October 21, 2003

The Board of County Commissioners of Brevard County, Florida, met in regular session on October 21, 2003 at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairperson Jackie Colon, Commissioners Truman Scarborough, Ron Pritchard, Nancy Higgs, and Susan Carlson, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Ed Santana, Seventh Day Adventist Titusville Community Church, Titusville, Florida.

Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the July 17, 2003 Special/Workshop Meeting Minutes and August 21, 2003 Special/Workshop Meeting Minutes. Motion carried and ordered unanimously.

REPORT, RE: ITEM PULLED FROM CONSENT AGENDA

County Manager Tom Jenkins requested Item III.A.6., Approval, Re: Board of County Commissioners Zoning Meeting Schedule for 2004, be pulled from the Consent Agenda and heard at the end of the meeting.

REPORT, RE: NOVEMBER 17, 2003 WORKSHOP

County Manager Tom Jenkins stated there is a workshop scheduled for November 17, 2003 to discuss the budget process; and inquired if the Board would like to begin discussion on goal setting as well.

Commissioner Carlson suggested going over the goals the Board established so far and then coming back to see where it has gotten from that point.

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to authorize the County Manager to schedule goal setting along with the budget process for the November 17, 2003 Workshop. Motion carried and ordered unanimously.

REPORT, RE: CHARTER REVIEW COMMISSION MEETINGS

Commissioner Pritchard stated the Charter Review Commission meetings are now televised on Channel 1; and it includes the three meetings that will be held outside the Government Center.

REPORT, RE: SPACE COAST ART FESTIVAL

Commissioner Carlson introduced Sara Dessureau of the Space Coast Art Festival; and stated there is information set up in the lobby for anyone who is interested.

Sara Dessureau, representing Space Coast Art Festival, stated her organization’s mission is to provide a quality arts and entertainment festival each year; the Margaret Hines Gallery gives local artists a venue to show their work in Cocoa Beach; this is the Festival’s 40th Anniversary; and the judges’ reception will be held at the Pumpkin Center. She noted the organization could not achieve its objective without its volunteers and support of the City of Cocoa Beach, local businesses, and the Board; and she hopes the Board will be able to attend the Festival Thanksgiving weekend.

REPORT, RE: SCRIPPS RESEARCH INSTITUTE

Commissioner Carlson requested Mr. Jenkins see if the Board can get a report from the Economic Development Commission on whether or not Scripps Research Institute going to Palm Beach will change anything in Brevard County in terms of economic development strategy.

REPORT, RE: CONFLICT ATTORNEYS

Chairperson Colon stated she received a letter from Chief Judge James Perry relating to conflict attorneys; staff contacted some local attorneys; there were suggestions on advertising; and the deadline has been waived.

Assistant County Attorney Cliff Repperger stated the deadline was last Friday; a Selection Committee meeting is set for tomorrow; he is not sure how many applications have been received; and he does not know whether any of the attorneys had been approached as to whether they would be willing to fill two contract positions, which sometimes has happened in the past. Chairperson Colon stated some of the suggestions include the Florida Bar News and Brevard Bar Association.

Commissioner Pritchard stated the employment is $2,166 per month and will terminate June 30, 2004, which is because of Article V where the State will then take over the payments; he does not expect to have conflict attorneys work for little or no pay; and $2,166 is not a significant amount of money in terms of the amount of work an attorney puts into a case. He inquired if accommodations have been made for a caseload that would extend past June 30, 2004 or is the attorney supposed to be working the case based on the fee that he or she is paid prior to June 30, 2004.

REPORT, RE: CONFLICT ATTORNEYS

Attorney Repperger responded the County does not have any attorneys currently under contract due to actions taken by the Board at its last meeting; there are two positions under contract in two Divisions; the rest of the attorneys right now are being appointed at an hourly rate off of the contract because the attorneys did not sign the contracts; and they are being compensated under the Administrative Order, which can be up to $150 an hour per case. He noted while the County’s funding obligation for new cases ends on June 30, 2004, if the situation stays the same and the attorneys are appointed on cases that extend beyond June 30, 2004, the County will still have to compensate for those cases that are appointed prior to that date. He stated hopefully when the Selection Committee meets there will be enough attorneys to fill the vacancies and get them back under contract; any appointed cases that would occur up to June 30, 2004 would be compensated under the contract rate; and the County’s funding obligation would cease on June 30, 2004. Attorney Repperger stated any cases appointed up to that point would be finished by the attorneys that are under contract; but unfortunately, that situation does not exist right now.

Commissioner Pritchard stated if the County were to pick up more attorneys under contract and a case is assigned to one of the attorneys June 15, 2004, the County’s obligation ends June 30, 2004, but the case has just begun for the conflict attorney; and inquired does the County have an obligation to pay the attorney through the duration of the case it assigned in the middle of June 2004. Attorney Repperger responded the contract has historically been viewed as a time- driven contract and not case-driven; the attorneys have generally agreed that when their contracts expire, they have been fully compensated under the term of the agreement for any work performed on the case, even after the contract expired; and the attorneys have generally been willing to finish out their cases even if they have been appointed a case the week the contract expires. Commissioner Pritchard stated the contract pending now carries the same contract provisions as previous contracts; and when June 30, 2004 comes, the attorneys are off the pay, yet may continue for another month or two representing a client. Attorney Repperger noted that is correct.

Chairperson Colon stated this item was already before the Board and voted on; she did not want the discussion to be lengthy; otherwise, she would have put it on as an agenda item; and she basically wanted to give the direction of the deadline and look elsewhere to get conflict attorneys.

REPORT, RE: SEA ORDINANCE

Chairperson Colon stated she received the proposed Significant Environmental Areas (SEA) ordinance yesterday; and concerns were expressed at the Planning and Zoning Board meeting regarding such ordinance.

Commissioner Scarborough stated he would like to visit the Gainesville area prior to getting into discussions on the ordinance; the County may want to include people in the community on both sides of the issue to visit areas that have instituted regulations and see how it works; and the concern seems to be a need to know more rather than a conflict.

REPORT, RE: ENGRAVING ON COUNTY MARKER

Chairperson Colon stated she received a letter from the Department of Veterans Affairs requesting input on what she would like to see engraved on the County’s marker; and requested the County Manager schedule the item on the agenda for the Board to decide what it would like to see on the marker.

REPORT, RE: ITEM PULLED FROM CONSENT AGENDA

Commissioner Pritchard requested Item III.E.3., Approval of Policy BCC-11, Re: Payment for Membership in Professional Organizations, be pulled from the Consent Agenda. He noted a list was not attached and he would like to know what organizations are included and the total amount of money the County would be spending.

FINAL PLAT APPROVAL, RE: CYPRESS WOODS, PHASE 3

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant final plat approval for Cypress Woods, Phase 3, subject to minor changes if necessary, receipt of all documents required for recording, and the developer responsible for obtaining all jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH WINDEMERE SHORES, L.L.C., RE: IMPROVEMENTS IN CRANE’S
POINT, PARCEL 3, AQUARINA

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Contract with Windemere Shores, L.L.C. guaranteeing infrastructure improvements in Crane’s Point, Parcel 3, Aquarina. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH WILHELM REINDL, RE: TREASURE LANE

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Unpaved Road Agreement with Wilhelm Reindl for a building permit off an existing right-of-way known as Treasure Lane, which has been constructed to the standards of the Unpaved Road Ordinance, Section 62-102. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Unpaved Road Agreement with Wilhelm Reindl for a building permit off an existing right-of-way known as Goldrush Avenue, which has been constructed to the standards of the Unpaved Road

Ordinance, Section 62-102. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN AGREEMENT WITH MICHAEL KOTT AND MONICA
SCROGGIE KOTT, RE: PROPERTY OFF NORTH RIVERSIDE DRIVE

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Binding Development Plan Agreement with Michael Kott and Monica Scroggie Kott for development of property located in Section 36, Township 27S., Range 37E. off North Riverside Drive. Motion carried and ordered unanimously.

APPOINTMENTS, RE: TDC MEMBERS TO CHAMBER GRANT REVIEW COMMITTEE

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to appoint TDC members Commissioner Nancy Higgs, Laurilee Thompson, Tom Wasdin, Tom Hay, Anselmo Baldenado, Roger Dobson, Mayor John Mazziotti, Kendall Moore, and Randy O’Brien, and to serve as the Chamber Grant Review Committee to evaluate the 2004 Promotion and Advertising Chamber Grant applications. Motion carried and ordered unanimously.

APPROVAL, RE: CHOOSE LIFE SPECIALTY LICENSE PLATE REPORT

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute the Annual Choose Life Specialty License Plate Report with the State of Florida Department of Highway Safety and Motor Vehicles for the fiscal year ending 2004; and authorize the Chairperson to execute any future reports related to the program. Motion carried and ordered unanimously.

TERMINATION OF AGREEMENT WITH HOLEMAN SUMAN ARCHITECTS, UTILIZE
AGREEMENT WITH ARCHITECTS IN ASSOCIATION ROOD & ZWICK, INC.,
PERMISSION TO BID AND AWARD BID, AND EXECUTION OF CONTRACTS, RE:
SHARPES COMMUNITY CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize termination of Agreement with Holeman Suman Architects; authorize the use of the 18,000 square-foot community center designed by Architects in Association, Rood & Zwick, Inc.; grant permission to bid and award bid to lowest qualified bidder for Sharpes Community Center; and authorize the Chairperson to execute the associated contracts. Motion carried and ordered unanimously.

AUTHORIZE USE OF AGREEMENT WITH ARCHITECTS IN ASSOCIATION ROOD &
ZWICK, INC., PERMISSION TO BID AND AWARD BID, AND EXECUTION OF
CONTRACTS, RE: CONSTRUCTION OF RESTROOM/CONCESSION BUILDING
AT ROCKLEDGE PARK

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize use of Agreement with Architects in Association Rood & Zwick, Inc.; grant permission to bid and award bid to most responsive bidder for construction of a restroom/concession building at Rockledge Park; and authorize the Chairperson to execute the Contract. Motion carried and ordered unanimously.

AGREEMENT WITH WUESTHOFF REFERENCE LABORATORIES, RE: TOXICOLOGY/
HISTOLOGY SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Agreement with Wuesthoff Reference Laboratories for toxicology and histology services for the Brevard County Medical Examiner’s Office. Motion carried and ordered unanimously.

AGREEMENT WITH MEDTRONIC PHYSIO-CONTROL, RE: MAINTENANCE AND REPAIR
OF LIFE PAK CARDIAC DEFIBRILLATORS

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Agreement with Medtronic Physio-Control for maintenance and repair of Medtronic Life Pak Cardiac Defibrillators. Motion carried and ordered unanimously.

AGREEMENT WITH JONES, EDMUNDS & ASSOCIATES, INC., RE: BIOSOLIDS AND
SLUDGE MANAGEMENT AND DISPOSAL SPECIAL STUDY

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Agreement with Jones, Edmunds & Associates, Inc. to perform a Biosolids and Sludge Management and Disposal Special Study. Motion carried and ordered unanimously.

REJECT PROPOSALS AND AUTHORIZE RE-SOLICITATION OF NEW PROPOSALS, RE:
PROPOSAL #P-4-03-27, INVENTORY CONTROL AND WAREHOUSE MANAGEMENT
SYSTEM FOR FIRE RESCUE

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant permission to reject proposals received for Proposal #P-4-03-27, Inventory Control and Warehouse Management System for Fire Rescue; and grant permission for re-solicitation of new proposals under revised specifications. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY AND APPROVAL OF PUBLIC AUCTION, RE: SURPLUS
EQUIPMENT

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve removal of surplus vehicles and equipment declared uneconomical to repair by the custodians from the County’s Inventory; and grant permission to proceed with public sale and to accept or reject high bids in instances where the bid price is below the perceived value to the County, using experience from previous sales. Motion carried and ordered unanimously.

PERMISSION TO COLLECT FUNDS FROM TAX COLLECTOR’S OFFICE, RE: CONTINUED
SOFTWARE AND SYSTEMS SUPPORT

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant permission to collect funds in the amount of $189,695 from the Tax Collector in order to continue to provide software and systems support. Motion carried and ordered unanimously.

PERMISSION TO SEEK ASSISTANCE FROM COUNTY LOBBYIST, RE: DENIAL OF
FLORIDA RETIREMENT SYSTEM BENEFITS FOR BENEFICIARY OF RON BRIGHT

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant permission to seek assistance from the Lobbyist Spearman Management in obtaining Florida Retirement System benefits for the designated beneficiary of former County employee Ron Bright, who has been denied benefits. Motion carried and ordered unanimously.

