he does not think that price is expensive to pay to assure quality water for the community; in South Brevard, they have paid to desalt the surface water and groundwater for as long as he has lived in the County, which is his entire life; they do not get their water from groundwater but from Lake Washington; so they have been using alternative water supplies at higher cost in the County for over 50 years. He stated the options need to be explored; the District is required to explore the options; and all the issues need to be on the table. He stated he does not believe it is an inordinately burdensome process financially on anybody to have water to be supplied to them or their children or other people who will live here in the future.

Commissioner Carlson stated Doug Sphar asked a question regarding the Taylor Creek Reservoir; he was concerned about Tosohatchee; and inquired if the District is required to do environmental impact statements to the basin to make sure if it collects additional rainfall, it does not affect anything upstream or downstream. Mr. Kerr responded they are required to set minimum flows and levels, which is a way to assure that natural areas and habitat have what they need; and it is a requirement. He stated the Taylor Creek Reservoir would be permitted; and that permit would require that there be no or limited environmental impacts. He stated he cannot imagine that they would use Taylor Creek Reservoir and then turn around and damage the environment since assuring water for the environment is one of the requirements of the St. Johns River Water Management District.

The meeting recessed at 2:29 p.m. and reconvened at 2:41 p.m.

Chairman Pritchard stated the 1:00 p.m. item took much longer than expected, but the information that was presented was very important so they can understand the concerns they have are being addressed; they are looking 20 to 30 years out; and the question of the effect it will have on the Lagoon and on the environment are being addressed. He stated they will assure they are being addressed properly; and he does not want any more blanket answers, but would like to know what the numbers are.

DISCUSSION, RE: MID REACH BEACH RESTORATION OPTIONS

Natural Resources Management Director Ernie Brown stated they have brought Dr. Bodge in from Jacksonville with Olsen and Associates to provide an overview of the permitting options that are available, individually, without regard to providing cost shares to the Army Corps of Engineers to address the erosion issues with the Mid-Reach portion of the County. He stated this issue is very complex and has been going on for several decades, in particular since the jetties were cut at Port Canaveral; and if the Board is so inclined, he has asked Ms. Barker to provide a brief historical presentation, and then Dr. Bodge will provide the current scenario and what the options are.

*Assistant County Attorney Christine Lepore’s absence and County Attorney Scott Knox’s presence were noted at this time.

Virginia Barker stated she wants to introduce Dr. Bodge and his historical presence in the County working on the beaches through a chronological, historical synopsis; they have been working on this for well over 50 years; and it is hard to keep all the pieces and parts straight, so she will run through some of the major milestones so there is a context for Dr. Bodge’s discussion. She stated prior to the inlet being cut at Port Canaveral, the Corps of Engineers studied the beaches; in the 1940’s they believed the net transport of sand in the long shore current along the beaches ran from south to north; and based on that information they selected the location that is now known as Port Canaveral. She stated in 1951 they made the initial cut through the barrier island to create that channel, and immediately started to see erosion on the down-drift beaches. She stated the jetties were constructed in 1953 and 1954 to stabilize the channel, which caused further erosion of the down-drift beaches; and by 1962, evidence of those damages was so strong that Congress authorized a sand transfer plant to be constructed north of the north jetty to transport sand around the inlet onto the down-drift beaches; but that transfer plant was never constructed. She stated year after year there were letters from the County Commission and the Port Authority to Congressmen, and from Congressmen to the Corps asking when it was going to happen; and there were studies, lack of funding, and excuses, but the transfer plant was never constructed and the beaches continued to erode. She stated Port Canaveral was very active in lobbying to get something done; if it could not get the transfer facility built, it could at least move cubic yards of sand onto the beach; and between 1972 and 1994, the Port worked with the federal government to transport almost 3.9 million cubic yards of beach fill to the down-drift beaches. She stated in 1991, they saw an opportunity to formalize what the Port Authority saw as a need to properly manage the inlet and its impacts on the down-drift beaches; and they contracted with Olsen Associates and Dr. Bodge to complete an inlet management plan. She stated the inlet management plan contained five major components; one was that bypassing, whether through a fixed bypass plant, using dredges, or whatever, needed to occur on a regular basis; and the plan itemized what the quantity should be. She stated it also called for jetty improvements to stop the loss of sand leaking through the jetties into the inlet, where the beach quality sand mixed with things found in the bottom of an inlet and became not proper to go back on the beaches; and they stopped the loss of flow by tightening the north and south jetties. She stated they also identified sand traps to try to trap the sand before it could get to areas where it would mix with inappropriate material; they developed a near shore berm off of Cocoa Beach, so that material being dredged from the channel that was not beach quality but was close could go into constructing a near shore berm that would work like an off-shore breakwater or sand bar, to refract and decrease wave energy and provide some protection along the shoreline; and another component was to implement a shore protection plan along Brevard County. Ms. Barker stated the inlet management plan was the first one adopted in the State of Florida; the Port adopted it in 1994; the State adopted it in 1995; and immediately following its adoption, the first sand bypass was constructed in 1998, the second bypass was constructed, and the third is expected next year. She stated between 1998 and 2006, the North Reach was initially nourished; and that included the same area that is in the bypass project. She stated even though the shore protection project is part of the Port’s inlet management plan, the County is listed as the local sponsor; and the County worked with Congress to authorize a reconnaissance study to create the federal presence in the shore protection project in 1982. She advised in 1987 the Corps had studied the shoreline and determined there was not sufficient economic justification for federal participation in beach renourishment along the County’s shoreline; and the County then hired Dr. Kevin Bodge who had been so successful in getting the inlet management plan for the Port. She stated they used an interlocal agreement with the Port to hire Dr. Bodge on as the County’s coastal consultant; and he did a suite of studies for the County that looked at the kind of things the Corps had looked at in its reconnaissance study, but using updated data, more accurate up-to-date information from the Property Appraiser; and information about the coastal processes going on, on the shoreline. She stated Dr. Bodge provided the studies to the Corps and it reassessed its situation; and in 1992 the Corps issued a favorable reconnaissance report. She stated once they had a favorable reconnaissance report, it needed a favorable feasibility study; Dr. Bodge also helped with that; and they made it through most of those issues. She stated for a shore protection project to be constructed, it has to be authorized by Congress; those authorizations take place in the Water Resources Development Act; and that Act is only addressed once every other year at best. She stated they wanted the project to move forward; Congress was about to pass a Water Resources Development Act in 1996; the feasibility report drafted by the Corps was unfavorable due to environmental concerns about the rocks along the Mid Reach; and the County and the Port worked with Congress to craft the language so the project would be authorized if it could get a favorable report from the Chief of Engineers of the Army Corps of Engineers by December 31, 1996. She stated in late December, things were not going well; and on December 23, a decision was made to remove the Mid Reach from the project in order to have the North and South Reaches allowed to move forward. She stated as a result of that decision, the North and South Reaches moved forward; between 2000 and May of 2005, the North and South Reaches will have been initially nourished and then renourished on 14.6 miles of beach with six million cubic yards of sand; and there has been $33 million of federal funding participation, $9 million in State funds, and $9 million in TDC funds. She advised Dr. Bodge was extremely helpful in making the project a reality; there were various issues with the Corps’ design for the project that made it unconstructable; and Dr. Bodge took care of those issues and helped build what was at the time one of the biggest projects ever built by the Corps. She stated in 2000, they worked with Congress again to authorize a general evaluation report for the Mid Reach; in 2000, 2001, and 2002 federal funds were not coming for the Mid Reach; so the County partnered with Florida Department of Environmental Protection to provide a 50/50 cost share to hire Dr. Bodge to look at all of the things the Corps originally objected to in the feasibility study and report back on the options for addressing those issues. She stated Dr. Bodge’s report was completed in 2003; and they immediately started working with all of the federal agencies to say the County heard what was said in 1996, looked at the concerns, provided more information, and is requesting feedback on what is needed in order to get permits to do something to the shoreline. Ms. Barker stated they hoped the Corps would be moving simultaneously on the general reevaluation report, but because there were no funds, that did not happen; finally in 2003, they got a half million dollar appropriation, working very closely with Congressman Weldon; but all those funds ended up being siphoned off to Iraq, so the County received zero dollars. She stated in 2004 another quarter million dollars was appropriated; 30% of that was siphoned off to Iraq and never made it to the Jacksonville District; and in 2005 another $550,000 was appropriated by Congress, and most of that, $490,000, was received by the Jacksonville District just last week. She stated this year they are requesting the remaining $500,000 that the Corps still needs to complete the general reevaluation report; and in the meantime, as funding was obviously a problem, they started negotiating with the Jacksonville District and Army Corps of Engineers to allow the County to work with State funds on a joint cost share to implement a whole litany of tasks that the Corps said had to be completed as a part of the report. She advised rather than waiting for the Corps to do it with funds it did not have, the County said it would front the cost; and the project management plan outlines what the tasks and costs are, and what will be eligible for cost credit at the time they go to construction. She stated they are present today to talk about the Mid Reach emergency responses; on January 3, they began dune stabilization projects in the Mid Reach and the South Beaches; and they have received the first FEMA check cut for Brevard County. She stated last week they received $1.6 million to help pay for part of the FEMA work they are doing; to date the combination of FEMA work and State interim dune work has delivered 162,000 cubic yards of sand to the beach, which is over 80,000 truckloads moved since January 3, 2005, with 5.8 miles of shoreline restored so far. She stated three different contractors are working on this averaging a third of a mile a day; the work required an enormous amount of coordination; and they applied for help from the National Emergency Grant Program, which has supplied three temporary staff people to help make the project possible. She stated they had to get permission from each of the 807 property owners that are within the project area to place sand in their backyards; staff has contacted all but ten of the property owners; and all but six have said yes, they want sand and signed the permissions needed.

Chairman Pritchard inquired if the six that do not want it are going to hold out until they are paid to have sand dumped on their properties; with Ms. Barker responding the Board direction was that this was voluntary, and if people do not want the sand, they do not get it. Chairman Pritchard stated if they do not have it, it can cause problems with the adjoining properties; with Ms. Barker responding once there is a cap, that weakens the project to either side; they have been letting the neighbors know about the holdouts; and if they have any influence over their neighbors, they are welcome to take their own action, but the County is not forcing sand on anybody. Chairman Pritchard stated he does not want this to get to the point where it was a couple of years ago when the County had to pay people; with Ms. Barker responding there is no intent to do that. Ms. Barker stated on January 11, the Save Our Seashore group requested emergency work from the Board; the Board directed staff to develop permitting options to bring back; and that is what Dr. Bodge is present to do. Chairman Pritchard stated he would like to recognize the three staff people; and thanked them for their efforts. He stated Dr. Bodge has been on and off the payroll for 15-plus years; and he guesses he has been dealing with an agency that is more involved with a pension relief act of it is own then with providing the necessary sand for the beach. Chairman Pritchard stated in 1962, they recognized the problem and did nothing about it; and here it is 2004, and they are still having to deal with issues that should have been resolved years ago. He stated he does not understand the mentality behind some people who appear to be driving a process that is not going anywhere but is costing billions of dollars; and it falls back on the property owners, some of whom had to pay out of their own pockets to have sand restored on the beaches. He stated it does not make any sense.