APPROVAL, RE: 2004 HOLIDAY SCHEDULE

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve the 2004 Holiday Schedule, which provides for 11 paid holidays. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE AND SCHEDULE, RE: EXECUTIVE SESSIONS

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant permission to advertise and schedule an executive session for October 28, 2003 at 11:30 a.m. or as soon thereafter as possible to discuss proposed settlements and litigation strategy of Brevard County v. Susan Butler, Brevard County v. Raymond Amy, and Brevard County v. Dempsey Blanton. Motion carried and ordered unanimously.

AUTHORIZE SETTLEMENT OF CLAIMS, RE: JOHN C. MCDONALD

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize settlement of claims in the amount of $18,900 for John C. McDonald. Motion carried and ordered; Commissioner Higgs voted nay.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to appoint Bette Danse and Fran Gorecki to the Dogs on the Beach Study Committee, with terms of appointments expiring February 26, 2004. Motion carried and ordered unanimously.

APROVAL, RE: BILLS AND BUDGET CHANGES

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

PERMISSION TO AWARD BID OR PURCHASE OFF STATE CONTRACT, RE: HEAVY
EQUIPMENT BUDGETED FOR FY 2003-2004

Commissioner Higgs noted the acquisition of equipment is in excess of $2 million coming off the State Contract.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant permission to award bid to low bidder or purchase off of State Contract if unavailable locally, heavy equipment budgeted for purchase in FY 2003-04, including one pickup truck, four 4x4 pickup trucks, one sports utility vehicle, two fifth-wheel tractor trucks, one mechanic truck, two water tank trailers, one trailer with irrigation pump, one grader, one compactor, two loaders, one switching tractor, one man lift JLG, one roll-off truck, one off road fifth-wheel tractor 6x6, and one rubber wheel excavator. Motion carried and ordered unanimously.

RESOLUTION, RE: WELCOMING CAPTAIN WINSTON E. SCOTT

Commissioner Scarborough read aloud a resolution welcoming Captain Winston E. Scott (USN Ret.) to Brevard County.

Captain Winston E. Scott expressed appreciation to the Board for the Resolution; stated the country is still reeling from the loss of Columbia and seven astronauts a few months ago; in light of that, the future of space is extremely bright; this morning the Russian Soyuz docked with the International Space Station; and space is alive and well. He noted there were two astronauts on board--a Russian cosmonaut and an American astronaut, who is going to be the next space station commander; the Japanese are testing a brand new rocket; the Chinese just became the third human presence in space by launching and recovering a person from space; and NASA has two probes in route to Mars scheduled to land in January 2004. He stated the Florida Space Authority is getting ready to open a $30 million space life sciences lab November 19, 2003; experiments will be processed and will go to the International Space Station; the Board is invited to the ribbon cutting; and International Space Research Park is getting ready to be anchored at Cape Canaveral and Kennedy Space Center. Captain Scott noted there will also be a ribbon cutting for new Launch Complex 47; State elected officials are talking about what it takes to bring Scripps Institute to the State of Florida; and they are hoping that the Institute relocating to Florida can tie into the Space Life Sciences Lab in Brevard County. He stated Florida Space Authority’s job is to keep the State of Florida in the forefront of space exploration; and he looks forward to working with Brevard County on keeping the State strong in space.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution welcoming Captain Winston E. Scott (USN Ret.) to Brevard County, as he assumes the duties of retaining, expanding, and diversifying Florida’s space-related businesses, institutions, and infrastructure through economic and academic development programs. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING UNITED NATIONS DAY

Chairperson Colon read aloud a resolution proclaiming October 24, 2003 as United Nations Day in Brevard County.

Commissioner Pritchard stated he has a problem with the resolution; the resolution includes, “an unparalleled impact on relationships” and mentions “advancement of human rights” twice; the United Nations, in particular, the United Nations Commission on Human Rights is abysmal; and on that Commission are Algeria, Cuba, Libya, and Syria; and if anything, these countries have destroyed human rights. He noted he finds it difficult to support a resolution promoting an organization that has countries such as this that destroy human rights; and he will vote nay on the resolution.

Chairperson Colon stated the resolution is one the Board adopts every year on behalf of Brevard County, so it is not something that is unique for this year.

Commissioner Scarborough stated he does not believe it would be appropriate in a resolution to have a member of the Board with such strong feelings in opposition; and he would like to defer the resolution to see if it could be worded in a way to express the Board’s comments and thoughts in a unanimous manner.

A representative for United Nations Day stated the United Nations is the only peaceful pathway to conflict resolution, especially at this time when there is so much trial and tribulation on the Earth; and it is the only balancing act and instrument available to find a way to peace. She stated the United Nations has worked very hard also in the area of health and peace-making and peace-building; and they have saved millions of children by vaccinations and other health issues. She noted the United Nations does a great deal of work in saving human life; the baby should not be thrown out with the bath water; if there are some reforms that might come down, which the United Nations are planning to work on, then the chance should be given as the whole world depends on this kind of avenue for peace.

Commissioner Carlson stated she agrees with the representative’s comments; the United Nations has been an advocate for conflict resolution; the information Commissioner Pritchard brought forward in having the entities on the United Nations Commission has everything to do with the advancement of human rights; and who better to be on that Commission than to have those people who are so far behind in terms of their philosophy. She noted that is the whole idea behind the United Nations; it is the only course toward world peace; and she does not have any problem adopting the resolution today.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution proclaiming October 24, 2003 as United Nations Day in Brevard County and urging the support from both the United States government and the American people.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to table Resolution proclaiming October 24, 2003 as United Nations Day in Brevard County and urging the support from both the United States government and the American people. Motion did not carry. Commissioners Scarborough and Pritchard voted aye; Commissioners Higgs, Carlson, and Colon voted nay.

Commissioner Pritchard stated besides the human rights issue is flagrantly abused in the resolution; he does not see how one can take a position that the United Nations is working toward world peace when they have organizations that host terrorists camps that provided people that blew up American buildings; how one can equate human rights with the status of these countries is beyond him; and the United Nations is also putting economic sanctions on the United States on how it can not only do business, but operate its factories. He noted the United Nations is also allowing other countries and emerging nations to absolve themselves of the same conditions that they want to impose on the United States; the United Nations is not very United States friendly, which needs to be recognized; in the quest for world peace, the United Nations has not done its job and has outlived its usefulness; and the United States would be better served if it got out of the United Nations.

Chairperson Colon stated the way the Resolution is written right now has the approval of three Commissioners and will pass; and one of the things Commissioner Scarborough mentioned is to see if the representative could work with the County in regard to the wording. She inquired if there is a problem with that; with the representative responding negatively. The representative stated October 24, 2003 is the 58th birthday of the United Nations; and inquired if the wording can be resolved in time to celebrate that day. Chairperson Colon noted the next Board meeting is October 28, 2003.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution proclaiming October 24, 2003 as United Nations Day in Brevard County and urging the support from both the United States government and the American people. Motion carried and ordered; Commissioner Pritchard voted nay.

RESOLUTION, RE: PROCLAIMING DISABLED AMERICAN VETERANS FORGET-ME-NOT
WEEK

Commissioner Pritchard read aloud a resolution proclaiming October 16 through 25, 2003 as Disabled American Veterans Forget-Me-Not Week.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt Resolution proclaiming October 16 through 25, 2003 as Disabled American Veterans Forget-Me-Not Week and urging the support of all citizens, businesses, and organizations in this worthy effort. Motion carried and ordered unanimously.

A representative of Disabled American Veterans expressed appreciation to the Board for the Resolution.

RESOLUTION, RE: COMMENDING BREVARD WORKFORCE DEVELOPMENT BOARD,
INC.

Commissioner Carlson read aloud a resolution commending Brevard Workforce Development Board, Inc. for its outstanding dedication and achievements.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution proclaiming Brevard Workforce Development Board, Inc. as a leader in the State of Florida for innovative workforce practices on the occasion of Workforce Florida, Inc.’s First Annual Senator George Kirkpatrick Innovation Award. Motion carried and ordered unanimously.

Linda South, representing Brevard Workforce Development Board, Inc., expressed appreciation to the Board for the Resolution; stated on behalf of the Board of Directors, staff, contractors, and partners, the organization is delighted to have its work recognized; it vows to diligently continue the work everyday in helping move families into prosperity and helping the business community get the staff and trained talent needed to move forward; and the recognition is validation of the hard work over many years, hours of volunteer time, and heartfelt staff work.

RECOGNITION, RE: FALL 2003 GRADUATING CLASS FOR CITIZENS ACADEMY

Special Projects Coordinator Marea Assante, presented the 2003 Fall graduating class for the Brevard County Citizens Academy. She noted the session started in August 2003 with both a morning and evening session running simultaneously; the Citizens Academy is a free nine-week educational program consisting of one three-hour meeting per week and one half-day Saturday tour; County Departments were involved in the planning stages, as well as being guest lecturers; and the Departments and Offices include the County Manager’s Office, Space Coast Government Television, Public Safety, Emergency Management, Animal Services, Water Resources, Solid Waste, Natural Resources, Agriculture and Extension Services, Mosquito Control, Transportation Planning, Transit Services, Transportation Engineering, Parks and Recreation, Library Services, Housing and Human Services, Planning and Zoning, Permitting and Enforcement, Office of Tourism, Budget Office, Strategic Planning, and Legislative Delegation Office. She stated evaluations were conducted after each session and the Academy and presenters consistently received very positive feedback; the next session of the Citizens Academy will be in the Spring of 2004; citizens may register on the County’s website or call 633-2010 and request an application from the County Manager’s Office; and applications are accepted on a first-come, first-served basis.

Chairperson Colon handed out the diplomas to the 2003 Fall graduating class for the Brevard County Citizens Academy, as follows: Patricia Barker, Mary Bolin, Stuart Borton, Hazel Buggs, Margaret Crockett, Claire Gambao, Donald Harry, Patricia Hathaway, June Johnson, Bob Ludwiczak, Dennis MacKee, Richard Moore, Elizabeth Morse, Richard Morse, Janice Murray, Dianne Parker, William Payne, Kay Perkowski, Julian Saxe, John Stroud, Ralph Stroud, Jim Thomas, Dorothy Vickery, and Ed Woodell.

Chairperson Colon stated the Board is proud to have the graduates as part of the community and taking the time to learn about Brevard County; and expressed appreciation to the individuals for their hard work.

Commissioner Carlson noted she particularly likes to look at the graduates when she is making appointments to Citizen Advisory Boards; and if there is anyone who lives in District 4 with a particular interest, they can contact her office. Chairperson Colon stated the graduates are welcome to call each of their Districts if they are interested in particular Advisory Board appointments.

County Manager Tom Jenkins acknowledged the County staff that takes time in the evenings and other times to participate in the Citizens Academy.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN SECTION 26,
TOWNSHIP 26S., RANGE 36E. - PINEDA PARTNERS, L.L.C.

Chairperson Colon called for the public hearing to consider a resolution vacating right-of-way in Section 26, Township 26S., Range 36E., as petitioned by Pineda Partners, L.L.C.

Commissioner Carlson stated there is a letter from Mr. Evans requesting the public hearing be continued to the November 18, 2003 meeting.

There being no further comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Higgs, to continue the public hearing to consider a resolution vacating right-of-way in Section 26, Township 26S., Range 36E., as petitioned by Pineda Partners, L.L.C. to the November 18, 2003 meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS/
CHIPEWA DRIVE IN BAREFOOT BAY, UNIT 2, PART 10 - ABBOTT
MANUFACTURED HOUSING, INC.