Dr. Kevin Bodge, Olsen Associates in Jacksonville, stated on that point, it is difficult for him to enlighten the Board; the federal process and the Corps of Engineers is a very large complex bureaucracy; and sometimes the harder one hits, the more stoic it becomes. He stated it is an art dealing with them and getting things done; and it has taken a huge team effort between the County Commission, the Port Authority, the attorneys, and the State of Florida in order to get Brevard County where it is today in terms of shore protection. He stated after hearing Ms. Barker’s presentation, he feels pretty old and worn out; but he will do his best to give a quick overview of where the County is and how he sees it, particularly in terms of the Mid Reach. He stated in terms of the dune restoration work, which is ongoing now, they are looking at 181,000 cubic yards under contract now to restore the dune along all but approximately 3,800 feet of the Mid Reach; and another 240,000 cubic yards will be replaced along the South Beaches. He stated in the middle of next month the County will begin to see restoration of the storm losses along the North Reach in the City of Cape Canaveral and South Central Cocoa Beach to alleviate 875,000 yards as part of the shore protection project; and another 723,000 cubic yards will restore the South Reach in Indialantic and Melbourne Beach to its initial construction dimensions. He stated concurrently with that, the Air Force is placing 265,000 cubic yards of sand at its expense, mostly along the northern half of the Base shoreline; and as Ms. Barker indicated, as soon as they get the appropriation, they will see the third bypass event at Canaveral Harbor where they will move another million cubic yards from north to south across the inlet, hopefully in Spring of 2006. He stated ten years ago there was basically no nourishment activity in Brevard County; but in the last ten years, they have done a lot with the 2.2 million cubic yards of sand that will be placed by the end of Spring 2005; and they will see a total of almost 10 million cubic yards of sand nourishment placed along the shoreline south of Canaveral inlet, putting the County at the top of the activity list in the State in terms of shore protection. He stated right now there is a proposal on the table to place an additional 100,000 cubic yards of dune fill along the Mid Reach area; this is in addition to the 180,000 cubic yards already under contract; and the intent of the additional 100,000 cubic yards, if approved, would be to bring the Mid Reach shoreline dimensions up to its pre-storm volume by the end of Spring. He stated to do so involves permitting requirements; it will be necessary to seek approval to stockpile sand on the north end of the South Reach hydraulic beach fill project, which the County would like to do anyway to stretch the sand dune money already under contract; and it would be necessary to extend construction into the main turtle nesting season by at least a couple of weeks to allow any stockpiling of sand there at all. He stated if the extra 100,000 cubic yards are placed along the toe of the dune fill project, it would be necessary to get approval because it would be placed along the existing near shore rock resources, which are of great sensitivity to the agencies. He stated normally with an expedited permit application, at best, it would take 45 to 90 days; and obviously that is too long. He stated he can write the permit and drop the paperwork in for the County, but he cannot expedite the permit beyond the 45 to 90 days, so that would take the lifting of people other than himself. Dr. Bodge stated the cost for the extra 100,000 cubic yards of material along the Mid Reach would be on the order of approximately $2.7 million, which would basically be local funds; and to his knowledge there is no State or federal money available for that at this time. He stated he is going to give the Board a quick graphic idea of what he is talking about in terms of the effects of the storm and what is being done now. He stated he has selected a number of beach profiles from along the Mid Reach area that typify what is going on, and will go from south to north. He displayed two beach profiles, one in purple showing the pre-storm condition, and one in red showing the condition of the beach after the storm; and stated this profile is just south of Paradise Beach Park. He stated the dune lost approximately 15 feet horizontally and the back beach or berm lost approximately two feet vertically; the ongoing project places somewhere between five and six cubic yards of sand per foot along the shore to the existing dune contract; that is shown as the blue shaded area; and it pretty much mitigates all the dune that was lost in the storm. He stated there is an additional amount of sand in the back beach that would require another three and a half cubic yards per foot to restore that part; and this would be part of the additional 100,000 cubic yards that he was speaking of. He stated moving up the beach about a mile to Canova Beach Park, just north of Holiday Inn, the dune eroded approximately ten feet; five cubic yards of dune fill would more than restore the eroded dune; and some of the sand lost off the toe would then drift down the beach, filling in some of the losses that occurred around the low tide line. He stated moving up another mile, south of Indian Harbour Beach, there is 15 to 20 feet of dune recession; and five cubic yards of dune fill will pretty much mitigate the dune loss with a teeny bit more loss down at the low tide line. He stated moving further north, there is a lot of irritability in the effects; just south of Pelican Beach Park, there is dune loss on the order of approximately 25 to 30 feet horizontally; and five cubic yards of dune fill would just about restore the dune, but it would take another three or four cubic yards of sand in order to restore the back beach. He stated finally, moving up toward Satellite Beach, the five cubic yards per foot dune fill will more than restore the dune losses; and at the very north end of the Mid Reach, around Patrick Shores, there is not a lot of erosion as there is elsewhere. He stated the existing program of placing approximately five cubic yards of sand per foot along the dune fill will mitigate all of the dune losses that occurred during the storm on all but about 3,800 feet of undeveloped shoreline, which is not in the program right now; and if the Board wanted to restore it back to the pre-storm volume above the low tide line, that would require an extra 100,000 cubic yards of sand, which would require a few more weeks into the marine turtle nesting season and approximately $2.7 million in construction costs. He stated some of the sand is probably going to move back on shore in April or May when they see recovery; he cannot say how much that will be or when it will be; but the Board can either wait for that or spend upwards of $2.5 to $3 million to proactively restore the sand. He stated they are currently proceeding along with the Corps of Engineers with the reevaluation report, which will address shore protection alternatives along the Mid Reach; this is a Corps of Engineers requisite program to evaluate all the different alternatives and determine the nature and cost of the project the federal government can justify participation in; and the down side of this is that it is a very lengthy process. He stated it took 12 to 15 years to get through it on the North and South Reaches; that is pretty much the average, and some people would even say that was fast; but the upside of the process is the federal cost share. He stated it is a lengthy process, but once they drag themselves through it and all the congressional authorizations and appropriations, the federal government brings forward the money, which is usually about 60% or as Ms. Barker indicated, in this case, tens of millions of dollars. Dr. Bodge stated the County is already proceeding with part of the study, undertaking the environmental studies that are requisite for the Corps report; and the advantage is that it knocks at least a year off the whole schedule by doing it proactively. He stated the environmental study will be handed off to the Corps for its use, but the County can also use it directly, should it elect to pursue its permits and projects on its own; so there are two benefits out of it. He stated his firm participates as a consultant on many federal projects, but also does a lot of private projects; his firm has designed and built more private sector projects than any other firm in North America so he is very familiar with the federal and private processes and the benefits of both; and a lot of the projects have involved complicated permitting issues such as near shore rocks, seagrass, coral, Civil War relics, etc., so they know the basic hurdles, the process, the costs, and the various alternatives. He stated they are recommending the County take a hard look at pursuing conventional beach fill, like in the North or South Reach, on the seven and a half miles of the Mid Reach; that would directly impact all of the rock because it occurs so close to shore; and the initial cost of that construction project would be $78 to $96 million, of which a little over half is for mitigation with the rest for actual beach fill.

Chairman Pritchard inquired if this is the rock that was buried; with Dr. Bodge responding no, not all of it actually has been buried. Dr. Bodge stated going back into anecdotal history, there is not a lot of mapping that goes back into the 1950’s or 1960’s; the rock appears to have been present for a long time; his father was stationed at the Banana River Naval Air Station in World War II and remembers fishing on the rock around Patrick Shores; and that is not an official report, but he believes his dad. Chairman Pritchard inquired when his father fished on the rock, was that the rock that had wave action that was exposed; and stated now there is rock further up the beach that is exposed; with Dr. Bodge responding yes. Dr. Bodge advised quantifying the degree to which the rock exposure has changed over the decades has proven impossible so far; photography from the 1940’s and 1950’s normally does not show the rock because the water is usually turbid and the rock is mostly submerged; so it is very difficult to quantify it. He stated normally a permitting scenario would take three to five years; and he has included a one to two year allowance in that for administrative hearing and court challenge, which would be almost definite with this kind of environmental impact. He stated the next alternative they looked at was scaling back a full scale shore protection alternative and concentrating the large scale shore protection on the southern three and a half miles; and the reason for this is because of all the rock that was mapped, which is some 61 acres of near shore rock, less than 10% of it occurs in the southern three and a half miles of the Mid Reach and the other 90% occurs on the northern half of the Mid Reach. He stated by putting a large scale nourishment project on the southern three and a half miles, the rock impact goes way down; and they can undertake a smaller scale truck haul project for the northern four miles of the Mid Reach. He stated the initial cost of that would be $33 to $41 million; there would be a two to four year permit cycle; and because they are still dealing with about 15 acres of impacts to the rock, administrative hearing or challenge would be likely. He stated scaling back a little more, the next increment would be filling just the southern two and a half miles of shoreline; that brings it up to approximately Canova Park; and this should cost from $26 to $30 million, taking one and a half to three years; and it is difficult to say if there would be challenge on that, but it would be less likely. Dr. Bodge stated extending the full shore protection project along the southern 1.7 miles only impacts a couple of acres of rock; they would do a truck haul project along the remainder; the initial construction cost would be $25 to $29 million; and it would take approximately one and a half to two years for permitting, which assumes no administrative hearing or challenge. He stated lastly without going into the armoring or acquisition alternatives, which they have examined, but which he will not detail today, there is the no action case, which is doing nothing other than relying on all the other sand replacing along the North Reach and South Reach and improvements in the inlet; there is a lot of benefit to that, but it is not complete; and the feeder benefits they get from the beach projects is good but there is a limit to it. He displayed a slide showing shoreline positions along the North Reach and Patrick Air Force Base; and pointed out the south jetty of Canaveral Harbor, Patrick Air Force Base, Patrick Shores, the high water shoreline location made after constructing the North Reach and Patrick projects in 2001, and the high water line three years later. He stated the project was very successful; for the most part the shoreline held; there is a little bit of erosion in the City of Cape Canaveral area; and that is where the sand bypass project goes. He stated Patrick Air Force Base is one long three and one-half mile taper to the North Reach project; Patrick has a lot of rock at the south end of the base shoreline; they are not allowed to fill there; so instead they make the long taper that anchors the North Reach and minimizes the impact of the rock along Patrick Air Force Base. He stated the sand does not spread too far south of that; and advised the shoreline along the North Reach after the hurricanes is shown in red. He stated there is not a lot loss at the high water line; but there is not a lot of movement along the south end of Patrick Air Force Base so there was not a lot of sand moving out of there. He stated the South Reach is a little different story; and displayed a slide showing Spessard Holland Park and the shoreline advance that was created when the project was finished in 2003. He stated they basically advanced the shoreline approximately 100 feet; and advised the shoreline position a year later is shown in blue. He stated the sand bled out or fed to the north approximately 5,000 feet and 5,000 feet to the south as well; that is called the feeder effect; and displayed a slide showing the shoreline after the storm. He stated the middle of the South Reach held up pretty well; there were losses of 60 to 70 feet of shoreline along the end but the sand fed out to about 5,000 feet up into the Mid Reach; and there has been a good beneficial effect from other nourishing projects, but it is limited to approximately 5,000 to 7,000 feet to either side of the projects. He stated to summarize the different alternatives, first is the placement of an additional 100,000 cubic yards of sand along the Mid Reach as part of the emergency project, assuming they can get the permits to do so; the cost would be approximately $2.7 million under a normal expedited permit process; but he cannot get that permit in time and someone else needs to lift that wagon. He stated in the longer picture, there are various beach fill alternatives along the Mid Reach; the cost is anywhere between $25 and $90 million; and the chart shows the time required to develop the projects. He stated if they take the southern three and one half-mile long beach fill project, it goes up to approximately Bicentennial Park; the beach fill part is approximately $22 to $30 million; that is replacement of the sand and the mitigation of the rock; and the truck haul project along the northern 4.1 miles of the Mid Reach in conjunction with that would be approximately $11 million, bringing the total to $33 to $41 million for that particular alternative.

Commissioner Carlson stated in terms of the additional 100,000 cubic yards of sand at $2.7 million and going into the nesting period, is the County disallowed from doing that by federal regulation. She stated they cannot intrude into the turtle nesting season whether they stockpile or not; and if they stockpile, they are going to inhibit potential turtle nesting; and inquired how does that work. Dr. Bodge responded it is federal regulation that halts them on May 1 from any construction activity on the beach; so an extension beyond May 1 requires a lot of heavy lifting at both the State and federal levels. He stated in other areas, like for the sand bypass project, he has gotten extensions before; but Central and Southern Brevard are a different story because the marine turtle nesting density is so intense that it is difficult to even ask for the permit. He stated as they extend the season, it opens another potential problem, in that it increases the likelihood of turtle take by the dredge in the off-shore waters; and after so many takes, which they are allowed, the project shuts down, so there is a fine line they walk in asking for an extension. Commissioner Carlson inquired is the extension even possible; and stated she does not see that happening. Dr. Bodge stated it is worth asking in that they can make the case that there are extraordinary circumstances in terms of the hurricane damage. Commissioner Carlson inquired are there provisions in the law that allow going in there for emergencies; with Dr. Bodge responding no, but if they make the case to the agencies hard enough, with the Corps of Engineers support, it may be worth asking. He stated the other avenue he would apply is that the dredge would be here now working except that it is held up doing national defense work at King’s Bay, Brunswick, and Savannah, Georgia, so some of the delays with the dredge are because of other national emergency projects. He stated he makes no guarantees about asking for an extension, but they may say yes.

Commissioner Scarborough stated Dr. Bodge has presented this as a series of alternatives with increasing length of time and probability of litigation; and inquired is there a way to do a combination that would make sense. He inquired was it part of the proposal to do some of the easier things where there would be less impact on the rock, but at the same time come back for a longer time proposal or are they mutually exclusive. Dr. Bodge responded they are not mutually exclusive; the most straightforward alternative is to do conventional shore protection along the southern one and one-half miles up to Paradise Beach Park with some truck haul renourishment north of that; and that is the easiest portion to bite off; but it does not necessarily preclude the County from lengthening that activity in the future as funds or permitting authority allow. Commissioner Scarborough stated the County could put in dual applications simultaneously or would there be problems with the agency; with Dr. Bodge responding the agencies prefer to have just one application on the table at a time so normally one picks ones best shot; and one of the permitting things is to ask for three and a half and maybe get two.

Commissioner Colon stated if they do approve an extension because of the fact that hurricane season is coming and the County is about to get hit hard again this summer, one of the things they have identified is that turtles are not able to nest if there is no sand. She stated those were some of the problems they were encountering; mothers were not able to lay their eggs and so forth; that is where it was a whole domino effect; and inquired are they helping or hurting the turtles. She stated that was some of the discussion that has been happening in regard to actually putting sand there; and commented on the permitting agencies considering the County has been hit and might even get hit worse this summer. She stated she has asked Mr. Whitten
to try to get some feedback in regard to how the County can get the $2.7 million and also get approval from the TDC to see if this is something it would consider looking at as far as borrowing from commercial paper. Commissioner Colon stated Mr. Knox also did some research to make sure of the legalities; and the answer was yes, those were some of the possibilities. She stated there was no point in putting Mr. Varley on the spot if this could not be done; time is of the essence; and it is up to the Board whether it wants to make a commitment or not. She stated talk is cheap; the Board is able to see who is trying to go forward with this; they could always just say no; and thanked Dr. Bodge for trying to save the County. She stated she is sure Dr. Bodge has been from one end of the State to the other; they are getting desperate; and one of the things that has been disheartening is to see everybody getting some sand and having their dunes restored and feeling the frustration of knowing that hurricanes are going to be coming and people’s dreams will be washed away. She stated they need to be more optimistic and not put obstacles; that has been done to them for a long time; and she wants to try and get some feedback on whether this is something the TDC would consider in terms of trying to borrow some dollars.

TDC Executive Director Rob Varley stated they just had a meeting regarding some of the recommendations from the strategic study; they talked about needing to address the idea of coming up with more dollars for some of the things the TDC does competing with its neighbors and investing more dollars in the beaches; and the committee will be recommending to the TDC tomorrow. He stated he hopes to move this forward; they are talking about looking at a fifth cent; so those discussions are on about how to address some of the shortfalls.

Chairman Pritchard noted he serves on the TDC and the committee that is making the recommendations. He stated he has a question about stabilization; they keep dumping sand and watching it go out to sea or move further south; and he is very interested in stabilizing the shoreline so that A1A does not become the dune line. He stated he knows there are different types of geotextile tubes that can stabilize the dune line; there is a sand renourishment system, Nushore, that can be put in the water and it gathers sand and helps to build the beach; and things like that need to be used in conjunction with spending millions of dollars putting sand on the beach only to have it wash away in the next storm. Dr. Bodge stated the performance of the shore protection projects to date have been striking; prior to the hurricane impacts and even considering the severe Autumn in 2001, as of June 2004, 90% of all the sand that was placed along the North Reach and Patrick Air Force Base remains in place; and the project had an extraordinary performance. He stated on the South Reach, it was about 80%; but he could account for about 15% of the missing sand on the adjacent shorelines so the projects did very well. He stated some of the sand is at Canaveral, but almost all of the sand that was eroded off those project areas is offshore, some in deeper water than he has ever seen sand move because the waves were so large; and overall the shore protection projects did very well. He stated to the extent they can get shore protection along the Mid Reach, he expects it will do equally well. He stated there are a lot of alternative technologies that are recommended or proposed in beach erosion circumstances; some of them work well in relatively calm water; but on the Central Florida Atlantic shoreline, which has a lot higher energy, they do not see many of those systems tested in these waters; and that may be for a reason. He stated in his 20 years of experience as a coastal engineer, he has seen that it is a mighty ocean; and it often deserves mighty expenses to battle it.

Commissioner Voltz stated on March 12 at the Melbourne Beach Community Center, they will have Dr. Benedict come over to look at the Nushore system; it has been very successful in calmer waters; and Senator Haridopolos is already working and has two permits for the County to be able to use the system. She stated they just need to come up with the money to buy the system in order to do it; and since they do not know if it is going to be effective in the Atlantic, it would behoove the County to try it to see if it will work because it will be much less expensive. She stated she does not think there is room for everyone to attend on March 12; but Dr. Benedict will be making a video presentation on the product. She invited others to come and look at the product to see what they think; and stated there are two pilot projects allocated through DCA for the County.

Bill Jurgens thanked Dr. Bodge for his report; and state it was enlightening. He thanked the Board for all its work in helping the citizens get the sand back on the beach and the work being done on the dunes right now. He stated Dr. Bodge mentioned what if nothing happens; and he discussed a couple of scenarios, one being that later sand may come in. He stated to some degree he is also an expert because he lives right there and every day he watches the wave action; he made a lot of friends doing this; he and Ernie Brown have met on a number of occasions; and he has worked closely with Commissioner Colon. He stated his condo in Indian Harbour Beach put out $100,000; and the pictures show how it eats it up and that is what is going to happen. He stated if nothing happens, what they have done will be washed away; the wave action is like putting a knife through butter; hundreds of thousands of years compacted the sand; all the vegetation supported them not having erosion; but now they really do not have a chance. He stated the number one thing they need is sand renourishment; unfortunately in 1996, that was taken out; and when it was taken out, it had even more detrimental effects to the Mid Reach than it would have if nothing was done. He stated they have the Bermuda high; it is not like El Nino, but is what guided the hurricanes right into Florida this last year; and they do not know if they will have it again; but it would be a big mistake not to anticipate one; and if they get a hurricane, they are going to have a huge amount of property loss; and they need to look at every option possible and every resource available to assist the County because the Mid Reach is in bad shape. He stated today their condo approved an addition to the $100,000 approved sand filled containers so they are doing all they can as citizens, but ask the Board to do all it can as a County Commission to help get sand on the beach because without sand, there is going to be a lot of devastation in the Mid Reach area. He stated he sees the options; it is glaring which one would be the preferred option; and the citizens would be happy to all work closely together to assist the Board in achieving that.

Chairman Pritchard inquired which option does Mr. Jurgens prefer; with Mr. Jurgens responding he likes the one that goes right up to the three and a half miles. Mr. Jurgens stated it is reasonable; he would like to have full renourishment; but they have to go to three and a half miles. He stated they do not want to start at 1.7 miles; the area is really vulnerable; and they must go to three and a half miles. He stated some of his colleagues on the Steering Committee will say the same thing; but they live it every day, watch what is happening, and know what will happen if no action is taken. He stated they appreciate the Board’s support; and they will do all they can to help the Board help the people.

Chip Rohlke thanked Ernie Brown and his Department as well as Commissioner Colon and everybody who has been involved. He stated the stabilization of the dunes has made a tremendous impact on the beach; that was his initial area of concern when he got involved in this shortly after Hurricane Jeanne; and he appreciates all the work that is being done. He stated this is only the first phase of a multi-phase problem; as the Board heard earlier, the Port issue is the whole thing that caused the problem initially; and he gets a lot of comments from people saying they should not do anything to the beach, but should leave it in its natural state. He stated that is fine; but they would have to block up Port Canaveral and get rid of the jetties to let everything go back to its natural state, which is not going to happen. He encouraged the Board to look at the issue; and stated he talked with Mr. Brown about this a couple of times. He stated the bottom three and a half mile area of the Mid Reach is less than 10% of the total amount of wormrock over the seven and a half miles in the Mid Reach area; and they need to negotiate with the Army Corps and the National Marine Fisheries to see if there is any kind of exception that can be tried to pass this year to get full renourishment in that area. He stated it would have a huge impact on the whole Mid Reach, especially the south half of the Mid Reach area; and as far as the money involved in renourishing the Mid Reach, he heard before it was roughly $62 million to do the whole project, of which $51 million was related to mitigation of the wormrock. He stated even that number is based on a two-year old figure of how they used to do mitigation, which was basically dumping rocks offshore; and men like Lee Harris and Jay Sample have other technologies that may work for the mitigation that could cost substantially less. He encouraged the Board to look at doing the emergency additional fill, which is critical and look at how they can possibly push through the bottom three and a half miles through the Army Corps of Engineers because there is a limited amount of wormrock in that area.

Jack Stern indicated agreement with the previous speakers.

Tuck Ferrell thanked the Board; and stated it has done an outstanding job with the help of staff in trying to help the people in the Mid Reach and the others in the County. He stated they have done a wonderful job in research because they ran into stone walls before with some agencies; and the Board is trying to help the people. He expressed appreciation to Ernie Brown and his Department as well as Commissioner Colon; and stated they are concerned about whether they will lose their homes or not. He stated that is a big problem for most of the people in the room; and they are concerned about their homes, the wildlife, and the turtles. He stated they all love the turtles that appear on the beach for nesting; but beach profiles are such that the turtles cannot survive now, so it does not matter whether there is an extension or not on the permit. He suggested they go for the emergency permit; stated one of the justifications might be that there is virtually no chance that a turtle could nest successfully the way the beach is now because the dune is vertical; the turtles are not going to be able to climb the dune; and the beach profile is so low that the turtle eggs will not survive. He stated even if the turtles lay their eggs, they are going to die; he has been through this before on many beaches; he has been involved in this for years; and the water will inundate the turtle nests and either wash them away or the cold water will kill the eggs so there is no chance they are going to survive. He stated they will not get many turtles unless something is done; maybe putting some sand on the dune will help; the turtles really need some relief; and it is really about the turtles and the people. He stated the fish can move around the rocks; many of the rocks are covered up because when the
sand came off the dune face, it ended up on a lot of the rocks; and if the rest of the sand comes and washes off, it will cover up more rocks. He stated Mr. Jurgen brought up the Bermuda High; it is still sitting there; and unless it moves, the front is going to sit there, which makes Florida a target because all the storms are stopped and it tends to push them in on the State, so this is really an emergency situation. Mr. Ferrell stated the emergency has been exacerbated by the Bermuda High, so the State is really at risk; and he hopes the Board can do something on an emergency basis to try to help this situation because he would hate to see people’s homes fall in because if the homes fall on the beach, the rocks are going to be covered. He stated it just happened to a big area in Vero Beach, and it is unfortunate; people lost their homes, their livelihood, and everything they saved for all their lives; and the beach is covered with parts of houses, which is something he does not want to see here. He stated they are talking about billions of dollars; the hurricane damages were estimated at $6.3 billion for Brevard, Indian River, and part of St. Lucie County; and if the condominiums and homes go into the ocean, he hates to think what it will be. He stated it will be billions of dollars of loss from the tax base and from the homeowners; he appreciates what the Board is doing; and if something can be done to shortcut the agencies, that will be helpful. He stated it is great to have experts; Dr. Bodge was very enlightening; and he appreciates Dr. Bodge’s help. He recommended going for emergency permits especially with the Bermuda High out there.