Chairperson Colon called for the public hearing to consider a resolution vacating public utility easements/Chipewa Drive in Barefoot Bay, Unit 2, Part 10, as petitioned by Abbott Manufactured Housing, Inc.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Pritchard, to adopt Resolution vacating public utility easements/Chipewa Drive in Barefoot Bay, Unit 2, Part 10, as petitioned by Abbott Manufactured Housing, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT/FABIAN CIRCLE IN SIX MILE CREEK, PHASE II - HEBER AND
TEODORA ROUSE

Chairperson Colon called for the public hearing to consider a resolution vacating public utility and drainage easement/Fabian Circle in Six Mile Creek, Phase II, as petitioned by Heber and Teodora Rouse.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution vacating public utility and drainage easement/Fabian Circle in Six Mile Creek, Phase II, as petitioned by Heber and Teodora Rouse. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING INGRESS/EGRESS AND PIPELINE
EASEMENTS IN SECTIONS 1 AND 6, TOWNSHIP 21S., RANGE 34E. - CREECH
ENGINEERS

Chairperson Colon called for the public hearing to consider a resolution vacating ingress/egress and pipeline easements in Sections 1 and 6, Township 21S., Range 34E., as petitioned by Creech Engineers.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution vacating ingress/egress and pipeline easements in Sections 1 and 6, Township 21S., Range 34E., as petitioned by Creech Engineers. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING LANDSCAPE, DRAINAGE, AND
PUBLIC UTILITY EASEMENT IN SECTION 24, TOWNSHIP 26S., RANGE 36E. -
NORMA AND RONALD LEVY

Chairperson Colon called for the public hearing to consider a resolution vacating landscape, drainage, and public utility easement in Section 24, Township 26S., Range 36E., as petitioned by Norma and Ronald Levy.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution vacating landscape, drainage, and public utility easement in Section 24, Township 26S., Range 36E., as petitioned by Norma and Ronald Levy. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT/SUNTREE WOODS DRIVE IN SUNTREE WOODS SUBDIVISION -
WILLIE W. AND NANCY GRAY

Chairperson Colon called for the public hearing to consider a resolution vacating public utility and drainage easement/Suntree Woods Drive in Suntree Woods Subdivision, as petitioned by Willie W. and Nancy Gray.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution vacating public utility and drainage easement/Suntree Woods Drive in Suntree Woods Subdivision, as petitioned by Willie W. and Nancy Gray. Motion carried and ordered unanimously.

REQUEST FOR WAIVERS, RE: DUN HUNTIN SUBDIVISION

Commissioner Pritchard stated Jim Swann is not present, so he will move to table the item to the October 28, 2003 Board meeting; and he has a question about item 6, which is to waive the swale construction requirement along the north and south property lines. He inquired if staff has

REQUEST FOR WAIVERS, RE: DUN HUNTIN SUBDIVISION

any comments; with Permitting and Enforcement Director Ed Washburn responding Mr. Swann would need to be present to address all the waivers.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to table request for waivers for Dun Huntin Subdivision to October 28, 2003 as the applicant was not present at the meeting. Motion carried and ordered unanimously.

AGREEMENT TO EXTEND CONTRACT WITH COASTAL HEALTH SYSTEMS OF
BREVARD, INC., RE: MEDICAID NON-EMERGENCY TRANSPORTATION SERVICE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement to Extend Existing Contract with Coastal Health Systems of Brevard, Inc. to provide Medicaid Non-emergency Transportation (NET) service for an additional two-month term, through November 30, 2003, with 30-day extensions. Motion carried and ordered unanimously.

BOARD CLARIFICATION OF ZONING ACTION, RE: BDP FOR BDM FINANCIAL AND
JACOB AARON CORPORATION

Assistant County Manager Peggy Busacca stated the issue is whether or not BDM Financial and Jacob Aaron Corporation has to require their Binding Development Plan (BDP) to be submitted within 19 days or if the Board’s intent was to allow the full 120 days under the Statute.

Commissioner Scarborough stated when he asked Rick Enos about the item, Mr. Enos indicated that the zoning action the Board took is not effective until the BDP is recorded; therefore, the time restraints on the County’s end are irrelevant; normally there is 120 days to bring something together; and there are some purchase and sale arrangements, but they have not been forthcoming.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Option 2, to review the Binding Development Plan for BDM Financial and Jacob Aaron Corporation, but allow the applicant the full 120 days for recording purposes. Motion carried and ordered unanimously.

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVAL, RE: WALKABOUT WAY
AND POD 9 WALKABOUT PUD

Assistant County Manager Peggy Busacca stated staff recommends approval of the item.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant final engineering and preliminary plat approval for Walkabout Way and POD 9 in Walkabout PUD, contingent upon successful vacating of utility easements in Walkabout PUD, minor engineering changes as applicable, and developer obtaining all required jurisdictional permits. Motion carried and ordered unanimously.

APPROVAL OF RECOMMENDATIONS AND EXECUTION OF AGREEMENTS, RE:
COMMUNITY ACTION BOARD RECOMMENDATIONS FOR FUNDING

Housing and Human Services Director Gay Williams stated staff has provided the recommendation of the Advisory Board for the non-profit organizations; it has also responded to certain inquiries of the Board, one of which would have allowed for reallocation of dollars of about 12% reduction to the recommended agencies without any reduction to Child Care Association or Community Services Council; each of the agencies would receive 12% less than the recommended funding by the Advisory Board; and it would allow for an additional $72,329, which would be available for elderly services. She noted the only action the Board would have to take would allow the funding to be changed; and Child Care Association’s dollars would come through Community Based Organizations (CBO) and Community Services Council’s dollars would come through the Community Development Block Grant (CDBG), which would allow the County to amend the Consolidated Action Plan (CAP).

Commissioner Higgs noted the changing of the allocations between the different funds simply allows the County to receive credit through the TANIF match; it does not change the allocations to those groups; the proposal staff has given to the Board allows the County to provide funding for important elderly services, which includes daycare for citizens suffering from dementia and Alzheimers; and it is an important thing the County has been a participant in for a number of years. She stated it is a solution and one that the Board should seriously consider; and it is her intention to move the item at the appropriate time.

Commissioner Carlson stated the CAP has the priorities set in terms of where the high priority areas are in the community; and this reflects that. She inquired does it adjust for the elderly community and still keeps it in line with the CAP; with Ms. Williams responding yes.

Chairperson Colon noted she understands the philosophy behind trying to help underprivileged kids with uniforms and equipment; there are a lot of kids throughout the County who probably would be able to take advantage of these kinds of dollars; it could be more allocated as grants; and perhaps Housing and Human Services Department or Parks and Recreation Department could have those types of dollars given out in that format if it is all right with the Board. She stated there are children not just in Rockledge and Merritt Island who could use such dollars.

Commissioner Pritchard stated he does not disagree with Chairperson Colon; there are about seven football organizations throughout the County; selecting two without understanding why five organizations were omitted would be important; but at this point, it is best to let this go as it is; and over the course of next year, he wants to examine every one of the programs. He noted he has to question all of the programs that seem to be directed toward the Hungry and Homeless, etc.; and he wants to question each Agency, look at the 990 Forms turned in to make sure the money goes where it is supposed to, ask the committee that made the decisions why it did so, and have them present when the Board goes over the list. He stated many items have fallen off the contribution list or have come and gone during the time the County has been providing funding; it is time to address the entire list; he is not opposed to the two football issues; and his question is why the other five organizations were not included.

Chairperson Colon inquired about the status of the Child Protection Team (CPT). Ms. Williams responded the CPT contacted her Office; staff is reviewing the information provided and has requested additional information from the CPT; so it has not completed its research or assessment. Chairperson Colon stated she is showing under the CPT $15,000 and for 2003 $25,000, and inquired is it a requested increase; with Ms. Williams responding yes. Chairperson Colon noted if the County is obligated to give the monies to the CPT, it needs to discuss the issue and try to identify how the funding would be allocated. Commissioner Higgs stated if the County is compelled by State law to provide the funding then it should not be part of this particular public service and CBO list; and the Board could assess whether or not it has to provide the funding. Commissioner Carlson inquired is this the first year the program logic model has been applied; with Ms. Williams responding no. Commissioner Carlson inquired are there outcomes that were demonstrated by those that got the grants this year; with Ms. Williams responding yes. Commissioner Carlson inquired is the information in the packet; with Ms. Williams responding affirmatively.

Chairperson Colon inquired if the Board concurs with Commissioner Pritchard in regard to the football teams and letting the dollars stay the way they are. Commissioner Scarborough stated he is averse to making a comment until he hears from the public. Commissioner Higgs noted she is interested to hear what the public says, but if the Board proceeds with the list as it is with the amendments, individuals are moving forward to deliver their services. She stated she is interested in moving the programs forward; she understands the concerns; however, at this point, she is open to further discussion but would probably move forward with this year’s list. She stated the particular issues could have staff’s comments on how to review all youth sports in the future; the Board is supportive of it and the TIP Program; but she is not sure this is the time to do it. Commissioner Scarborough expressed concern with the Alzheimer’s Foundation; stated if there is not respite for the caregiver, some people end up in nursing homes; it is a human tragedy; and it causes the County to participate in the Medicaid contribution as it is both a State and federal program and impacts the taxpayers and human lives. He noted he does not understand the significance of youth football in comparison to disruption of the lives of the elderly and the impact on the taxpayer. Commissioner Higgs stated the County has identified the monies in the proposal. Commissioner Scarborough noted there is a reduction from last year and the needs are increasing. Commissioner Higgs stated the County has other monies available if the Board wants to look at it; such monies could be shifted; the County has made great progress on the issues and the proposal before the Board today; and it can move forward on it as it is and work on other issues as the year proceeds. Commissioner Pritchard stated the Hungry and Homeless of Brevard County, Inc. received nothing last year, and this year it is $58,000; and he agrees with Commissioner Scarborough about the Alzheimer’s Foundation. Commissioner Scarborough stated the Alzheimer’s Foundation is a separate issue; it allows the care-giving spouse to drop off the spouse with dementia and Alzheimer’s where he or she can have a few minutes of non-caring; without this opportunity, there is a psychological lapse of the caregiver, which mandates placing that spouse in the nursing home and impacts not only the family, but the County’s general revenue; and there have been hundreds of thousands of dollars of increased impact by the State shifting the costs to the County. Commissioner Pritchard noted he supports the Alzheimer’s Foundation; and perhaps more money could be awarded to the Foundation if the monies were taken from the Hungry and Homeless of Brevard County, Inc. Chairperson Colon stated the Board needs to make sure there is a nice balance in the community; and it is going to try to be as fair as possible.

Joe Steckler, representing Brevard Alzheimer’s Foundation, stated Commissioner Scarborough has pointed out the needs; it is not just an Alzheimer’s program, but it includes a community services program and community care for the elderly; it is everything working together that makes the care system what it is in Brevard County; and it is one of the best systems anywhere. He noted he has reviewed a lot of programs throughout the United States; last year there was an award of $50,000 more than the Alzheimer’s Foundation normally received; the timing was extremely important as the money went into effect on October 1, 2002 and on October 26, 2002, the Foundation received its last Medicaid waiver client dollars; and there have been no new Medicaid waiver client dollars open in Brevard County since October 26, 2002. He stated when the Foundation counts on $408,000 as part of a business plan to be able to pay the bills and people to take care of people and it goes away, it has to scrape to find ways to do that; it increased its fund-raising potential to $250,000 a year; there are partnerships in the County; and the Foundation is working with Ms. Williams on bringing a $5.6 million dementia program to Brevard County. Mr. Steckler noted there is a diversion project that is worth $68 million; the Foundation has fought for five years to bring part of the program here; and it is going to take three or four months before the program happens. He stated part of the problem is the Department of Children and Families (DCF); people do not progress through the system fast; it is important to understand how the Alzheimer’s Foundation and other elder programs in the County make it through a crisis, which has been brought about by the failure of the State to free up Medicaid waiver dollars; and dollars are available, but the Foundation cannot get them. He stated the Foundation will appreciate whatever the County can do to assist it.

Kim Roberts, Executive Director for Brevard Alzheimer’s Foundation, expressed appreciation to the Board, Advisory Board, and staff who have supported the Foundation through generous funding over many years; stated if the funding is not continued, it would directly impact 200 individuals and families Countywide; and the needs for seniors are dramatic and increasing. She noted Florida has the 12th oldest senior population in the State, and the County has the seventh oldest senior population; Brevard County is vastly approaching a 100,000 senior population with about a 500,000 base population; one out of every 10 persons is diagnosed with Alzheimer’s; and there are other dementia-related issues and frail elder issues in the community. She stated the services provided through the Foundation include daycare and support for families and the community; it is an intergenerational and community issue; there have been significant cuts in funding across-the-board in the State and County; and it has impacted organizations such as the Foundation that provide services. She noted without continued funding, the Foundation cannot provide critical services that have to take place; it takes in families who have no where to go; it is a lead agency in the community; and it does whatever is necessary, including having fund-raisers. She stated the Foundation goes the extra mile to meet and exceed expectations to make sure the families receive the services that will make a difference. Ms. Roberts expressed appreciation to the Board for the past funding; and requested its support today for continued funding.