Hal Manns stated he appreciates the efforts that have been made by the Board, by Mr. Brown, and by the various groups; he agrees that the elements on the southern part of this, the three and a half or up to four miles, should be very quickly taken care of; and he would appreciate speeding up the process in the beach fill so the entire 7.6 miles would be done in a much shorter period of time than three to five years.

Chairman Pritchard stated they all share Mr. Manns’ frustration with the way the wheels of government work, which is not working; and they really need a good boost. He stated it does not make any sense to take this long; it has been over 40 years now since 1962; and to recognize a problem and still be fiddling around with the next study, the next this, and the next that does not make any sense.

Commissioner Colon stated she does not know if it would be appropriate now to give direction from the Board in regard to the emergency beach fill; and inquired when is the meeting; with Mr. Varley responding there is a beach committee meeting this Thursday. Commissioner Colon stated she would want to make a motion basically according to what the outcome of the TDC is in regard to the commercial paper to go after the $2.7 million.

Chairman Pritchard stated there are several options; and he would like to address the options to see which way the Board might feel most comfortable in going. Commissioner Colon stated the first option is not there; but they are already in the process. Chairman Pritchard stated option 1 is the entire 7.6 miles. Commissioner Colon stated they are talking about two different things; she was looking at the emergency Army Corps of Engineers project; and that is already in place. She stated the second one they thought was anywhere from $6 to $10 million; but once they were able to do the research, it came out to $2.7 million; and that is what she was addressing. She stated from there they go up to the big boys, which is $78 million, but that will be another day.

Commissioner Scarborough suggested the Board look first not at the dollars but at the time- frame because there is something there; and when he looks at the time, he is saying as he goes to the different options, that is the timeframe he would be working in; with Dr. Bodge advising that is correct. Commissioner Scarborough stated option four has one and a half to two years; even if they allocated the money and had $30 million, it would still be one and a half to two years before they could be out there doing anything; and inquired if he understands that correctly; with Dr. Bodge responding yes. Commissioner Scarborough stated option one is three to five years before they could do anything; his earlier question was if he went for one of the shorter options, could he simultaneously go for a longer one as well; and just because he is asking for a portion, he could simultaneously ask for the remainder in some methodology of dual applications so he could have some work being done in two years and some work being done further out. He inquired if that makes sense; with Dr. Bodge responding it does. Dr. Bodge stated the County could apply for a 1.7 mile beach restoration permit, generate the funding for that, and execute that project perhaps within the two to three year timeframe or less; and at the same time the Board might be letting the Corps of Engineers’ wheels slowly turn toward what might be a bigger project of three and a half or four miles. Commissioner Scarborough stated they are not necessarily mutually exclusive; they could proceed with one and also be looking at the more complex option, and proceed with both of them at the same time. Dr. Bodge advised that is correct; the Board can stage these; and the example he was giving was to let the federal track go on its own, which is the more expensive track. Commissioner Scarborough stated there are two things the Board needs to be mindful of; one is that it is going to be starting one track in a year and a half or two years; and the funding methodology for that needs to be in place sooner; but for the other one, which is out three to five years, there is longer period of time to put in the funding methodology, so even though the Board may not have all the answers for the longer methodology, it would be foolish not to go ahead and proceed with the permitting and work on that. He stated the trouble is sometimes if the Board asks about the money first, it makes the mistakes because as time goes on, it gives more and more options on how to find money; there are methodologies to find money; and if there are not, the Board needs to address those bodies. He noted the Board just hired a lobbyist today; and there are jobs to be done.

Chairman Pritchard stated that is a good point; there is an emergency situation the Board can deal with; the second phase would be option 4; and the third phase tied in with that would be number one. He stated the whole idea is to move forward; zero has been taken care of; the Board will move forward with four and one; and then it is just a question of trying to find a few million dollars.

Chairman Higgs stated Bob Clark submitted a card; the Board already closed the public comment; but since this is an issue of vital interest, the Board will allow Mr. Clark to speak.

Bob Clark stated he did not know the process; and the next time he will fill out a card earlier. He stated he lives in the unincorporated area approximately a mile south of Patrick Air Force Base; and read aloud a letter sent to the Orlando Sentinel by a resident of their building. He read, “We were very amazed by the twisted logic behind excluding the seven-mile stretch in Brevard County from the beach renourishing program. Our building and many more in the seven-mile area were completed in 2003. Why was permitting given if there were no plans to protect the beach? Furthermore then environmentalist reasoning is credibly disputed. Even if true, the solution to do nothing will result in a massive destruction attacking the core of these communities and the entire County. Our building has 18 units on one acre of land with total 2004 real estate taxes of $120,000. Taxes per capita on the seven-mile stretch is the highest in the County relative to acreage used. The real estate taxes collected from the seven-mile stretch is equivalent to taxes collected from many 70-mile stretches in other parts of the country, yet the endangered seven-mile stretch of beach is very condensed and requires the least tax dollars in terms of public services, as road maintenance, fire, and police. With such an enormous tax contribution, it is only fair that the tax dollars be used to secure the living situation of the taxpayers, not allocated based on some obsolete formula. A word about the myth of beachfront rich homeowners. Most of us are retired. We worked hard all of our lives to secure a decent retirement. We have given up home ownership with its privacy and amenities in favor of the beachfront, settling for small apartments and sharing public areas with our neighbors. For most of us our beach unit is the most valuable asset that we have.” He stated he appreciates everything that the Commission has done; and requested it act on option zero with emergency fill. He stated they all bought on good faith; most of them did not have a clue that beach restoration was an issue; there was no seller’s disclosure; they were new buildings; and on behalf of the residents, anything the Board can do will be appreciated.

Commissioner Voltz stated a lot of people call her office and she also reads in the paper that people think it is terrible that the Board spends any money to renourish the beach; but the beaches are Brevard County, and they have to take care of the beaches or they are going to encroach further and further west. She stated those residents pay an enormous amount of taxes compared to what a lot of other people pay; and the Board needs to do everything it can not just to protect private property rights, but to protect the property rights of all the people in Brevard County. She stated everybody, whether or not they ever go to the beach, can say they live near the beach; it only takes them minutes to get to the beach; they brag to all their friends they live not too far from the beach; and when their families come down to visit them, they take them to the beach, so it is vitally important to the economy and tax base of the economy. She stated the Board needs to do whatever it can to make sure the beaches are renourished.

Commissioner Colon stated she supports option zero; if the Board is saying it wants to look at the comprehensive approach, then it would be the 7.6 miles; and she is trying to get feedback from the Board on what direction it wants to look because either they will pay now or later.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to approve Option 0, emergency additional beach fill at $2.7 million with permitting estimated to take 1.5 to 3 months.

Commissioner Carlson stated the Board has to go with option one; they have to figure out where the money is going to come from; she does not think they are going to get all of it from TDC dollars; even with the fifth cent, it is not going to be enough for that kind of price tag; but the Board knows it has to deal with it. She stated she seconded the motion for emergency additional beach fill; and hopefully the beach committee will come back with suggestions on how to deal with that. She stated the Board will have to vote on whatever the beach committee decides, so the Board will have to consider that as well.

Commissioner Colon stated that is what she said from the very beginning; but she wants to do one at a time so they can be clear.

Chairman Pritchard called for a vote on the motion for option zero. Motion carried and ordered unanimously.

Motion by Commissioner Colon, to approve option one.

Chairman Pritchard stated he likes Commissioner Scarborough’s idea, which is options one and four moving in conjunction. Commissioner Scarborough stated his thought is filing a permit gets them started; even if they had the money in the bank, they are not going anywhere without filing the permit; and that is what they should do unless Dr. Bodge advises otherwise.

Motion by Commissioner Colon, seconded by Commissioner Voltz, to approved options one and four in conjunction for permitting.

Chairman Pritchard stated he would also like to add his concern about stabilization so they can be assured what they are doing will not wash out to sea; and they need to take whatever measures are necessary to keep the sand on the beaches and at the very least protect the dune line with whatever type of structure, geotextile or whatever; otherwise A1A will become the next dune line, and they cannot afford that. He inquired if that is the motion; with Commissioner Colon responding before they finalize the motion, she would like to ask Dr. Bodge for some feedback on whether they are doing the right thing.

Dr. Bodge stated in terms of pursuing both alternatives one and four, the County cannot have two applications pending before the agencies at the same time; and his recommendation would be to pursue 3.5 miles of restoration because that is very viable, the County would be taken seriously, and they can address any questions that arise. He stated the 7.6 miles is something that can be addressed through the Corps of Engineers process.

Commissioner Scarborough inquired if the problem with the dual permit is that it covers the same properties; and stated if that is the problem, they could subtract one from the other. He stated they could go for the 3.5 miles, and the remaining 4.1 could be a separate application; what concerns him is not just the dollar amount but the time; and it could be three years before they could even get an application in for the last 4.1 miles; but if he could go ahead with the 4.1, at least it would be started. Dr. Bodge stated that may be the better approach, to separate them rather than overlap them. He stated the County has a good shot at getting permitted between two and a half and three and a half miles, but it does not want to drag the rest down by biting off too much.

Commissioner Colon inquired which options are those. Dr. Bodge advised the Board can pursue a permit for conventional fill for the southern 3.5 miles and a separate permit for the northern 4.1 miles of shoreline.

Motion by Commissioner Colon, seconded by Commissioner Voltz, to pursue a permit for conventional fill on three and half miles of shoreline and a separate permit for conventional fill along the northern 4.1 miles of shoreline. Motion carried and ordered unanimously.

Chairman Pritchard stated he hopes they will be able to put Dr. Bodge out of business someday.

The meeting recessed at 4:01 p.m. and reconvened at 4:10 p.m.


REPORT, RE: USE OF FLORIDA INLAND NAVIGATION DISTRICT SAND (CONTINUED)

Chairman Pritchard stated the Board has a memorandum from Natural Resources Management Director Ernie Brown on alternatives to use of the Florida Inland Navigation District Mims recycling facility; and Ms. Barker will explain.

Virginia Barker, Natural Resources Management, stated the Board has a staff report that Ms. Busacca distributed; a week ago they began pulling sand from the Florida Inland Navigation District’s sand recycling facility in Mims; very soon after operations started, the road started breaking down; they worked hard with the contractor to try to get them to keep up with the road damage; and they were not keeping up. She stated last Wednesday they ordered them to shut down the hauling operation until they could get the road repaired and capped with more suitable material for the volume of trucks; the next day the Commission asked them to stop using that facility entirely; and so they ordered the contractor to complete the repair of the roads and move to other borrow locations for completing the dune restoration work. She stated this means the County will not save the $800,000 that it thought it would by using that facility to do the work it has committed to doing; and they are short $775,000, so the options at the bottom of the page provide the alternatives the Board asked staff to bring back.

Chairman Pritchard stated the Board was told that the re-grading of the road was costing $50,000 every time it had to be done; and the frequency of the $50,000 repair was going to eat up the benefit of the free sand. Interim Assistant County Manager Ed Washburn stated it would have to be done at least once a week; the roads are so narrow that when trucks passed each other, they were pushing roadway material up into driveways, and people could not get their cars into their driveways; so it was an ongoing problem that was not going to be solved. Chairman Pritchard stated it does not look as if the County is going to be using the FIND sand; and now it is faced with options. Commissioner Scarborough stated the Board asked Mr. Brown to return with some options; and requested he explain them.

Natural Resources Management Director Ernie Brown stated the first and most direct option is to reallocate resources, internal general funds to make up the deficit; and right now it is calculated as $775,000. He stated that would allow them to continue the dune restoration project as was approved by the Board; and that is the most expeditious mechanism to do that.