Commissioner Pritchard stated there is a monitoring program for Alzheimers and other dementia victims; it is about $1,200 for a bracelet; and inquired does the Foundation provide the bracelets. Ms. Roberts responded there is a wanderers program; the Foundation provides an application to someone who can go to a local sponsored drug company in the community to receive a free bracelet; and the bracelet Commissioner Pritchard described is a more extensive and expensive option.

Chairperson Colon noted perhaps there could be a partnership with the Department of Corrections, which has the database and tracks individuals who are on house arrests.

Bill Hoskinson, representing Community Services Council, stated the County does not fund the Council, but services or matching grants; the Council is paying for the overhead; the Council serves people who have worked all their lives, went through the Depression and wars, and retired to Brevard County with a substantial savings amount; and one catastrophic illness can wipe someone out in a few months and they need assistance. He noted the Council delivers Meals-on-Wheels; it helps people bathe, buy their groceries, clean their houses, and do whatever it takes to help people stay in their own homes; the Council is not a home health agency, but it provides other services to make it possible for seniors to live at home and not go into an institution; and the largest, most expensive, and fastest-growing portion of every State’s budget is Medicaid. He stated a lot of the Medicaid budget is getting passed on to the County; the more people who can be kept in their own homes and out of institutions, the more money it is going to save the taxpayers; there are 22 clients in daycare provided by the Alzheimer’s Foundation that are funded through programs that his Council operates; the Council works closely with the Foundation; such Foundation does terrific work in the community; and the Council supports the funding. Mr. Hoskinson expressed appreciation to County staff for its efforts during the process.

Commissioner Scarborough inquired about the dollar match with Meals-on-Wheels. Mr. Hoskinson responded there is a total budget of about $5 million; about $2 million is federal money, $1.5 is State money, and the rest of the funding comes from the County; the Council administers about $2.5 million through Medicaid; and one of the reasons for the funding bind is due to over-expenditures in Medicaid. He noted last year Orange and Seminole Counties overspent over $900,000; Osceola County overspent over $600,000; and Brevard County overspent $2,700, so it is holding its own the way it is supposed to. He stated of the Council’s total budget, most of the grants require 10% match; and the Council is bringing into the County almost $8 million in services. Commissioner Scarborough noted a 1:10 match is wonderful; with Mr. Hoskinson responding it is better than that.

Commissioner Pritchard stated last year the County funded almost $162,000; this year it is $54,000; and inquired what affect is it going to have on grant matching. Mr. Hoskinson responded it is going to cut a lot of people out of service. Commissioner Pritchard inquired is it going to take over all 25% of the $5 million budget; with Mr. Hoskinson responding no. Commissioner Pritchard inquired will the reduction be a devastating cut that is going to require the Council to cut people from the program; with Mr. Hoskinson responding yes. Mr. Hoskinson stated the Council is funded to serve 400 people per day on Meals-on-Wheels, but it is serving over 800 people per day; it is because of local support that is received from the County and other sources; and the Council will not be able to continue to do those kinds of services if the funding is cut.

Commissioner Higgs stated the total amount going to Community Services Council is $120,000 from CBO and CDBG. Mr. Hoskinson noted a $30,000 cut will hurt, but not nearly as bad as he had estimated; and the Council will try to make up the money somewhere else.

Jonathan Melton, representing Community Treatment Center, expressed appreciation to the Board for its past funding; stated the Center operates the HOW House in Titusville and Alco-Hall in Cocoa; it has been in Brevard County about 32 years; and it treats 15 people in Cocoa and 18 people in Titusville. He noted the Center is the only DCF licensed residential Level 3 in the County; it works with the courts and women trying to get their children back in a licensed setting; five beds in Cocoa and five beds in Titusville are funded by DCF; and United Way, CDBG, and CBO have been a big help. He stated this is the first year to receive recommendations for $30,000 to each program; it purchases services that will accommodate two more individuals in each program; the services are valued not only by the community, but by the families as well; and he has had a population from Kennedy Space Center (KSC) receiving in-patient services. Mr. Melton noted he does the only low-cost DUI Program in Brevard County for out-patient services; it is not funded by anyone and was generated by seed money from United Way; a wide range of clients are served in the community; and the extra $30,000 recommended to the program will go a long way this year. He stated the Center recently received a Florida Department of Law Enforcement (FDLE) grant for five individuals in the now defunct court program in the County; the State has picked it up; and the Center is serving five people in Titusville. He requested the Board consider the Center’s recommendations this year.

The meeting recessed at 10:30 a.m. and reconvened at 10:45 a.m.

Maggie Almeida, representing Brevard Alzheimer’s Foundation and Space Coast Interface Coalition, stated the Coalition has volunteer workers who do in-home respite; as part of the Foundation, the Coalition falls under the umbrella; it is not only receiving people in daycare, but reaching out into the community; and the services cover more than Alzheimer’s patients, including the frail elderly, the person affected by a stroke, and other diseases that cause dementia. She noted through the volunteer program, there is companion sitter service; the outflow of the services at the centers can reach into the homes where people are bed bound and cannot get out; there is not a financial requirement for individuals in the program; and anyone who applies can receive in-home respite as long as volunteers are available. She requested the funding continue for a free respite program in the County; and stated it is only possible through the funding organization, which is Brevard Alzheimer’s Foundation.

Mary Simon, representing Brevard Alzheimer’s Foundation, stated her husband Robert Simon receives daycare from the Foundation; he is stable and always ready to go to the Foundation; and requested the Board not reduce the funding for the Foundation, which would lay people off and cut programs.

Kay Heimmer, representing PREVENT! of Brevard, expressed appreciation to staff; stated they are wonderful supporters and a tremendous help to her organization as it tries to deliver services; Robin’s Nest is a long-term recovery home for women and their children; and prior to coming to Robin’s Nest, most residents are pregnant, drug abusers, living on the streets, and involved in criminal activities to support their addiction. She noted 90% of the women were sexually abused as children; 100% of them have been sexually exploited as adults; Robin’s Nest residents have on average three other children who have been removed from their custody by DCF and placed in foster care or other family replacement; and the record is one 24-year old who came to Robin’s Nest pregnant with her seventh child. She stated the residents are given the opportunity to keep their infants, bond with them, and learn how to parent appropriately; and when progress is made, they are reunited in the Nest with their other children while they learn skills to become self-supporting, capable adults and parents. She stated since the Nest began in 1994, 202 women have lived there, 45 healthy drug-free babies have been born, and 78 children have lived in the Nest with their mothers. Ms. Heimmer noted 44 children have been reunited with their mothers in the Nest; 66 children have been reunited with their mothers after completion of the program; 347 children’s lives have been positively impacted and bettered as a result of the program; and in all, 549 lives have been directly and significantly improved by the Robin’s Nest program. She stated women do not just live at Robin’s Nest; they must maintain a rigid schedule of treatment programs, parenting programs, NA, AA, job training, and educational advancement; ultimately they must go to work and pay rent as soon as they are fit to do so; and there is a tremendous amount of work that is done. She noted it is not easy and not all the women succeed; but there are those who do leave the program prepared to be self-sufficient productive citizens and good parents; and that is the goal of Robin’s Nest. She stated 82% of residents who have successfully completed the program have been in recovery six months after they have left; the organization is currently preparing to host a reunion; and it will be able to do an effective study to see what the success rate overall has been. Ms. Heimmer stated for every dollar of local support the organization receives, it draws $3.00 from the State to support the program; the chart on the next page indicates DCF gives $25,000 in support to Robin’s Nest; such funding is for family safety and child abuse prevention that comes from the Family Safety Program Office of the State; and it goes to the direct operations of the house. She noted the additional dollars drawn from the State for local support pay for the treatment program and family ties, which includes a 22-week parenting component, anger management, and relapse prevention classes. She stated the program saves thousands of dollars every year in Medicaid expenses; Robin’s Nest takes people who are on their way to self destruction and provides services, support, and the opportunity to turn their lives around; they are also equipped to take good care of their children; and the program saves dollars for systems in Brevard County and the taxpayers as it reduces and eliminates the need for high cost physical and mental health services, criminal justice intervention, and an array of child welfare services that can last the child’s lifetime.

Major Otis Childs, representing The Salvation Army in Melbourne, stated any funds received by Salvation Army will be put to good use; Brevard County is a wonderful place to live and a nice area; but some of the clients who come to Salvation Army for assistance may not say the same thing as they are facing tough issues; and one of those issues is not having a place to stay, which Salvation Army plans to address with the program in which it is applying for funding. He noted the center for women and children will be a 48-bed facility that will provide emergency shelter for homeless women and children; the center will assist them in putting together individualized plans to help them reestablish themselves in the community and put their lives back together again; the program and facility is in direct response to the continuum of care gap analysis, which indicates there is a shortage of shelter beds in the County; and the program will address the needs directly in providing shelter for women and children in the facility. Mr. Childs stated the funding is important to the agency; it will help provide food, transportation, supplies, and training for individuals who come to Salvation Army and find themselves without a place to stay; there is a need for the proposed facility and services for citizens who come for assistance; and thanked the Board for the opportunity of being considered for funding. He noted Salvation Army has been a long-standing member of the community and has been one of the leading service providers in the area; and it will endeavor to continue that delivery of service in the future.

Michael Cadore, representing Rockledge Youth Football League, expressed appreciation to the Board for its support in the past; stated he has been involved in the League since 1997; the League is more than just football and cheerleading; and the funds received are for equipment, waivers, and scholarships for children who cannot afford to play. He noted there are children in the League that come from Titusville, Port St. John, Viera, and throughout the County; it is one of an 11-member organization throughout Brevard County; the League has a tutorial program where it recognizes student athletes for their academic performances; and his goal is to continue to promote that. He stated community service is also involved; the League works hand-in-hand with the United Way, TRIAD, and Alzheimer’s Foundation; and thanked the Board for its support now and in the past.

Chairperson Colon stated there was previous discussion of having the monies in a pool for everyone in Brevard County; but the dollars may stay as is for this year. Commissioner Scarborough stated he saw funding in 2001-2002, but no funding in 2002-2003; the request for funding in 2003-2004 is $16,000; and inquired why the vacillation. Ms. Williams responded the League did not apply for funds last year. Mr. Cadore stated that is correct; every two or three years the numbers increase and additional equipment is needed; and the League was able to make it throughout the previous season without applying for the grant last year.

Joe Robinson, Executive Director of North Brevard Charities, stated the organization was not awarded dollars under the CDBG this year, which has cut its budget approximately $34,000; such funds went toward medical assistance for individuals within the community; the organization received funding for emergency housing; and North Brevard Charities has been in existence since 1958. He noted the organization has tried to do more within the community as needs are identified; it uses the dollars it receives from the thrift shop to match any other dollars coming in from the County, United Way, or other individuals within the community; it does everything it can to find dollars; and he is dedicated to assisting the needy within the City of Titusville. He stated the agencies coming before the Board requesting funding are going to have needs; such needs have been identified and are real; the decisions by the Board are going to be tough; and requested the Board’s support in funding his organization to help individuals within the community. He noted North Brevard Charities has expanded its services to shelters for the homeless and women; it is building a new duplex for homeless families; and the needy are not going away and are increasing due to the state of the economy.

Dayle Olson, representing Brevard Achievement Center, expressed appreciation to the Board for the support it provided to the Center for a number of years; stated the programs assist adults with disabilities; the Center is a service provider in Brevard County and pays about 550 individuals every other week; there is a $17.5 million budget; and the Center services about 2,500 individuals annually. He noted it is with the Board’s support over the last several years that the Center has been able to put a number of people with disabilities to work in the community; the $30,000 provided by the Board in the past has made a significant difference in the lives of those individuals; it is with those funds that the Center is able to put individuals to work and take them off the system; and they are now tax-paying citizens, not tax-using citizens. He stated today less than $1.00 per citizen is provided through the CBO process; for about 98 cents, the County is buying terrific insurance for every citizen; everybody involved in the CBO process thanks the Board for its support; and staff needs to be commended for its efforts. He requested the Board’s continued support of the program.

Kristine Densley stated she has a list of names of people from Brevard County who have had their homes stolen from them; there are some individuals in the County who con people out of their homes and deeds; the homes get in foreclosure; and her neighbor was one of the victims and recently had a stroke. She noted her neighbor’s house was going to be sold tomorrow morning in Titusville; and requested the Board’s help in this matter. She stated Patrick Newman is working in other counties and is now working in West Palm Beach and Fort Lauderdale; and this person needs to be stopped.