Mr. Brown stated thereafter the challenges pick up because from here on out someone does not get sand on a portion of a dune; staff has prioritized that; and the first would be parks. He stated they were looking to do a direct offset; 31,000 cubic yards of sand would have to be reduced; when they reduce the amount of sand that the contractors already agreed to lay on the dunes, they will have to go back into contract negotiations; and there may be disputes and renegotiation of initial prices, which could mean the County would be paying more for a cubic yard of sand than it is now, so they would still need more money. He stated option three is a mix between general fund allocation and reduction in sand. Chairman Pritchard stated it seems like number one. Interim County Manager Peggy Busacca advised in the options where it says general fund, it would come from predisposition of juveniles.

Commissioner Scarborough stated he also moved for discussion Item IV.C.1, which dealt with a temporary loan from insurance reserves; it was brought to his attention, there may be a number of different things that are hurricane related; and the item before the Board is certainly hurricane related. He stated it would be very beneficial for the Board to see the whole magnitude; on some items the Board will find money, but on others it will be short; but it has to bring the County back up to speed; and the Board would appreciate seeing the full magnitude of what it needs to draw to go forward to do the projects. He stated as the Board moves through emergency situations, it is going to have some strange scenarios; that was the reason he pulled Item IV.C.1; the Board needs to know where it is and where it needs to get money; and if there are problems with parks and roads, etc., it should go ahead and figure out where it needs to go and make things happen.

Chairman Pritchard stated the Board hired Post Buckley Schuh & Jernigan to handle a lot of the FEMA issues for it, freeing up County employees to do other County tasks; Post Buckley Schuh & Jernigan was handling tasks that would be reimbursed by FEMA; and inquired if they might have an alternative where the Board could employ Post Buckley Schuh & Jernigan and tap into other FEMA dollars to help alleviate the overall cost of the loss of sand. Ms. Busacca stated she is not aware of any, but will defer to Mr. Whitten. Assistant County Manager Stockton Whitten responded he and the County Manager met with FEMA about three weeks ago; and FEMA informed them they could hire the engineering consultants but FEMA would not reimburse those costs; and right now the County is using Post Buckley Schuh & Jernigan for debris removal only. He stated those are reimbursable expenses; but once they go beyond that task, then FEMA is not going to be able to reimburse the County. Chairman Pritchard stated the $775,000 the Board is talking about for predisposition of juveniles was part of the $1.2 million, so that would leave roughly $500,000. Mr. Whitten advised originally there was $2.1 million; the Board spent $900,000, which left approximately $1.2 million; and it also spent some dollars for the architecture and engineering services for the courthouse, so it is at approximately $1 million, which would leave approximately $300,000 to $400,000. Chairman Pritchard inquired if there are any other intentions for the money at this point; stated one of the things he wanted to do was move the sign signalization shop from Merritt Island to the mainland, which would have been approximately a million dollars; but getting sand on the beach is more important. He stated he does have a trickle effect with the school buses and creating a facility for them, but he can deal with that later; and what he needs to deal with now is getting sand onto the beaches. Ms. Busacca stated they did not have a plan; they are waiting to see if predisposition of juveniles is going to come back to the County; and her intent was to put the funds in the bank and hope they would offset any additional increases that the Legislature may give the County after the legislative session. Ms. Busacca stated if the session ends and the County finds that predisposition of juveniles did not happen and the State is not going to increase the Medicaid by a million dollars, it could look at those funds differently. Mr. Whitten advised in the special session, the Legislature did pass a bill; it is going to readdress it in the regular session; and right now the costs starting July 1 for predisposition of juveniles could be between $3.4 and $2.7 million, so there is legislation out there that causes some burden next year regarding predisposition.

Chairman Pritchard inquired if Commissioner Scarborough is suggesting lumping this with others. Commissioner Scarborough stated everyone lives through the storm; some people got hurt worse than others; and what they need to do now is bring themselves back whole, make things work, and then figure out how to get back in the budget. He stated this is an unusual time; there were some devastating storms; and his point with the item he pulled is to go ahead, make things right, and as they get into the budgetary process, they may want to do some things like borrowing from an enterprise fund. He stated they have a capacity to go ahead with sand; most people in the County think the Board should go ahead; and recommended going ahead, working through the process, and then working back in the budget this summer. He stated the things they do not want to integrate in that are long-term capital improvements; they can do some loans from enterprise funds; and everything is not going to be balanced in three months; but they need to have the County back into shape as rapidly as possible so he is happy doing it this way. He stated he is happy talking about integrating some things in and loans from enterprise funds where the Board can pay them back with a methodology as it works through the budget this summer; Ms. Busacca indicated last Thursday that they do not know what the numbers are going to be, so the Board can guess; but it is just a guess, and the Board will learn something in three months.

Commissioner Carlson inquired if the $775,000 can be taken from the TDC potential dollars that are going to come back from the fifth cent; with Commissioner Scarborough responding the Board should act on the fifth cent before it allocates it. Commissioner Carlson stated she understands that but $2.7 million of the fifth cent is being looked at right now. Chairman Pritchard stated the fifth cent can only be used for advertisement; with Commissioner Carlson responding she understands it would have to be organized in a different way. Chairman Pritchard advised it would be that portion of the third cent that is currently used for advertisement that could be used for something else. Commissioner Scarborough stated that would be appropriate; but recommended not trying to answer all the budgetary questions today. He suggested the Board say it wants to do it; if the simplest thing is to borrow from an enterprise fund, then the Board can always pay the enterprise fund off when it works the third and fifth cents; and inquired if that is bad accounting when the County just had a couple of hurricanes pass through; with Ms. Busacca responding no, but she does not know that there is that much money left in the enterprise funds any more. Ms. Busacca advised the only substantial amount of money the County has is in the insurance fund; and in that case, the County would have to pay itself interest so it would cost a little more. Commissioner Scarborough noted the County does not pay that much interest. Ms. Busacca stated it would be that or the money for predisposition of juveniles. Commissioner Scarborough stated he would prefer not to go to the juvenile issue because while it seems the Board has considered that issue, it really has not; and if the Board does it as a loan, it means it is deferring the decision. Chairman Pritchard stated then the Board is paying interest on deferring the decision; with Commissioner Scarborough advising it is paying it to itself. Chairman Pritchard stated if the Board were to take it from the predisposition of juveniles, because it does not know where that is going, then there is a cleaner use of the money; should the Board then need to deal with the issue of predisposition of juveniles, it can go to plan B, which would be to borrow from wherever if it does not have it within budgetary findings; and at least the Board would not be paying interest earlier. He stated one way or the other it is going to be needed; but with the predisposition of juveniles, it may not have to pay anything back based on what is going on in the Legislature. He stated he can understand Commissioner Scarborough’s comments, but he would rather take it from the predisposition of juveniles funds and deal with whatever else the Board has to deal with as it moves through the budget process, so it is not paying interest at this point.

Commissioner Scarborough stated Item IV.C.1 involves authorizing a temporary loan from insurance reserves; and the question he was going to ask was are there others that need to be made at this time so the Board can move expeditiously in taking care of things or is that going to be the last one the Board sees. Mr. Whitten advised it will not be the last one the Board sees. Commissioner Scarborough stated if the Board is going to be doing a number of these, it would be nice to pull them into this category, look at them, and then pull them back out and analyze which ones it wants to do with what; by doing it first putting them all on loan from the insurance reserve, and then categorizing them, which ones will be needed and which ones will not, if the Board does not take the $775,000 from the money previously distributed or allocated, it is still there; and the Board could come back and pay off a portion or whatever it wants to do at a later time. He stated he can support Chairman Pritchard; but he would prefer to look at them all going into this holding account, and then looking at them all as part of the budget, in terms of which ones it does what with; some of them the Board may find are actually of a longer term nature; and some of them may have certain relationships that make some sense.

Chairman Pritchard stated things other than this fit into what Commissioner Scarborough is saying; the insurance fund is an enterprise fund; but with the $775,000, there are other forces working; and the Legislature is working toward something that may take that cost and the potential for it coming back may not be there. Commissioner Scarborough stated if Chairman Pritchard prefers to go that way, it is fine. Chairman Pritchard stated the only reason is he hates to pay interest on something that the Board may not have to pay at all; and recommended taking the funds from what was returned to the County, and if it has to, it will play catch up then. Chairman Pritchard stated it has been a very unusual year, so the Board is going to have to be a little creative in how it is going to manage it.

Motion by Commissioner Colon, seconded by Commissioner Voltz, to approve Option 1, to allocate $775,000 from money previously budgeted for predisposition of juveniles to offset foregone savings and continue the beach quality fill project for stabilizing the dunes along the County’s Mid Reach and South Beaches, as previously approved. Motion carried and ordered unanimously.

DISCUSSION AND PERMISSION TO ADVERTISE ADMINISTRATIVE REZONING AND
COMPREHENSIVE PLAN AMENDMENT, RE: FORMER GRANT VOLUNTEER FIRE
DEPARTMENT PROPERTY

Commissioner Voltz stated this is the former Grant Volunteer Fire Department property that was GML land; and it needs to be rezoned because it does not belong to the County any more.

Duane Zamonis stated he is the retired Chief of the Grant Volunteer Fire Department; the land was purchased years ago by the volunteers who donated it and built the fire station; and they had an agreement with the County to have the fire station there and man it. He stated they are kind of like a subcontractor to the County; and they want the zoning changed to something usable as they cannot use GML-zoned property.

Chairman Pritchard stated BU-1 is good for the tax base. Commissioner Voltz stated it is right on the railroad tracks and no one else is going to want to be there. Commissioner Scarborough advised this will have to come back; this is just to initiate the rezoning; and there will be public hearings.

Commissioner Voltz stated BU-1 means it will have to go for a Comprehensive Plan change; with Planning and Zoning Director Robin Sobrino responding that is correct. Commissioner Voltz inquired if that would be the Board’s responsibility to do that; with Ms. Sobrino responding if the Board directs staff to administratively rezone the property, it would be necessary to do an administrative Small Scale Comprehensive Plan amendment to accompany it. Commissioner Voltz stated that is what she would like to do.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize initiating administrative rezoning of the former Grant Volunteer Fire Department property at 5455 Old Dixie Highway in Grant from GML to BU-1 and a Comprehensive Plan amendment from Residential 4 to Community Commercial. Motion carried and ordered unanimously.

AGREEMENT WITH LEISURE GRANT SERVICE, INC., AND AUTHORIZE INTERIM
COUNTY MANAGER TO EXECUTE GRANT PLANNING AND GENERATION PROJECT
AUTHORIZATION FOR MAX RODES PARK AND PRESERVE, RE: GRANTS
MANAGEMENT SERVICES FOR CAPITAL IMPROVEMENTS PROJECTS

Assistant County Manager Don Lusk stated this item is coming back to the Board with two requested actions; the Board is being asked to authorize the Chairman to execute the previously approved piggyback Agreement with Leisure Grant Services, Inc. and authorize the Interim County Manager to execute the Grant Planning and Generation Project Form for a grant for the new Max Rodes Park, which is a 100-acre parcel in South Brevard; and he can provide history if the Board is interested in that information. Chairman Pritchard stated he thinks all Commissioners have a good grasp of that.

Amy Adams stated she is a grants writer; she has been living and working in the County for approximately 12 to 13 years; her company name is Cape Canaveral Scientific; and they have been doing contracts for nine years. She stated for nine years they have been under contract
with the St. Johns River Water Management District; they have renewed that contract four times; and under that contract, they provide grant writing services to local governments and the Water Management District pays that fee for them to assist in writing, submitting, and lobbying to get grants funded. Ms. Adams stated they have a very good track record; a number of people have gotten to know her as Amy Grant instead of Amy Adams; and in the stormwater arena, they have a 95% award rate and in land acquisition about 98% award rate. She stated they tend to be fairly conservative grant writers; they do not go after everything; and they do a lot of homework before they actually submit. She stated if the Board talks to a lot of the local governments like the Cities of Cape Canaveral and Cocoa Beach, it will find they have actually talked them out of submitting for some grants because they were just not going to receive them so they did not want to ask the cities to spend money on their services. She stated she understands the Board has before it the services of Leisure Grant Service, Inc. out of Broward County; and inquired if there is a chance that a Brevard County taxpayer and business can compete for that. She stated she is asking for a level playing field to compete for those services and provide grant writing services to the County; they have been under contract with the County in the past to write EEL’s programs grants; they submitted them for Rockledge Park, a scrub project that had 40 landowners in 2003; and because their fees were so low Anne Birch was able to do it under $10,000, get three estimates, and get a purchase order within ten days. She stated they did the Thousand Islands project for Cocoa Beach; they submitted not only the Crawford homes segment, but also the Reynolds property that has received a lot of attention over the years; and both of those received awards and were funded. She stated they do a lot of FCT grants; they have done six to ten in the last two or three years; they do work for a number of other counties; and they have submitted several for the County. She stated they also worked with Stormwater Utilities Director Ron Jones on stormwater projects; and requested a chance to compete for the services before the Board.