Commissioner Scarborough requested Ms. Densley explain how Mr. Newman is able to do this. Ms. Densley responded Mr. Newman claims he is a mortgage broker and investment banker; he says he has a buyer and creates a contract; when he gets a deed, he takes it to another individual and convinces he or she to take out a second mortgage; and each situation is unique and different. She noted Mr. Newman created a contract with Jessie Cortez; there was an exchange of houses; Mr. Cortez was paying Mr. Newman the mortgage money for over one year and has receipts; and Mr. Newman was never paying the mortgage, so Mr. Cortez’s house is going to foreclosure. She stated these are hard working people who can barely pay their rent; she has 15 names on the list; and reiterated that Mr. Newman needs to be stopped.

Motion by Commissioner Scarborough, to request the County Attorney review request by Kristine Densley regarding Patrick Newman allegedly conning individuals out of their homes in Brevard County.

Commissioner Pritchard inquired if Ms. Densely has spoken to the Sheriff’s Office, State Attorney, or Florida Department of Law Enforcement (FDLE) for investigation in the matter; with Ms. Densely responding yes. Ms. Densley stated each agency has indicated there is nothing they can do. Commissioner Pritchard noted he has had the same type of response from those agencies regarding a developer he had to deal with; when there is nothing that can be done that is when people get away with certain things; they keep hurting other people; and something needs to be done. Commissioner Scarborough stated by the Board being proactive, the County can do a name search of Mr. Newman; staff can take the information to State Attorney Norm Wolfinger; Attorney Wolfinger is proactive and does not want to see these things happen; and it can be a first step.

Commissioner Pritchard seconded the motion. Chairperson Colon called for a vote on the motion. Motion carried and ordered unanimously.

Cindy Mitchell, representing The Salvation Army/Brevard County Domestic Violence Program, stated October is nationally recognized as Domestic Violence Awareness Month; Brevard County and surrounding counties have seen quite a few murders and murder-suicides; adult and child victims of domestic violence must have a safe place to go; and County dollars keep domestic violence shelters’ lights on and provide matching funds for federal dollars. She noted in the past, the Board has sent the message to the community that domestic violence is not tolerated; and requested its continued support.

Commissioner Scarborough stated his thrust is on the elderly; the last decade showed a population over 85 years of age increased more than 100%; such individuals have suffered a loss of their income due to Certificates of Deposit, government bonds, etc.; and the interest rates are at record low levels. He noted the idea that the problems can be handled without the County’s involvement is not there; it has not recognized it; the elderly did not wish themselves to be old and get dementia; and they are trying as best they can to live with it. He stated cutting the dollars for the Alzheimer’s Foundation and Community Services Council is not the community Brevard County wants; and requested the Board ask staff to find the monies for those agencies. He noted if anything, the County should be increasing the numbers and not decreasing them.

Chairperson Colon stated Alco-Hall was given $25,000 last year and this year the amount has increased to $52,800; the Coalition for the Hungry and Homeless increased from $5,500 to $51,000; Salvation Army indicated it will be able to provide shelter beds for women and children; and inquired what will Alco-Hall and the Coalition for the Hungry and Homeless be using the increased monies for. She noted there is only $600,000 for all the agencies requesting funding.

Ms. Williams responded the request for funding by the Coalition is for the counselors to administer the program to homeless clients living on the streets; funds would also go to the emergency shelters; there is a 24-unit campus; and there are 36 scattered site units throughout Brevard County. She stated currently the total households being provided housing is 60; housing is provided 24 hours a day, seven days a week with supported services; the present level of service is 242 individuals who are unduplicated per month; and unit cost of the program is $11.30 per person per day. She noted the increase also had to do with the Board directive for TANIF eligible activities; it had earmarked for the Advisory Board to allocate $427,828 in TANIF eligible activities; and the request is a TANIF eligible activity. Ms. Williams stated Alco-Hall is an increase in the services being provided; it also is a TANIF eligible activity; and it received the full funding.

Commissioner Pritchard read a brochure called “Not Yours to Give” from the life of Colonel David Crockett, as follows: “I will not go into the argument to prove that Congress has no power to appropriate this money as an act of charity. Every member on this floor knows it. We have the right as individuals to give away as much of our own money as we please in charity. But as members of Congress, we have no rights to appropriate $1.00 of the public money.” Commissioner Pritchard stated later Colonel Crockett speaks with a constituent, and the constituent says, “In the first place, government ought to have in its treasury no more than enough for its legitimate purposes. The power of collecting and disbursing money at pleasure is the most dangerous power that can be entrusted to man, particularly under our system of collecting revenue by a tariff, which reaches every man in the country no matter how poor he may be. And the poorer he is the more he pays in proportion to his means. You will very easily perceive what a wide door this would open for fraud, corruption, and favoritism on the one hand and for robbing the people on the other.” Commissioner Pritchard stated the County should not be using taxpayer money for these purposes; however, if it is going to be doing so, it needs to focus specifically on programs that are not self-inflicted. He stated when he looks at programs that deal with dementia, Alzheimers, cancers and things that people get that is not of their choosing then that is where the County needs to focus its attention; and the programs that specifically help the elderly should be primarily addressed. He noted the programs that specifically help people that are afflicted with a devastating disease should also be addressed; secondary programs that are self-induced, such as alcohol and drug-related problems, should fall further down on the list; and coming after that would be some of the other programs that may be designed more to make people feel good than provide a service. He stated if the County is going to be in this business, it needs to refocus the funding; $600,000 is a considerable amount of money; the funds need to be placed in the possession of people who are going to be providing services for those that were not afflicted by a bad choice he or she made somewhere along the line; and the monies need to be given to the people that are afflicted by diseases.

Chairperson Colon stated domestic violence is not afflicted upon individuals; the CDBG money comes from the federal government; it has to be given back to the community in a certain way; and the pot is small. She noted the County has come a long way of $72,329 from zero for the Alzheimer’s Foundation; it is $20,000 less than last year’s funding; and it is tremendous considering the people who will not be receiving funding this year.

Commissioner Higgs stated she is comfortable with staff’s recommendations and the Board should move the item forward; organizations are already into their fiscal years beginning October 1, 2003; the Board needs to move something forward so they know what to count on; and she recognizes the Alzheimer’s Foundation and Community Services Council programs. She noted at the budget hearing, $131,000 in additional monies went into the reserve; and the County could use $31,000 at this point or have staff review it. Commissioner Scarborough stated he is not saying Merritt Island Football League and Rockledge Youth Football League are not needed, but there are ongoing programs that are harpooned at the same time statistics show the elderly population increasing; the budget theoretically should be increasing 10% a year and not be impacted negatively; the County gets stuck with hundreds of thousands of dollars passed on by the State in Medicaid costs; and it does not make any budgetary sense not to fund the programs. He noted it is going to hurt the County every year it does not fund them; it gets to pay the portion of a number of Medicaid Brevard County patients; the County drives individuals into nursing homes by de-funding and funding football leagues; the Board is being a bad fiduciary of taxpayers’ money by doing so; and it is stupid.

Commissioner Pritchard stated he does not disagree with Commissioner Scarborough; funding was increased for Salvation Army from $24,000 last year to $93,000 this year; and Alco-Hall increased from $25,000 to $60,000. Commissioner Scarborough noted he is willing to compromise anything that will get three votes to give the Alzheimer’s Foundation and Community Services Council the funding they received last year; he realizes everybody is ready to put the baby to bed; but he cannot. Commissioner Pritchard stated he is not ready either; and inquired where will the funding come from. Commissioner Scarborough responded he is willing to compromise; and Commissioner Higgs indicated taking the money from reserves and other Commissioners said the Board could look to some of the agencies that have increased funding. Commissioner Higgs inquired is Commissioner Scarborough looking at $61,000 more; with Commissioner Scarborough responding he wants to keep the Foundation and Council at their current levels. Commissioner Higgs stated the County sent the Committee a job to maximize TANIF dollars; and it did the task with what was there. Commissioner Scarborough noted there is a Medicaid impact of a failure to keep the programs intact; and the bottom line is he would like to see the programs continue. Commissioner Higgs stated the Board’s action is getting a long way toward that; and she is willing to take $31,000 from reserves and leaving the balance of $100,000. Commissioner Carlson noted she believes in the integrity of the process; the County does not want to undermine what the Committee’s long hours have meant to the process; it has an understanding of what all the CBO’s can provide; and she supports the elderly and the Council. She stated there should be more money in the pot to start with to do it the right way and save the community as a whole a lot more money; it is the most fiscally responsible thing to do; everything on the list has something to do with issues that have been placed upon people that they did not have some control over, such as domestic violence, Alzheimers, etc.; and she supports taking $31,000 from reserves. She noted the fairness issue needs to be reviewed if additional dollars are added; the monies need to be well distributed; many of the arguments she has heard fall in the category of how much intervention does government provide; and the County should provide more than it is. Commissioner Pritchard stated the Salvation Army increased from $24,000 to $93,000 before it was cut 12%. Ms. Williams noted there are two separate programs for the Salvation Army; staff combined the numbers; and they are related as they are TANIF eligible activities. Commissioner Pritchard inquired how many programs are duplicating other programs; stated the County is using taxpayer money and needs to be fiscally responsible about it; he questions when he sees Alco-Hall increase from $25,000 to $60,000; and Big Brothers and Sisters increased from $10,000 to $25,000, but the Alzheimer’s Foundation and other agencies were decreased. He noted there is a list of organizations; each one will tell the Board the benefit of having the organization and what it is going to save; he is not going to argue that point as it is their right to come forward and say that; but it is the Board’s privilege to represent the people and be responsible with how it allocates the money, which is why he is questioning the huge raises for Salvation Army, Alco-Hall, etc. and the motivation the Committee had. He stated he does not mind chastising the Committee if he believes it did wrong; and he thinks it did wrong and should be looking more at the elderly programs. Chairperson Colon noted she will not be part of chastising anybody; the Board is in an extremely difficult position; Brevard County is the number one County in the State of Florida in regard to the consumption of drugs and alcohol by children; that is what the data is showing; and the County needs to do the kinds of things that are important in the community. She stated the process is a balancing act; it is not just for the seniors or the children; it affects everyone; and $600,000 is nothing. She noted children as early as fifth grade are drinking alcohol; they are seeing it at home; encouraged anyone who is questioning the programs to sit with Together in Partnership (TIP); and stated the raw data gives one chills when he or she sees what is happening in the community. She stated women are getting beat up by their husbands who have drug and alcohol problems; there is no where to shelter the mothers and children; the churches try to find shelters to hide them as they are not safe; and the issues are real.

County Manager Tom Jenkins stated if the Board does anything with the reserves it will impact next year’s budget; there have been several discussions in recent meetings about the reserves; much of the recommendations that came from the Committee was based on the prior decision to maximize the TANIF dollars; and such dollars are what is driving the process. He noted as a result of the decision to go with TANIF dollars, it excluded the elderly from the process; the bottom line is if the Board is going to fund the elderly services, it is going to have to revisit the commitment to TANIF so that a modest reduction to TANIF could allow for additional dollars to the elderly; the consequence of that is as TANIF is reduced, the grant dollars will be reduced; the local TANIF dollars are used as a match; and the reason the Committee made the recommendations it did was to coincide with the TANIF direction. He stated the Board could change the TANIF match, find additional dollars for the elderly, and go from there.

Commissioner Higgs stated the County has to look at the big picture in trying to balance the dollars; it is trying to work with foster children through Community Based Care to maximize the help for those children who are neglected and abused, and to bring community resources to that and double the dollars from the federal government; and it is trying to be cost-effective with what it is doing and look at the children who are most jeopardized in the community and in the County’s custody.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve $31,054 from reserves for elderly services.

Commissioner Pritchard stated he cannot support the motion; the County had to recently borrow $6.5 million from itself and pay $20,000 in interest; now it is going into the reserve account; the Committee needs to reallocate the funding that is here, look for ways to reduce the TANIF portion, and come up with the money that way; and the County does not need to tap into its reserves so it is noticed by the Finance Director that it is once again outspending itself.

Commissioner Scarborough inquired what is the amount that is paid for the County’s portion of Medicaid; with Ms. Williams responding it is over $2 million. Commissioner Scarborough inquired in past years, how much have some of the increases been; with Ms. Williams responding it has increased almost $1 million this year. Commissioner Scarborough stated while the County may talk about TANIF issues, it needs to be mindful that this is a check the County is mandated to write; what impacts it is the number of people in Brevard County who are drawing on Medicaid; and that is how the formula comes forward. He inquired if the County does not have a program because it is unwilling to put $30,000, $40,000, or $50,000 and that person leaves the home and goes to a nursing home, does the person get added to the list for those persons as a recipient of Medicaid where the County has to write the check. Ms. Williams responded yes. Commissioner Scarborough stated the County is making a fundamental financial mistake; whether it takes the funds from reserves or moves them from other programs, it is a savings; and he cannot support anything but going the full measure of keeping current funding.