Commissioner Voltz stated she talked to Ms. Adams by telephone about the complexity of the grant; and requested Ms. Adams go through the process for the Board as the County already owns the property and there is an issue there. Ms. Adams stated the Florida Community Trust grants are part of the Florida Forever program, which was originally known as the Preservation 2000 program; it has been ongoing; the application has changed a number of times; and the most recent application has been simplified. She stated they need to have information, knowledge, and expertise in developing the three major sections; they are very cumbersome applications that take some time; they are between 10 and 20 pages in length; it is necessary to cite a lot of the Comprehensive Plan to support the application; and they give a sample application attached to the application this year to show the types of questions and answers they are looking for. She stated the applications are cumbersome, bulky, and take a lot of work as far as crunching out man-hours; but if one has the technical expertise, he or she can crunch them out. She stated they did Anne Birch’s application a couple of years ago; she gave a tight timeline; and they banged it out in about two and a half weeks. She stated they are used to working under deadlines; they want to get the applications in; and it is what she does for a living.

Commissioner Voltz stated Ms. Adams mentioned that the property was already purchased. Ms. Adams stated it is a reimbursement; the risk is already taken out of the application; the County has already purchased the property and it is off the tax rolls; and the County has put the property at a low risk for FCT to consider. She stated the most important thing that has to be done before any application is submitted is to do a run-through on each question; this can be done by staff or a consultant; each question has five or ten points attached to it; and it is possible to run through a tally to get a score. She stated one can run through the whole application in approximately 20 minutes to add up the points; and if it does not add up to 150, the application should not be submitted. She stated that is what she does with all the local governments; and if they do not get to 150, they should not submit the application because they will not be in the money. Commissioner Voltz stated Ms. Adams was indicating that for $82,000, this is a no brainer. Ms. Adams stated she is on a first name basis with most of the staff in Tallahassee; she spoke with Delbert Harvey who is a senior acquisition agent; and he advised the average cost for a grant writer is between $5,000 to $12,000 per project depending on whether they have to do the preliminary site assessment on the property, which is approximately $2,500. She stated they have been charging between $6,000 and $8,000 per grant application; they have been doing it for a long time; and that is the average rate.

Chairman Pritchard stated Ms. Adams is occasionally employed by St. Johns River Water Management District; with Ms. Adams correcting the company is under contract with the District. Chairman Pritchard stated the cost for Ms. Adams’ service could be anywhere from zero to $8,000. Ms. Adams stated the St. Johns River Water Management District has employed their organization; they competitively bid for offering services; and their contract is to work for the District by going out to local governments and offering the grant writing services to acquire ecologically sensitive land, stormwater projects, or anything that would be environmentally beneficial to the Indian River Lagoon. She stated there has to be some sort of end benefit; they are particularly interested in the Thousand Islands project and acquiring that acreage; and the District told the City of Cocoa Beach that if it needed to resubmit that project, it would pay for their services to do the reworking of that application. Chairman Pritchard inquired if the District said that; with Ms. Adams responding yes, the District pays their fees, and has done so for nine years. Chairman Pritchard stated in the case of Max Rodes Park on Minton Road, what relationship does that have with the Lagoon; with Ms. Adams responding she does not know as she is not familiar with Max Rodes Park. Ms. Adams stated if there is some sort of stream running through it that eventually hits the Lagoon, it has some wetlands that connect it with the Lagoon, or there is significant acreage adjacent to the Lagoon and they can offer stormwater treatment area, those are the types of projects that the Water Management District would check off. She stated she has to go to her project manager and say she has a potential project in the County and ask whether there is interest in having her write it up for the County with the District paying the cost; sometimes they say yes, there is a direct benefit to the Lagoon; sometimes they do not see the benefit and ask for more information; and if there is not a direct correlation and benefit, the District will not pay the cost. Chairman Pritchard stated Mr. Kerr may have more insight about Max Rodes Park and how it could be in a relationship with the Indian River Lagoon. Ms. Adams advised she has not walked the site and does not know the area.

Bill Kerr stated he has been involved in the Indian River Lagoon Program for 15 years; for ten or eleven years they had a contract with a grant writer; it was competitively bid; there are four or five applicants; and there is talent in the County to write these kinds of grants. He apologized for not following the issue closely; stated he happened to see on television that it was coming before the Board; and he is present to let the Board know that for 15 years the Indian River Lagoon Program has competitively bid this kind of thing and options are available.

Chairman Pritchard inquired if Max Rodes Park falls into something the St. Johns River Water Management District would be interested in; with Mr. Kerr responding it would depend on where the drainage water from the park goes; he does not know on what side of the Atlantic Coastal ridge it is; if it is on the east side, it will drain to the Indian River Lagoon; but if it is on the west side, it will go to the St. Johns River. He stated if it does not drain to the Indian River Lagoon, then there probably will be no connection for the Indian River lagoon grants writer program, but that does not mean there is not some other funding available. He stated he is not prepared to discuss any of those options; but if the drainage water goes to the Indian River Lagoon, then the grant writing that is available under that program would be available to the County. Chairman Pritchard stated that would be zero cost to the County; but if it flows the other way, the cost would be $6,000 to $8,000; and the reason he is bringing this up is because it is a significant difference.

Commissioner Colon inquired if Mr. Lusk sees a problem with the Board trying to take advantage of someone who probably would be able to save the County some dollars. She stated she wants to make it clear that nothing jeopardizes going on with the project; they have waited a long time to get this going; and inquired if he feels that this would affect it in regard to possible condemnation and all kinds of stuff that they have going on with the park. She stated she wants to make sure this does not stop anything they are trying to go forward on with Max Rodes Park. Assistant County Manager Don Lusk stated his frame of reference has been since January 26, 2005, the day after the Board authorized the piggyback on the Broward contract; but he has learned a great deal since then. He stated he cannot answer all the questions about where it drains or anything of that nature; he would have to get an expert to do that; but he does have an understanding by talking to the consultant that the Board authorized them to use that there is a time crunch. He stated it takes time to write the grants; and he would be afraid at this point in time that if the Board changed horses in midstream, they may not be able to make the deadline of May 5 and get the dollars. He stated they have done preliminary scoring on this grant; they have over 150 points based on what they have done so far; so based on what the consultant says, they have a good chance of getting up to $1.2 million. Commissioner Colon inquired how did the grant writer get in the picture, and did they notify the County. Mr. Lusk stated Mr. Hemphill and Leisure Grant Services provided information to various Board members and they had an interest in working with him. Commissioner Colon stated the reason she is asking the question is if someone brings it to the Board’s attention to go after those dollars, even if there is a savings, she is uncomfortable because they are the ones that brought it to the Board’s attention. Chairman Pritchard inquired if Commissioner Colon is referring to changing horses; with Commissioner Colon responding that is the only part she is uncomfortable with.

Commissioner Colon stated the Board did not have a clue there was a grant out there; but somebody brought it to the Board’s attention and did the preliminary homework; and to change horses in the middle makes her uncomfortable even though she thinks they should keep Ms. Adams services available to the County.

Commissioner Carlson stated she agrees to a certain point; this came to her attention through past Commissioner Sue Schmitt who sits on the FCT Board; and she said that in the last couple of cycles nobody from Brevard County had submitted anything, but Ms. Adams said there were some submissions. Commissioner Carlson inquired if nothing happened with those submissions; with Ms. Adams responding all of them were awarded. Ms. Adams stated there was the Rockledge scrub project with over 40 landowners and over 1,000 acres; that was awarded for $6.6 million; the Thousand Islands project in Cocoa Beach was awarded for $1.78 million in 2003; and in 2004 they submitted one for Crawford Homes, which is also an adjacent group of islands in the Thousand Island area, to complete the acquisition of all those islands in 2004. Commissioner Carlson inquired was it a competitively bid process in the cities that hired the firm; with Ms. Adams responding yes, they competitively bid all those under RFP’s; and they are under contract with the Cities of Cape Canaveral, Cocoa Beach, Melbourne Beach, and Indian Harbour Beach. Commissioner Carlson inquired if the contract is based on trying to get the grant dollars and then taking a percentage; with Ms. Adams responding no, they have a flat fee of $70 per hour. Ms. Adams stated they estimate the number of hours they put into it; they do not get a percentage; the Water Management District would not allow that; and they base all their criteria and qualifications on the high criteria that comes out of the Water Management District, which is one of their major contracts. She stated they are under contract with the Indian River Lagoon Program, the Tampa Estuary Program, Southwest Florida Water Management District, the Sarasota Bay Estuary Program; and they have a number of contracts. Commissioner Carlson inquired if they are all open contracts; with Ms. Adams responding they are continuing service contracts. Ms. Adams stated for every grant they go after, they provide an estimate and then they get a purchase order for it; and they have to come back on every single grant. She stated it is an open-ended contract in that it is continuing services, but they have to come back for every grant application and tell how much it will cost, how many hours will be spent doing it, how much time for lobbying, and provide a bottom line number; and then it is authorized through the commission. Commissioner Carlson inquired over the years on an annual basis, what does the contractual amount end up being for the Water Management District; with Ms. Adams responding they have a $60,000 contract with the Water Management District, and they write ten grants for them every year. Commissioner Carlson inquired about the success rate; with Ms. Adams responding last year it was 100% and this year it is 92%.

Chairman Pritchard stated they apparently got the money for the Thousand Islands grant but the sale never went through. Ms. Adams stated what happens with the FCT grants is that they can write the application and get the award, but about nine months down the road everything gets turned over to FCT staff, which gets three major appraisals; they then do a review on the
appraisals and offer money to the landowners; and if the landowners are not willing to accept appraised value, then the deal falls through because the State is only allowed to provide appraised value and not pay market value. Ms. Adams stated in some cases the cities, towns, or counties are willing to make up the shortfall between the market value and the appraised value, and they have gone ahead and bonded money and so forth; but in other cases they have not been willing to do that. Chairman Pritchard inquired if Ms. Adams has done any Brevard County grants in the last couple of years; with Ms. Adams responding yes, the Rockledge scrub project, which was on a purchase order through the EEL’s Program. Chairman Pritchard stated this is the eleventh hour; the Board has been talking about this for the past couple of months; and they discussed whether they could or could not, how much it would cost, and what they are looking for. He stated the Board had Leisure Grant Services come to the County and spend 100 hours going through the various projects and selecting one; Mr. Hemphill indicated they do not like to do the smaller grants; and he found this one where he thought the Board had an excellent chance of getting $1,250,000. He stated he realizes Mr. Hemphill has a fee and the Board somewhat agreed to the fee of $82,000; but he brought the Board something it did not know anything about; and he wants to save money but he would be doing a disservice by taking something from someone who came to the County and said he could find these grants, has produced, and now the Board is going to give it to someone else who will do it for less. Ms. Adams stated she came today to ask to be put on a level playing field and to bid; there are number of grant writers in Brevard County; if the County had put out a letter of interest or an RFP, it would have seen people come out of the woodwork. Chairman Pritchard inquired what is it Ms. Adams is asking to bid; with Ms. Adams responding grant writing services to the County for an annual fee. Chairman Pritchard stated it was his understanding they did not have enough time to go through the RFP process, and that is why this was being pushed forward; and inquired about the deadline. Commissioner Voltz stated it was a May deadline.