Chairperson Colon stated the motion is to take $31,054 from reserves for elderly services. Commissioner Scarborough stated it is unconscionable and foolish financially.

Chairperson Colon called for a vote on the motion. Motion did not carry; Commissioners Higgs and Carlson voted aye, and Commissioners Scarborough, Pritchard, and Colon voted nay.

Commissioner Pritchard stated the monies should come out of the existing programs; he supports what Commissioner Scarborough is saying with the Community Services Council and Alzheimer’s Foundation; there have been significant increases for two particular programs; and they could take an accumulative $60,000 reduction and not touch the reserves. Commissioner Scarborough stated the savings procured by full expending far outweighs going into the reserves; staff could come back to the Board this afternoon with suggestions on how it can make this work; but it takes a combination of both the program and reserves. Commissioner Higgs noted the Board created the additional reserve. Commissioner Scarborough stated he does not mind the reserve, but his problem is that it has to be linked to another portion to keep the two programs whole.

Motion by Commissioner Scarborough, to request staff report back to the Board this afternoon with a methodology using the transfer of reserves in the amount of $31,054 to keep the Alzheimer’s Foundation and Community Services Council programs intact at prior year’s budgetary levels.

Commissioner Pritchard stated he does not know what is and is not TANIF designated; and requested staff identify the programs that are TANIF related since it is the concern of making sure the County gets back its money, which was given to the federal government to begin with. He noted he does not believe the football leagues would have been TANIF related; and perhaps the County can find money within the budget without going into the reserves. Commissioner Scarborough stated he is happy to do that as well. Commissioner Higgs noted the County established with TIP the $50,000 mini-grant; and that is where the football leagues come from. Mr. Jenkins stated he can take the other $31,000 from the travel account.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve additional funding for the Alzheimer’s Foundation and Community Services Council to the amounts funded in FY 2002-03, with $31,000 from the Reserve Account and $31,000 from the Travel Account. Motion carried and ordered; Commissioner Pritchard voted nay.

Commissioner Pritchard stated he is not opposed to the programs, but opposes taking funds from the reserves.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the recommendations of the Community Action Board (CAB) and execute Agreements with Brevard Achievement Center, Inc. at $37,860; Coalition for the Hungry and Homeless of Brevard County, Inc. at $58,000; Community Treatment Center, Inc. at $60,000; PREVENT! of Brevard, Inc. at $36,000; The Salvation Army of South Brevard at $75,000; and South Brevard Women’s Shelter, Inc. at $65,250. Motion carried and ordered unanimously. (See pages for Agreements.)

APPROVAL, RE: CORRECTION OF JANUARY 12, 1996 COMMISSION MINUTES

Commissioner Higgs stated the January 12, 1996 Special Meeting Minutes indicate a committee that she was not a part of; and requested the Minutes be corrected to reflect the Workforce Development Charter Planning Group.

Commissioner Pritchard stated the Workforce Development Board was in existence, but the Committee Commissioner Higgs was on was the Workforce Development Charter Planning Group; and Commissioner Higgs was never on the Workforce Development Board. Commissioner Higgs noted that is correct.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve correction to the January 12, 1996 Special Meeting Minutes to reflect Workforce Development Charter Planning Group instead of Workforce Development Board. Motion carried and ordered unanimously.

APPROVAL, RE: CORRECTION OF JANUARY 12, 1996 COMMISSION MINUTES

Commissioner Higgs stated the January 1, 1996 Special Meeting Minutes indicate a committee that she was not a part of; and requested the Minutes be corrected to reflect the Workforce Development Charter Planning Group.

Commissioner Pritchard stated the Workforce Development Board was in existence, but the Committee Commissioner Higgs was on was the Workforce Development Charter Planning Group; and Commissioner Higgs was never on the Workforce Development Board. Commissioner Higgs noted that is correct.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve correction to the January 12, 1996 Special Meeting Minutes to reflect Workforce Development Charter Planning Group instead of Workforce Development Board. Motion carried and ordered unanimously.

The meeting recessed at 12:02 p.m. and reconvened at 1:15 p.m.

PUBLIC HEARING, RE: DETERMINATION OF SUBSTANTIAL DEVIATION AND
CONSIDERATION OF NOTICE OF PROPOSED CHANGE #13 FOR VIERA DRI

Chairperson Colon called for the public hearing to consider determination of substantial deviation and consideration of Notice of Proposed Change #13 for Viera DRI.

Hassan Kamal, representing The Viera Company, stated when the Notice of Proposed Change was submitted, six revisions were requested; five revisions have been approved by the previous Board actions; such revisions include changes to the O, P, and T Parcels, combining them to one parcel, update of Map H to reflect the current road network and PUD plan, the transfer of land uses, which involve the transfer of 327 units from the east side of I-95 to the west side of I-95, and the deletion of reference to the VA Hospital on Map H. He noted the light industrial use is now permitted in Parcel 3; the sixth revision is relocation of the burrowing owl preserved mitigation area; and after spending a lot of time looking at the burrowing owl situation and talking with staff and the Board, The Viera Company would like to withdraw the request to relocate the burrowing owl habitat mitigation area and proceed with finalization of the development order.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to accept withdrawal of the proposed amendment for relocation of burrowing owl habitat in the Viera DRI Notice of Proposed Change #13, as requested by Hassan Kamal, representing The Viera Company; and adopt Resolution revising the Development Order. Motion carried and ordered unanimously.

APPROVAL, RE: BOARD OF COUNTY COMMISSIONERS ZONING MEETING SCHEDULE
FOR 2004

County Manager Tom Jenkins requested approval to schedule February 5, 2004 as the first zoning meeting in 2004, and table the remainder of the schedule to be reworked with the Board’s meeting schedule.

Motion by Commissioner Pritchard, seconded by Commissioner Higgs, to approve February 5, 2004 as a zoning meeting date for 2004, and table the remainder of the schedule to be reworked with the Board of County Commissioners meeting schedule. Motion carried and ordered unanimously.

APPROVAL OF POLICY BCC-11, RE: PAYMENT FOR MEMBERSHIP IN PROFESSIONAL
ORGANIZATIONS

Commissioner Pritchard stated the agenda report indicates payment for membership in professional organizations, but it does not say how much the County spends on all the organizations; and requested additional explanation from staff.

County Manager Tom Jenkins stated this is the policy that regulates how the payment is processed; any membership over $500 is placed in the bill folder; Commissioner Pritchard is requesting a list of all the associations that the County and its employees belong to; and he will be happy to do that.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve Policy BCC-11, Payment for Membership in Professional Organizations. Motion carried and ordered unanimously.

STAFF REPORT, ORDINANCE REVISION, ORDINANCE REVIEW COMMITTEE, AND
TRAP, NEUTER, AND RELEASE FUNDING, RE: FERAL CAT COLONIES

Lynn MacAuley stated Trap, Neuter, and Return (TNR) is an integral part of the new companion animal movement in the country; up until the mid-1990’s, the prevailing philosophy dealing with the cat and dog over population problem was that euthanasia was a necessary evil; since then a whole new movement has replaced that, which is built on the belief that if whole communities join together they can solve the problem without killing; and most of the major national companion animal organizations follow the new philosophy and endorse TNR, such as the Doris Day Animal League, American Veterinary Association, ASPCA, National Humane Education Society, Veterinarians for Animal Rights, and many others. She noted the no-kill philosophy is working and TNR is working all around the State and the country; in Miami, a non-profit group called the Cat Network, started a spay/neuter program for strays and ferals in 1996, with one participating veterinarian; there are now over 40 participating vets in the program; and the group has issued over 19,000 spay/neuter certificates. She stated for $25.00 the vets do surgery, ear tip, and give rabies shots; Orange County Animal Services has funded TNR ever since December 1995; despite a growing human population, cat nuisance calls have leveled off; and cat euthanasia numbers have decreased. Ms. MacAuley stated in Alachua County, Operation Cat Nip, a highly successful TNR Program, is one of several groups that has teamed up to apply for and receive a grant to make Alachua County a no-kill community within five years; there are many examples in the rest of the State and country; Pittsburgh has a feral cat program that has become so successful it has spread to the whole of southwest Pennsylvania; and in Springfield, Illinois a veterinarian has pioneered TNR so successfully that he has projects going with State and federal government officials. She noted the Feral Cat Coalition of San Diego is well known for its TNR Program; from 1992 to 1997, the number of cats impounded and euthanized by animal control decreased by almost half; California has many TNR Programs too numerous to mention; but the biggest one so far has been the Statewide Veterinary Medical Association’s fixing of 170,000 feral cats in three years with a grant. Ms. MacAuley stated TNR is not a quick fix; there are problems with it; aside from ignoring the feral cat problem, the alternative to supporting TNR is to support and fund a trap and kill program; however, it costs a lot more to trap, transport, impound, euthanize, and dispose of a feral cat than it does to trap, transport, sterilize and return one. She stated estimates vary, but trap and kill cost is about $75.00 to $150.00 per cat; TNR is about $25.00; most of the expense is borne by the volunteers who do the trapping, transporting, and recuperating; that is the beauty of TNR; and the County needs to consider the humane aspect. She noted if the County accepts the cost and inhumanity of the practice to euthanize feral cats, it still has to deal with the fact it is throwing taxpayers’ money down a bottomless hole as the cats remaining are going to continue to breed and the numbers are going to continue to increase.

Dan Robinson, representing Healthy Planet of Brevard, presented information to the Board but not the Clerk; stated the organization is a grassroots coalition of County individuals dedicated to promoting a healthy planet through minimizing the impact on environmental resources by eating lower on the food chain using plant-based foods and encouraging and demonstrating compassion for all animals; feral cats can become a problem in any community if not properly managed; and he has heard testimony from people at a number of locations around the United States stating that TNR Programs do not work; however, the evidence is much to the contrary. He noted the only proven method of reducing the negative impact of feral cat populations is by using TNR; feral cats are responding to a vacuum created in a natural ecosystem when there is an imbalance between predator and prey; feral cats establish themselves as a low level apex predator; and when an established colony of feral cats is removed from the environment by trapping and euthanizing or by non-humane methods, a new vacuum is created, which attracts a new set of feral cats to replace those which were removed. He stated the process is a never-ending self-defeating cycle, which only gets worse over time; the only effective means of following this process is to wipe out the entire species from the face of the earth as is currently being done with the Florida panther, the gray wolf, the grizzly bear, Siberian tiger, and many other species; however, he does not believe that most people would recommend making the domestic cat an extinct species; and the beauty of TNR is that it does work to resolve the issue of growth in the population of feral cats. Mr. Robinson noted when irresponsible people contribute to the feral cat problem by releasing their unaltered animals into the world to fend for themselves, it is increasing the problem; TNR is a three-step process for a reason, the most important part of which is to return the cats back into their established areas so that they continue to remain dominant in that area; eventually the cats will die from natural causes and be replaced by others, but the colony eventually reduces in size to that which is naturally supported by the environment. He stated it is impossible to reduce the feral cat populations to zero except through extinction; and such populations will not expand if properly managed and the number will be reduced, which nature can support in the local habitat. He stated in areas of the country where TNR has been implemented, the feral cat populations consistently dropped over time to about 75% manageable levels; where TNR is combined with aggressive educational programs for altering and avoiding of dumping unwanted cats, the results are more dramatic; TNR is the answer; and urged the Board to support an increase in funding for the feral cat program.

Oli Johnson stated he is the park ranger at Turkey Creek Sanctuary in Palm Bay; Turkey Creek is an Audubon Sanctuary of about 130 acres; it is a natural haven for animals; a feral cat colony is 500 feet from the Sanctuary; and he has been told by the feral cat network people that the cats do not hunt. He noted cats do hunt and eat birds, squirrels, snakes, and lizards; feral cats are impacting habitat and do more damage than wild dogs; and he is against any kind of County funding for the feral cat network.

Michele Jenkins urged the Board to fully fund the TNR Program for feral cats in the amount of $25,000 and keep the current feral cat Ordinance intact; stated Brevard’s TNR Program courageously launched by the Board in 1999 is a major success and a bargain for the County taxpayers; 100% of the TNR funding goes to the cost of sterilization; there are no salaries and no overhead; and the vouchers completed at the spay/neuter clinics for every participating animal are submitted to BASE for approval. She noted it is BASE that authorizes and issues payment directly to the veterinarian providing the surgical services; TNR is the only ongoing program humanely addressing the feral cat population created by the ignorance and indifference of Brevard taxpayers; and citizens complaints and complicity and the existence of abandoned cats, make the solution of the feral cat population not only a legitimate, but necessary expense that must be shouldered by the taxpayers. She stated Brevard’s TNR Program has sterilized over 55,000 feral cats, preventing tens of thousands of additional homeless animals; simple logic dictates that without TNR, Brevard’s feral cat population could only be greater; promoting distortion exploits ignorance with deliberate intent to manipulate the public interest; TNR is the significantly cheaper approach to feral cat control; and the sterilization, rabies vaccination, and identifying ear tip cost taxpayers less than $30.00 per feral cat. She noted Animal Control’s cost to trap, transport, kill, and cremate is well over $100 per animal; the community supports this effort as evidenced by the standing army of dedicated volunteers who provide the heart and labor for the TNR Program; additional acceptance and commitment is reflected in the 400 plus registered caregivers that have chosen to participate in this humane solution; and every clinic is fully booked and there is always a waiting list. She stated no effective and acceptable alternative to TNR is being either offered nor funded by the Board; ignoring the abandoned cats on streets and in neighborhoods will only result in more cats, more animal suffering, and more complaints; she urged the Board to continue full funding and support for the TNR Program and the current feral cat Ordinance; and challenged the County to make a complete break with the long-failed policy and outdated concept that equates animal management with animal extermination. Ms. Jenkins noted vested community interest committed to and comfortable with the kill option will continue to fight to insure business as usual, to preserve the status quo, and resist and oppose every change; this break will require community leaders with vision to find and support new and innovative approaches to accomplish the task; four years ago the Board made a commitment to a humane feral cat program and created an ordinance that supported this effort; and today the effort is a success. She requested the Board not turn back from the first step, move forward and build on the successful volunteer program, not support punitive over-regulation of TNR with the sole intent of sabotaging this proven approach, and work with those truly dedicated to the no-kill goal. She stated she, like many taxpayers, is tired of the killing and gut-wrenching statistics coming from tax-supported shelters; the current system is a failure; the problem of pet over population can be solved by continued support of the TNR effort and by implementing additional incentive-based programs dedicated to Countywide no-cost pet sterilization, innovative and aggressive adoption, and projects supportive of the pets-for-life concept; and requested the Board stop funding the animal disposal industry and support people and programs dedicated to ending pet over population humanely. Ms. Jenkins noted the killing of innocent, loving and healthy companion animals for societal convenience is no longer acceptable nor is it even the cheaper option.

Lois Palmer stated she supports the TNR Program for feral cats; she understands the Board has issues other than money, such as the many non-native species; Florida is entitled to its own statue of liberty, with the words, “Send me your tired, your poor, your huddled masses, yearning to breathe free”; and for the past 450 years or so, everyone has, beginning with the Spaniards, left behind a few pigs. She noted the idea was that when they returned they could eat pork; the Spaniards today are in Spain; the pigs are destroying habitat throughout the south; and the parade of more than 1,000 species continued with the arrival of fire ants, armadillos, Brazilian pepper trees, cats, goldfish, walking catfish, cockroaches, Norway rats, sparrows, etc. She stated the County is blessed with a group of volunteers, the Pepper Busters, who are making inroads into the jungle of Brazilian pepper trees; Brevard County supports the efforts; the wild hogs, being extremely dangerous, need professional trappers; and the County supports their efforts. She noted a dedicated team of volunteers is dealing with the cats; they assist at the spay/neuter clinics; when the cats are returned to their colonies, they are fed and cared for forever; and the County has supported the effort. Ms. Palmer stated the cats control the immigrant rodents; the Greeks solved the problem with the help of worry beads; in the case of the cats, the problem is there are too many; and what can be done is to stop production. She noted more than 5,000 cats have been neutered and spayed; with the County’s financial help, every cat should be neutered and spayed, feral or domestic, which would solve the excess of cats; and requested the Board continue to help with the feral cats as it is the right thing to do.

John Cielukowski stated he has been feeding feral cats at the Port for over 10 years; all of the cats are neutered and healthy; they eat alongside the birds and raccoons; and there are vets in the County that support the program and supply free medication. He noted the cats are not there by choice, but because of human ignorance; people do not spay and neuter their pets; the cats are not going to go away; and the only alternative would be to kill the cats, which is unacceptable. He stated it is not humane or ethical; over 20 million dogs and cats are euthanized each year; to add to this number by killing healthy ferals is unacceptable; last year a group of citizens in the State got together to fight the TNR Program; and they brought before the Fish and Wildlife Commission (FWC) misguided statistics. He noted it was a hate-filled campaign; the citizens swayed the FWC to vote a policy against TNR; people think it is open season now on the ferals; and in the past two months, 30 feral cats have been poisoned throughout the County. Mr. Cielukowski stated last month Port Canaveral Authority voted to continue the funding of TNR at the Port as it is working; people like Ellen Dozier are working with the Port and park managers to implement the TNR Program; and urged the Board to continue funding the Program.

Lisa Cielukowski stated she has always been an animal lover; she works at a lot of the resorts along Cocoa Beach and Cape Canaveral; she has been trapping ferals for nine years; and she started with 14 cats at her restaurant and now has three cats. She stated there is overwhelming support for the TNR Program; and requested the Board continue its support of the Program as it works.

Helen Filkins stated she was a technical writer at Kennedy Space Center (KSC); there was an article from U.S. Wildlife Refuge in the newspaper informing people and hunters that the migratory birds would be coming by and they could be shot; she has since learned that over half of the U.S. Wildlife Refuges allow the killing of migratory birds; and FWC is seeding an area in Punte Gorda to attract doves to allow people to shoot them. She noted there is also a hunting program for the young who will come there and learn how to shoot doves; she has been feeding cats for thirty years and has never seen a cat catch a bird; cats have a strong instinct to go after things that are moving; but they do not go hunting. She stated she once lived in Europe; the people there think America is backward in its treatment of animals; England, Ireland, Germany, France, Italy, etc. all have a TNR Program; and requested the Board continue the TNR Program as it works.

John Jordan stated emotional testimony of caregivers and volunteers is moving; however, scientific data from biologists, conservationists, environmentalists, veterinarians, and other wildlife professionals cannot be ignored; the opposition to TNR acknowledges there will always be feral cats; so there is the need for a new ordinance and revised plan to reverse the feral cats growing population by unifying professionals and volunteers needed to manage them. He noted Mr. Engelson’s recommendations reflect a responsible approach on how to deal with the growing feral cat population and provide strict accountability to the people of Brevard County and the utmost consideration to threatened native and migratory species of wildlife; and in order to speed the passage of the new ordinance and compliance with colony relocation, any and all future funding for TNR should be discontinued at this time.

Carolyn Sheriff stated she is getting tired of taking time off from work to defend the TNR Program; it has proven to be successful; she has been a volunteer since its inception; and she has worked at every clinic since 1999. She noted her group keeps better records than the County shelters; she has been responsible for making sure that every cat that receives a vaccination is provided a rabies certificate; she maintains a database, which contains information on every colony that is registered with the Space Coast Feline Network; and her group never sees a penny of County funding and the money goes directly to the veterinarian. She stated for someone to make the unfounded accusation that her group is unaccountable is ridiculous; she understands the Board is making its decision whether to fund a TNR Program based on the feral cat Ordinance; the County already has a feral cat Ordinance; and it has been in place for four years. She noted over 5,000 cats have been sterilized and over 1,000 kittens have been given homes, preventing thousands of additional feral cats from roaming the County; and inquired why would anyone want to terminate a successful program. Ms. Sheriff stated to waste time and money rewriting the feral cat Ordinance is ludicrous; Animal Services and Enforcement Department cannot enforce the existing Ordinances; and the Ordinances are totally unenforceable. She noted Mr. Engleson’s report indicates there would be a cost savings if the TNR Program was not funded; nothing could be further from the truth; it would end up costing the County a lot more money as the volunteers will not be there to stop the breeding of the cats; and at a cost of about $160.00 per cat for Animal Services and Enforcement Department to trap, transport, temporarily house at the shelter, kill, and dispose of the carcass would have cost the County about $960,000 for the 6,000 cats and kittens that her group has taken off of the streets. She stated that does not include the kittens that would have been born had the cats not been sterilized by her group, which would have been about 84,000 additional cats on the street; one female cat averages four kittens per litter about three times a year; it would have potentially cost the County $13,440,000; and to stop funding for the TNR Program would not be a savings. She noted a meager $25,000 is peanuts, especially considering that Animal Services and Enforcement Department’s budget is $3.3 million this year; the volunteers provide the County a valuable service; the County should be begging the volunteers to help it; and requested everyone get back to working together to reduce the feral cat population through sterilization as it is the only humane solution to the feral cat problem in Brevard County.

Dr. Christine Storts stated Dr. Gayle Golab, Chairman of the AVMA Welfare Committee, indicated that the American Veterinary Medical Association does not endorse TNR; cats do not spontaneously regenerate; there is no natural niche for feral cats; and if a vacuum is filled after removal of cats, it is filled by existing cats or further abandonment of cats. She noted no one against TNR are against the trapping and neutering; spay and neuter is extremely important to everyone who cares about animals; it is the return or release part of the Program that is the concern; and urged the Board to follow the FWC’s Policy. She stated based on science, the FWC has provided clear guidance to local officials and government regarding TNR; and requested the Board listen to the recommendations of staff, insist on more accountability and oversight, mandate secure enclosures and safe responsible County locations for free-roaming cats, and return the responsibility for the care of homeless animals to the County’s professionals and officials. Dr. Storts requested the Board halt funding and the current TNR activities until a responsible feral cat Ordinance can be written.

Ann Hunt stated in May 2003, Space Coast Feline Network conducted a survey of feral cat colony caregivers in the County to determine the effectiveness of the TNR Program; many of the caregivers involved with feral cat care used their own funds for many years before the County began funding free spay and neuter clinics for feral cats; this information is also reflected in the survey; and the purpose of the study was to collect real life experienced data from active colony caregivers who have used County funding to spay and neuter at least some of the feral cats and their colonies, and to get an indication of the success of the TNR Program in the County over the initial three and one-half years of the County-funded Program. She noted completed survey forms were received from 56 caregivers for 60 colonies or approximately 14% of the colony givers in the database of registered colonies; this is required by the County’s Ordinance stating that managed feral cat colonies be registered with an agency designated by the County; while this was a good response rate to the survey, caregivers for some of the larger known colonies in the County did not respond; and since there have been large decreases in the numbers of cats in the colonies over the years they have been managed, the survey results do not include those successes. Ms. Hunt stated it was not intended to be a scientifically-based statistical study; that type of study should be done in the future but will require a commitment of resources not currently available; funding of personnel, including statisticians to design the survey appropriately would be needed at that point; and the survey responses reflect both stabilized colonies, which are colonies where all the cats have been spayed or neutered and where any new people-friendly cats in the colony are removed and homes found. She noted if the cats are feral, they are quickly targeted for TNR; in managed colonies where TNR has begun, all the cats have yet to be trapped, spayed and neutered; colonies that are beginning to implement TNR often show increases in the number of cats in the colony because there are still breeding cats in the colony that need to be trapped; however, the data collected shows that the number of cats in the stabilized colonies definitely decreases over time, sometimes dramatically, demonstrating the effectiveness of TNR. She stated the survey dispels the myth of large numbers of pet cats being dumped into existing colonies, an argument that is often used by people opposed to TNR Programs as a reason they believe TNR Programs to be ineffective; although the study is based on limited data, the results show a definite decline in the number of cats in the colonies that are implementing TNR in the County; in stabilized colonies where all the cats have been spayed or neutered, the numbers are even more dramatic; and all of this suggest that the TNR Program is working and should be continued and expanded. Ms. Hunt noted more than half of the caregivers indicated there had been no new friendly cats that had come into their colonies since they had begun caring for them; most pets that are abandoned by their owners are typically left at the home; this does not mean pet cats are not abandoned where feral cats congregate; but it is not of the magnitude proposed by anti-TNR people. She stated the survey shows that TNR works; and urged the Board to continue funding the TNR Program and delay any changes to the Ordinance.