Commissioner Carlson inquired if Ms. Adams said she had a purchase order from the EEL’s program, and was not under contract; with Ms. Adams responded they have never responded to an RFP with the County for grant writing services. Commissioner Carlson stated former Commissioner Sue Schmitt said in the last two years no applications have been submitted from the County. Ms. Adams stated that is interesting because she spoke with Sue Schmitt in person when she attended the FCT Advisory Board meetings; she told her she was from District 3 and lived in Melbourne Beach; she told her about the projects she was submitting; and she guesses Ms. Schmitt just does not remember speaking to her, but the entire contingent from Cocoa Beach went up there and spoke about their project.

Commissioner Voltz stated she does not like the way this looks.

Ms. Adams stated she is just asking to have a competitive process; and there will be other bidders.

Commissioner Scarborough inquired at this juncture, is the Board compelled to complete this, and is it essentially a closed deal. County Attorney Scott Knox stated the Board has been trying to award this contract for a while, but has not done that yet. Commissioner Scarborough stated they have not become contractually obligated to the point that they cannot have another conversation. Mr. Knox stated he does not see anyone’s signature on a contract yet. Commissioner Scarborough stated he appreciates Ms. Adams’ concern and the information she brought to the Board; however, Mr. Hemphill’s group did come forward. He stated the amount is unconscionable; it is just too much; and the Board needs to advise it does not want to take the contract away, but is not going to give $80,000. He stated there is a difference between $8,000 and $82,000; and recommended staff confer with Leisure Grant Service, Inc. and advise they still have the contract but not at $82,000; and that is fair. He thanked Ms. Adams for coming to the meeting because she wasted a whole day to help the Board in this process. Ms. Adams noted she is a taxpayer; she has lived in the County for 15 years; and she would like the contract for $82,000. Commissioner Colon stated if Ms. Adams had brought it to the Board, she would have it; and that is the difference.

Commissioner Voltz stated she is not going to vote for this; something does not smell right; and if the Board can get the same services for a whole lot less, it should go for it. She stated she will not spend this amount of taxpayer money when they know they can get the same thing for a whole lot less, so she will not be voting for it.

Interim County Manager Peggy Busacca reminded the Board that the Leisure Services contract is a piggyback on the Broward County contract, which means that the fees shown are those that would be required in order to do the piggybacking. Chairman Pritchard stated there can be no renegotiation; with Ms. Busacca responding that is correct.

Commissioner Colon stated that is the part that is awkward; and the reason this is awkward is because Leisure Grant Services brought it to the County’s attention. She stated Ms. Adams is saying she is a taxpayer from the County; she is all for folks from the County being able to get it;
and commented on the legality and ethical aspects of it. She stated someone brought it to the Board’s attention; the Board was ready to go forward; and now other folks are jumping on it. She stated she agrees with saving dollars, but these dollars are going to bring the County $1.2 million; and they need to be people of their word, and that means a lot. She stated she is not happy about paying that amount of money; but Leisure Grant Services brought it to the Board’s attention; and that is where she is uncomfortable. She stated it is like thank you very much, it is nice that they brought it to the Board’s attention, but now they are going to get something more inexpensive; and there is something wrong.

Chairman Pritchard inquired if Ms. Adams is saying she can meet the May deadline; with Ms. Adams responding yes, it is six to nine weeks out. Chairman Pritchard inquired if the Board decided to go with Ms. Adams, would it have to go through the RFP process; with Mr. Whitten responding the threshold for formal quotes is $15,000; there is the option to competitively
procure services when they are over $250; and the Board always has the option to do what it feels is in the best interest of the County, but in terms of purchasing policy, anything over $250 has to have at least three quotes. Chairman Pritchard inquired why; with Mr. Whitten responding staff asks that question all the time too. Chairman Pritchard inquired who has the power to change that; with Mr. Whitten responding the Board of County Commissioners. Chairman Pritchard stated the Board needs to address that; and the County Manager has an option to spend up to $30,000; with Ms. Busacca advising it is $35,000. Chairman Pritchard stated the Board has to go to three bids on $250; with Mr. Whitten advising within the $35,000, Ms. Busacca still is under the requirement for the three quotes. Chairman Pritchard stated he understands that part, but his point is the Board has given the County Manager authorization up to $35,000; and even though the same requirements are there, he thinks the requirement needs to be addressed and brought up to a more acceptable standard because $250 does not seem right. Chairman Pritchard inquired if because the Board piggybacked a contract, it did not have to go through the bidding process, and should it decide to go with another vendor, it would have to go through the bidding process.

Commissioner Carlson stated the question before was whether Broward County was competitively bid; and that got the Board off the hook to competitively bid, which is why everything ran though this quick process, because time was of the essence.

Chairman Pritchard inquired if the Board has to go through the bidding process, how long will that take; with Mr. Whitten responding normally it takes 30 days, but the Board can waive that if it desires. Mr. Whitten stated if the Board chose not to piggyback, it could go out for quotes or decide whatever procurement method it deemed in the best interest of the County. Ms. Busacca advised a quote is shorter than a bid process; with Mr. Whitten advising an informal quote is much shorter than a bid.

Commissioner Colon inquired if it would be possible to get these folks on the March 8, 2005 Agenda so the Board can be sure it is getting apples and apples because anyone can come and say they can do a grant. Commissioner Voltz inquired how about Thursday; with Commissioner Colon responding it is a little arrogant on the Board’s part to try to get people here in two days. Commissioner Colon stated if they can put it on the March 8 Agenda, they can get the folks before the Board and say there is someone locally who is able to give the Board a wonderful thing; the Board can compare apples to apples; and then they could justify better why they would be able to charge that kind of fee. She stated it would put the Board in a better posture, whichever way it votes; and at that point, they would still have about a month and a half to be able to work in regard to the deadline, which is crucial, so if it is okay with the Board, it needs to have those folks present to be able to go forward; and it is just fair.

Commissioner Scarborough inquired if Ms. Adams is saying she will do it for $8,000; with Ms. Adams responding yes. Commissioner Scarborough inquired how long to do quotes; with Mr. Whitten responding RFP’s are usually on the street for 21 days. Commissioner Scarborough inquired about quotes; with Mr. Whitten responding quotes are done as quickly as they can get three informal quotes. Commissioner Scarborough stated he does not think anything more than $12,000 is appropriate; that is a 50% premium to Leisure Grant Services for bringing it to the Board; and he is going to move that if they wish to take it for $12,000, the Board will do it; it is their problem to figure out how the contract works; and if it does not work, that is tough and staff calls for quotes. He stated if they do not accept the $12,000, there is a timeline or the County is going to lose $1.2 million; Commissioner Colon would be right if everything was in order; but there is a point that he cannot exceed and he is not going to vote for anything more than $12,000. Commissioner Voltz stated she agrees.

Commissioner Colon stated this is awkward because Ms. Adams is here; but the Board is just accepting what she is saying; and inquired how about the other folks and what ever happened to having both parties and hearing both sides of the story. She stated the Board does not know how many hours Leisure Grant Services has already worked, which means the Board will probably have to pay for it; it has to be fair; and the Board should be ready for that kind of payment. She stated if the Board has both parties forward, it still would give them plenty of time; she is uncomfortable about this; and they need to be people of their word. She stated she does not know if that means anything to anybody else; but it means to her that the Board voted on this; it said yes; and the least it can do is give an opportunity for Leisure Grant Services to come before the Board and hear that it is disappointed to find out it could have gotten this for less money.

Chairman Pritchard stated Commissioner Scarborough’s motion could be as he said and the Board would hear back by March 8. Commissioner Scarborough stated his problem is if Leisure Grant Services came in and said they wanted $112,500, he would say no because a 50% premium is all he is willing to go; and otherwise, it is inappropriate because it is tenfold more than what the Board is hearing. He stated people solicit business all the time; realtors do it on commissions, etc.; and they should be rewarded to some extent; but $12,000 is already $4,000 more than what Ms. Adams is willing to enter into a contract on right now. He inquired how much more of the taxpayers’ money can they spend and feel they have done the right thing; and he does not care what they say, a grant writer is a grant writer. Chairman Pritchard inquired if they come back and say it is not acceptable, then what; with Commissioner Scarborough responding then they get the quotes, the low person gets it, and they have plenty of time to get the $1.2 million.

Commissioner Colon cautioned about the consequences if for some reason the County does not get the grant; stated it is quite awkward; the Board had a firm that was going to do it versus an individual; and at that point they will be pennywise and pound foolish. Commissioner Voltz stated nothing is guaranteed; so the Board would never be able to say if it had gone with Leisure Grant Services, it would have gotten it; and inquired if Commissioner Scarborough is asking them to quote or bid along with everyone else. Commissioner Scarborough stated he is saying the Board will have the Chairman sign a contract at $12,000 because Leisure Grant Services brought this to the Board; that is a 50% premium; and if they are not, the Board already knows the quotes will come in at $8,000 or less. Commissioner Voltz stated the Board needs to get those other quotes. Commissioner Scarborough stated there needs to be a time limit on signing the $12,000 contract; within five days is appropriate; and if not, then the Board goes out on the quotes; and Ms. Busacca is authorized to proceed with the low quote. He stated if they have a meeting they will have Ms. Adams back, it will have Leisure Grant Services back; and he does not feel good about giving people that much money just to bring in something they read in a brochure.

Commissioner Colon stated she agrees; but it is also good to be able to look someone in the eye and be able to say this is how we feel about it; they are only talking about two weeks, March 8, to be on the Agenda. She stated they can send it out for quotes; she is all for that because Ms. Adams is not going to be the only one looking for it; everybody is going to know about it so the competition will be coming; and it is just fair. She stated they are able to go ahead and make sure the taxpayers get what they should be getting for their dollars; on March 8 they can have it on the Agenda with all parties involved; and on March 8 the Board will be more than comfortable to make a decision on how it goes and will feel it has done the appropriate thing.

Commissioner Carlson stated the Board is talking about going out for just this specific contract, not for the year; and the contract was just for this one item at $82,000, so the Board is only talking about getting quotes from others for one item because of the time constraints. She stated then it would go out for a continuous service contract for a year; and the Board can talk about that on March 8; and inquired if that is the intent of the Board; with Chairman Pritchard responding it works for him.

Commissioner Scarborough stated he had a motion on the floor; and inquired if there was a second; with Chairman Pritchard responding not yet.

Commissioner Colon seconded the motion.

Commissioner Scarborough restated this would be Leisure Grant Services has the contract without coming back to do anything if it is willing to go for $12,000; but if the $12,000 contract is not there within five days, staff goes out for quotes, and the person who gives the low quote has the contract and it does not need to come back. He stated Commissioner Colon was talking about bringing them back to the Board on March 8; his problem is he does not know why they want to bring everybody back on this particular item; if someone wants, he or she can make a motion to give more than a 50% premium; but the Board is not talking about anything but a premium for discovering this grant and bringing in it. He inquired how much is a reasonable premium; and stated he does not think tenfold is appropriate.

Commissioner Carlson stated Sue Schmitt is the one who brought it in; the last time the Board talked about this, it did not know it was going to cost $82,000; and she wants to be more responsible to the taxpayer than someone in Broward County that she does not know but looks like he is trying to rip the County off.

Chairman Pritchard stated that was the contract that came through; the Board looked at it and said it was going to move forward because of the time constraints and the amount of time the Board was told it would take to produce a product; but now there has been another voice come forward to say that things can be done in less time for a lot less money.

Commissioner Voltz stated she thought the Board talked about not knowing exactly how much this contract was going to be. Ms. Busacca stated they did not know how much the grant was going to be so they could not tell exactly; but Attachment E does show the fee amounts ranging from $16,000 to $142,000; and they could not tell it was going to be $82,000 until they knew that the grant was going to be between $1 million and $1.25 million. Commissioner Voltz stated she does not even know that the Board should be giving a 50% premium. Commissioner Scarborough stated he was just trying to be fair. Chairman Pritchard stated he thinks the Board should give the premium because Leisure Grant Services did invest time into this, 100 hours according to Mr. Lusk; with Commissioner Voltz stating she questions that. Chairman Pritchard stated Mr. Hemphill has been here a couple of times; he has done things; and he is not looking at this like he is in some sort of a bidding process. He stated this came about; the Board encouraged Mr. Hemphill to come back; 50% premium is appropriate; but if they choose not to take it, then the Board goes to Plan B, which will be the other quotes for this service for this one particular grant; and after that, the Board needs to address an annual contact for “x” amount of service. He inquired if the St. Johns River Water Management District does ten for $60,000; with Ms. Adams responding yes. Chairman Pritchard stated he does not know how many grants the Board may have that it can handle in-house versus how many more it might be able to handle if it had someone under contract, so that is something the Board can address at a later date. He stated that may not come up until May or June; but the proposal is reasonable; and the Board needs to go with that. He stated as to the issue coming back on March 8, he is not sure what purpose that will serve. Commissioner Colon stated it gives the Board an opportunity; she is all for hiring someone for $10,000 or $12,000; but it is funny how it was not an issue until it was brought to the Board’s attention that it was getting ripped off. She stated she is going to go with the Board today; but she thinks that is the wrong way of doing business; and March 8 will give them an opportunity to be able to discuss this issue. Chairman Pritchard inquired what is coming back, the entire issue or the part about the quotes; with Commissioner Colon responding the quotes. Commissioner Colon stated by then the Board will have quotes from everyone; and everyone will be able to be present. Chairman Pritchard stated the Board is giving Leisure Grant Services five days to respond to the $12,000 offer. Ms. Busacca advised that is the motion that is on the table right now. Commissioner Scarborough stated if the Board feels like it should give $24,000, it can; with Chairman Pritchard responding he does not, and it is a question of days. Commissioner Voltz responded no. Commissioner Colon responded not at this point. Chairman Pritchard stated what Commissioner Scarborough said is appropriate; a 50% boost for going through the drill is okay, and they have five days to respond; meanwhile, he will be asking for quotes from other grant writers; that takes them to the 27th; and the next Board meeting is March 8, 2005. Commissioner Voltz noted there is a zoning meeting on March 3. Chairman Pritchard inquired is that enough time. Commissioner Scarborough inquired if it even needs to come back. Chairman Pritchard inquired if it has to come back for Board action; with Ms. Busacca responding not if the Board authorizes her to sign the low quote. Commissioner Scarborough stated there is another possibility; if the Board really wants to bring it back, it could do it on the 3rd; and inquired do they necessarily have to take the low quote or can they look at the qualifications when they get the quotes. Mr. Whitten advised the Board could do request for proposals or letters of interest. Commissioner Scarborough inquired if they could get those by March 3; with Mr. Whitten responding the Board can do whatever timetable it wishes. Commissioner Scarborough stated if the Board is concerned about the qualifications, it would give that additional information; and he will change his motion if the seconder will accept. Commissioner Scarborough stated he will add getting the quotes back so the Board can see; and if someone wants $8,000 and another wants $9,000, but the person with the $9,000 quote has a wonderful track record, the Board may want to spend another thousand. Commissioner Colon stated she likes that. Mr. Knox suggested changing the standard to lowest and best bid; and then the Board can evaluate all that as part of it. Commissioner Scarborough stated that is his intention.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to restate the previous motion and if Leisure Grant Services does not accept the offer, to return to the Board on March 3, 2005, for consideration of awarding the quote to the lowest and best qualified firm. Motion carried and ordered unanimously.

Commissioner Voltz stated the Board may end up paying Leisure Grant Services some money even if it does not take the contract; with Chairman Pritchard responding that will come back.


RESOLUTION, RE: AUTHORIZING ISSUANCE OF BREVARD COUNTY CONSTITUTIONAL
GAS TAX REVENUE REFUNDING BONDS, SERIES 2005

Finance Director Steve Burdett stated this is refinancing bonds that were issued in the year 2000 for road projects; and the refinancing will save the Board about $90,000 to $95,000 a year for the next 15 years on these bonds. He stated the $95,000 saved could be applied to other road projects; the savings will be 4.25%; the Board policy is 4%; and they have also asked if the market moves to their disadvantage that they still be allowed to refinance if it gets to 3.5%.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution authorizing issuance of Brevard County Constitutional Gas Tax Revenue Refunding Bonds, Series 2005; authorizing the Financial Advisor, Bond Counsel, and Disclosure Counsel to prepare bond documents and take such necessary actions to permit the County to issue the Constitutional Gas Tax Revenue Refunding Bonds, Series 2005; authorize delegation to the County Manager or designee the authority to finalize the Notice of Sale, finalize the Preliminary Official Statement and the Final Official Statement, to select a Bond Insurer, registrar, and paying agent; delegation to the Chairman of the Board the authority to award the sale of the Bonds based on the criteria set forth in the Bond Resolution, sign all bond documents, and make necessary budget amendments.

Commissioner Voltz inquired how much money will the Board get back to do road projects; with Mr. Burdett responding $95,000 a year is the amount the County will not have to pay the bond holders; and if the Board wants a substantial amount of funds, it will have to look at other revenue sources.

Chairman Pritchard called for a vote on the motion. Motion carried and ordered unanimously.

APPROVAL OF GRANT APPLICATION AND EXECUTION OF DOCUMENTS BY INTERIM
COUNTY MANAGER, RE: CITIZEN CORPS AND COMMUNITY EMERGENCY
RESPONSE TEAM

Assistant County Manager Don Lusk stated this is for Emergency Management Director Bob Lay; they are two grants that he is applying for that have quick turnaround times; and one is for the Citizen Corps and the other is the Community Emergency Response Team. He stated they are $20,000 continuation grants that require no match.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve submittal of Sub-Grant Applications for Florida Citizens Corps and Community Emergency Response Team funding; and if approved, authorize the Interim County Manager or her designee to execute all necessary agreements, documents, resolutions, etc., and submit necessary reports and forms to the Florida Division of Emergency Management. Motion carried and ordered unanimously.

REQUEST TO REDUCE REPROCESSING FEE, RE: NORTH CYPRESS RESERVE PUD
ZONING ACTION

Bruce Moia, Mosby Moia Bowles & Associates, Inc., representing North Cypress Reserve, stated he is before the Board to apologize; he did not represent the item at the P&Z meeting through a miscommunication with the applicant; and to correct that he submitted an application to Zoning to place his company as the applicant so they will get all the correspondence from the County as well as be in attendance at those meetings. Mr. Moia stated there is a penalty for doing that; there is a reprocessing fee; they have no problem paying a reasonable fee; but this is a very large project and because it is a PUD there was a large initial application fee and the reprocessing fee is 80% of the original fee. He stated the reprocessing will not be any more for this project than it is for any rezoning or Comprehensive Land Use amendment; they are requesting the fee be reduced to a reasonable amount; and Mr. Enos has suggested that $2,500 would be more reasonable.

Commissioner Voltz inquired what would be an appropriate fee, and what has staff actually spent. Zoning Manager Rick Enos stated any amount over $2,471 would be appropriate; and that is based on what the reprocessing fee would have been if this had been a pure residential request instead of a PUD. He stated their costs are not substantially different for reprocessing a PUD than a residential class.

Motion by Commissioner Voltz, to reduce the reprocessing fee for North Cypress Reserve PUD zoning action to $2,500.

Commissioner Carlson requested Mr. Enos explain why there is such a large penalty on this item. Mr. Enos stated it is based on the original fee; the original fee is high because it is a PUD and there is a lot of effort for the original review of a PUD, much more so than any other rezoning classification; but the reprocessing of a PUD is not substantially different than any other classification because staff has already done all the review.

Chairman Pritchard inquired since the cost was $2,471, would it be more appropriate to make it that amount.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to reduce the reprocessing fee for North Cypress Reserve PUD zoning action to $2,471. Motion carried and ordered unanimously.

DISCUSSION, RE: CREATION OF CANAVERAL GROVES/PORT ST. JOHN GRISSOM
PARKWAY SMALL AREA PLAN COMMITTEE

Commissioner Scarborough requested authorization to proceed with the Canaveral Groves/Port St. John Grissom Parkway Small Area Plan Committee; stated there has been discussion about a small PIP area just before Camp Road; and they will learn more about the $21 million hospital facility Parrish Medical Center will be putting up just around the corner. He requested the group be allowed to get back together; stated they think there is a greater potential there than they originally assigned the land uses; and to get the community together with staff is appropriate. He stated they will be operating under the Sunshine Law and will get a report back to the Board. Commissioner Voltz inquired what something like this costs in staff time. Interim County Manager Peggy Busacca advised it is dependent on the number of meetings; but she will be happy to advise of the cost at the end of the process. Commissioner Voltz stated she is also looking at having one in South Brevard so she would like to know. Ms. Busacca stated one of the things she has considered is as the Board is asking for reports or small area plans, to give it some sense of what the cost would be; and that is not so much to discourage the Board from doing things, but giving it a sense of where money is being spent. She stated there are several small area plans that are going on and several small projects; and she will be delighted to do that across-the-board, if the Board would like.

Chairman Pritchard stated there are also citizen resources groups; he is interested in all the activities that require staff time; and he would like to know the cost because sometimes the Board might be a little free with saying it wants to do something without realizing what the cost of doing something is.

Commissioner Scarborough stated there are only a few interchanges in Brevard County; the one in question is a particularly nice one and is still developable; and if the County does not do the right things with land use, it will not send the right signals and perhaps not get the right motels, restaurants, etc. there. He stated while it may cost a little money to do it right, failure to give the right signals may have a negative impact on the long-term tax base of the County. He stated he does not think this will cost much; it will be just a couple of meetings; but the potential for increasing the tax base could pay for it in multiples annually. He stated a lot of times they ask what something costs, but they also need to be aware that the Board is doing zoning decisions without the benefit of seeing the potential of property; when he looks at a zoning map, he may say this is the first one, but maybe it should be going there, be more intense, and be commercial; and the current zoning around it may have been a mistake. He stated sometimes the Board needs to step back, particularly when there are dynamic factors like the investment of a hospital of $21 million; this is a small area, but it is a tremendously dynamic area; and the Board needs to ask what is the potential impact to the tax base by not doing it.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve creation of the Canaveral Groves/Port St. John Grissom Parkway Small Area Plan Committee; and request staff provide a report on costs for staff time used for all groups and reports. Motion carried and ordered unanimously.

APPROVAL OF TEMPORARY LOAN FROM INSURANCE RESERVES, RE: BUDGET
ACTIONS AS REQUIRED

Commissioner Scarborough stated he commented earlier on the item, and will move it now, but will ask Mr. Whitten to come back with all of the things because the Board is doing a disservice to staff and community in not identifying all the things that need to be done to make the community whole.

Commissioner Carlson stated she agrees; and inquired if Bob Lay will be doing a formal presentation to the Board about lessons learned from the hurricane. Commissioner Colon stated it will be done at the Summit. Interim County Manager Peggy Busacca inquired if the Board has any interest in holding a workshop about hurricanes and things to do differently next year; with Chairman Pritchard responding yes.

Commissioner Scarborough stated his point is the budgetary items, and encouraging the departments to come forward and say they need the money so the Board can provide it and they can finish things. He stated unless they send a memo out asking what is needed and do it all at once, the Board will not know and will be getting little fragmented pieces.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve temporary loan of $94,905 from Insurance Reserves to Fleet Services for the repair of three fuel island canopies; and approve all budget actions as required. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to request all departments come forward with items where they need funding to make themselves whole from the hurricane damage, and provide a complete report to the Board so it can take action. Motion carried and ordered unanimously.

Chairman Pritchard stated he likes the idea of a workshop; he would like to know what the County did, how well it did it, what it did not do, and how it can approve; and he would like to have Post Buckley Schuh & Jernigan present for the workshop. He requested Ms. Busacca set it up for whatever time it will work.

WARRANT LISTS

Upon motion and vote, the meeting was adjourned at 5:35 p.m.

_________________________________
RON PRITCHARD, D.P.A., CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
ATTEST: BREVARD COUNTY, FLORIDA

_____________________
SCOTT ELLIS, CLERK

(S E A L)