Ellen Dozier stated the FWC adopted a Policy on May 30, 2003 against feral cats; an administrative judge determined the Policy is basically a statement of the FWC’s position on feral cats and not a rule; the Policy does not set forth any law, procedures, practices, or strategies for addressing feral cat populations; and it does not interpret, implement, or prescribe law or policy for local governments. She noted the FWC’s statement of position is no authority to tell Brevard County how to deal with its domestic animal over population problems, feral cats or otherwise; the decision to implement or continue a feral cat program is strictly a decision of local government; and requested the Board make its decision today regarding the staff report on facts and not based on all the spins that have been put on feral cat issues. She stated feral cat colonies existed in the County long before the program began; Joe Ward provided a report to the Board in April 1999; he estimated feral cat populations were possibly as high as 100,000 in the County; but the only real way to project it is looking at shelter kill deaths or road kills. Ms. Dozier noted the shelter deaths for cats in 1999 was 9,863 in the County, according to reported statistics; however, the statistics from shelters are inconsistent for the past six years and not a good measure to tell the County where it is or where it is going; there needs to be more consistent reliable statistics; but feral cat populations are decreasing. She stated most of the managed feral cat colonies are in the same locations today that they were five to 10 years ago, even though at that time Animal Control routinely harvested the populations to control them; now the colonies are managed and their locations are not secret; it is a fact that over 5,000 cats have been sterilized under the Program; and those cats nor their would-be offspring are contributing to the feral cat problem in the County. She noted the only programs or resources the County directs toward reducing unwanted populations is the $25,000 that is spent on feral cat sterilizations; the staff report is full of solutions, but nowhere are the problems quantified; and inquired what facts prove to the Board that feral cat populations are increasing, complaints have increased, there is no accountability over the feral cat sterilization program, the public’s health is at risk due to managed feral cat colonies, and they are endangering peril species that are being impacted by managed feral cat colonies. Ms. Dozier stated the Program is not perfect; the world is not perfect; everybody would agree that every decision the Board makes is not a perfect one to deal with every problem perfectly; animal control and shelter operations are not perfect and flawless operations; and the TNR Program should not be held to a different standard than every other Program in the County. She noted it is a good solution; it has problems like other programs do but they are being worked through; and encouraged the Board to leave the existing Ordinance in place. She stated if the Board feels the need to approve a citizens advisory committee, such committee needs to focus on the animal overpopulation problem; the County kills 13,000 animals a year; it has no programs to reduce that number except the TNR Program; and resources need to be used, including low cost, no cost spay and neuter services.

Mary McKenzie stated the current feral cat Ordinance provides that a registry be maintained by a designated group; such group is the Space Coast Feline Network; there is a list of every person who has participated in the spay/neuter program since the first clinic in September 1999; and whenever Animal Services and Enforcement Department has a complaint about a colony, the Network is contacted and information is provided, whether or not the colony is registered. She noted the Network also works closely with BASE to try to resolve any of the issues related to feral cats in the County; since the FWC published its Policy, cats are being poisoned in Cocoa Beach and shot in Canaveral Groves; about 50 cats have disappeared; and BASE has been made aware of this since it is against the law to willfully kill a cat and discharge a firearm in a residential area. She stated there have been several leads of names of persons who have boasted of killing and shooting cats; the statement that there is no record of rabies vaccination is incorrect; Ms. Sheriff is responsible for filling out all the rabies certificates for each clinic; and she is responsible for maintaining them. Ms. McKenzie noted extensive records are kept for each clinic; the Board has been provided with copies of the forms; the Network has been and continues to be responsible and effective in administrating County funds for TNR; and complete records are kept and available to BASE on request. She stated the downside of a governmental agency maintaining a registry is that it would be subject to the Freedom of Information Act and requests from people who want to harm cats could be made; the reason the list is not made public is to protect the cats and colonies; the cats greatest level of safety comes from being hidden from people and not having their locations made known; and the Network has spayed and neutered over 5,000 cats. She noted hundreds of kittens have been taken out of colonies, socialized, and been adopted into loving homes; it has been repeatedly suggested that the cats should be placed in a sanctuary and not returned to their colonies; so far no one has identified where there is land, where the money would come from, the purchase of land to build a shelter, or where the volunteers would be found to take care of the cats on a daily basis. Ms. McKenzie stated TNR works and is effective; it is the only humane method of controlling population; colony sizes are decreasing; and the Network is operating within the guidelines of the Ordinance. She noted such Ordinance is working and does not need to be revised.

Lynn Mannix stated the word “rabies” conjures an image of a snarling, crazed animal foaming at the mouth, ready to attack, and inflict this horrifying condition on someone, a condition which can only worsen until someone suffers an agonizing death; it could happen to anyone if they did not live in the 21st century; the fact is that today, rabies is not the public health threat it once was; and nationwide education and immunization campaigns begun in the 1940’s and 1950’s virtually eliminated rabies in domestic animals. She noted according to the Center for Disease Control, the number of rabies-related human deaths in the United States has declined more than 100 annually at the turn of the last century, to a total of 36 cases between 1990 and 2002; it is an average of three per year; seven of those 36 cases were contracted outside of the United States; and compared to the national average of 73 deaths per year from lightning strikes, with Florida leading the nation with an average of nine deaths per year, one gets an idea of what a rare disease rabies actually is today. She stated the last recorded case of human rabies in Florida occurred in 1948; today the vast majority of rabies cases are found in wild animals, such as raccoons, skunks, and foxes, with raccoons as the most common carrier in Florida; the Florida Department of Health reports that between 1981 and 2000, rabies cases in cats, both indoor and free-roaming, averaged 10 per year in Florida compared with 115 cases per year for raccoons; and for the year 2002, there was one case of cat rabies reported in Brevard County. Ms. Mannix noted the prophylactic treatment for rabies available today is 100% successful in preventing the disease in someone who has been bitten or scratched by a rabid animal if it is given promptly after exposure; a series of relatively painless vaccinations are given in the arm over a 28-day period and adverse reactions to the vaccine are uncommon; in spite of these facts and figures though, the idea of rabies still inspires fear; and feral cats make easy scapegoats for fear, even though feral cats rarely become carriers of the disease. She stated unfortunately raccoons, the primary carriers of rabies, are attracted to feeding stations in feral cat colonies; everyone here today agrees that the number of feral cats should be reduced; the overwhelming question is how; and all the evidence points to TNR as the most cost-effective and humane method. She noted feral cats that are trapped and neutered are also given rabies vaccinations; and inquired since the cost to taxpayers of trapping and euthanizing feral cats is greater than that of trapping, neutering, vaccinating, and returning, why would one opt for the more expensive tactic. She stated no one has the funds to trap and euthanize all feral cats; if the County eliminates TNR, it will be overrun with breeding, unvaccinated cats; and the statistic of 10 Florida cat rabies cases per year could soar. Ms. Mannix requested the Board support TNR.

Kathleen Harer stated she was the representative from Space Coast Feline Network to the Feral Cat Advisory Group; from the time the Group was established, she questioned the basis on which it was formed, which was that the number of feral cats in Brevard County was increasing, as were nuisance calls related to the cats; she personally has tried for the past two years to obtain relevant and accurate statistics related to feral cat issues from the County, but with limited success for various reasons; and she received a call this morning that the FY 03 statistics were now on the BASE website, but she was unable to reconcile some of the numbers with previous data provided by BASE. She noted her numbers are based on information given last month by BASE; the claim that the number of feral cats is growing cannot be justified; there has never been a count of the number of cats in the County; and the best guess of a former head of Animal Services and Enforcement Department several years ago was 100,000; and it has become the official baseline. Ms. Harer stated comments made by herself during the Advisory Group meetings that the total could be as high as 150,000 or 200,000 have become distorted and used as so-called “evidence” that the numbers are increasing, have doubled since TNR began, and are out of control; nothing could be further from the truth; the numbers are decreasing and the Program is working; and even after being corrected in Advisory Group meetings and in front of the FWC, the same people continue to use the distorted information in a misinformation campaign to stop the TNR Program. She noted the truth is that the number of feral cats could be as low as 50,000, but the bottom line is that no one knows what the actual number is; given the nature of feral cats to hide from humans, nobody ever will know; the resources needed to count feral cats in as large a County as Brevard would be a waste of those resources that could be better applied elsewhere, such as trapping the cats and getting them fixed so they will not continue to breed and contribute to the population; and as far as nuisance calls related to cats, BASE maintains a database using a new system. Ms. Harer stated more classification available to using the system is to categorize the calls involving a feral cat; however, without reviewing each individual file, BASE is unable to tell if a call actually involved a feral cat or not; but assuming the initial classifications are mostly correct, the database for FY 2002 and FY 2003 shows the total number of cat nuisance calls has declined from 1,839 to 1,366 through the end of August; and that is a 25% reduction in the number of nuisance calls. She noted the total number of calls categorized related to ferals themselves declined from 48 to 18 over the same period, which is a 62½% reduction; the number of assistance calls about stray cats in general has declined from 2,704 to 2,198, a 19% reduction; and inquired does this sound like a growing feral cat problem or is it an indication of success, and does it call for additional action from the Board or continuing a program that is working. She stated adding the results of the survey presented earlier by Ann Hunt indicates that the numbers are indeed decreasing; if anything, the County needs to expand the Program to reach more colonies and their caregivers since dollars spent for TNR are dollars that did not have to be spent by Animal Services and Enforcement Department to address nuisance calls or euthanize feral cats and kittens brought to the shelters; keeping data on important metrics is critical to the success of any program; and metrics that will be success indicators must be defined earlier in a program and data gathered to measure how well the program is performing in relation to those metrics. Ms. Harer stated the metrics and nuisance calls are an important part of showing progress toward the goal of reducing feral cat populations in the County; another critical metric is the number of kittens being born in the wild; this metric is partially measured by the number of kittens brought to the local shelters for adoption; however, the County shelters do not keep statistics on intakes by adults versus juveniles for cats or dogs. She noted it is important to have such statistics as other municipalities do; otherwise, the County will not have meaningful performance metrics that can demonstrate program success; it needs to get statistics from other shelters such as Central Brevard Humane Society; and urged the Board to note the success of the Program over the past four years, release funding for FY 2004, accept the Feral Cat Advisory Group report as is, and not take any action at this time on revising the Ordinance. She stated the Ordinance as written has helped move the progress and success of the TNR Program in the County; and requested the Board not take actions based on lack of good data on success metrics, which is the situation now.

David Sheriff stated the cats are already out there; the volunteers work with the animals and also sterilize them; if the funding is not continued, the cats will be breeding if they are not sterilized; and there will end up being 50,000 cats. He inquired what does the County get for $3 million for animal control services; stated it is getting 6,000 or 7,000 cats off of the road, but there are 50,000 cats generating 12 replacements when they do not get neutered; so there could be 600,000 cats; and there is no way Animal Services and Enforcement Department can keep up with the workload generated. He noted the cats are better at breeding than the County is at catching them; the County is pouring more money into a big black hole; it is never going to fix the problem as the resources are not available; and the money is not there to be able to take the large number of cats off of the streets. He stated NASA had a similar situation with cats; it was paying people overtime to round up cats; over the years, the cats have been populating and breeding out of control; and then volunteers trapped the cats without government money and cleaned it up. He noted one can hardly find a cat now; volunteers are the secret; there are a lot of people who love cats and are willing to spend a lot of time to do it; and requested the Board continue funding the TNR Program.

Mary Karel requested the Board continue funding the TNR Program and not revise the Ordinance; stated she read in the newspaper about Commissioner Scarborough’s concern of cat colonies kept secret; she has a colony and has kept it a closely guarded secret; and if the secret was out, there would be people trying to poison the cats. She noted since FWC is able to do it, people think they can do it also; her colony consist of two cats; two years ago she took her cats to TNR to be neutered; and today she still has a colony of two cats, one brother and one sister. She stated the cats are mostly in her yard all day long; the cats do not hunt birds; the cats are well fed and taken care of; and the County cannot afford to pay the volunteers the hours they put into the Program. She noted $25,000 is a drop in the bucket and it only pays for the vets; the money and the Ordinance go hand-in-hand; if the Board decides it is not going to fund the Program or if it is going to change the Ordinance and weaken it, it is not doing a service to the constituents; and they will be calling the Commissioners because they will be overrun with feral cats.

Gail Gonzalez stated she is a member of the Audubon Society and Space Coast Feline Network; the Society does not have a consensus on TNR; she believes the most effective way to reduce the number of cats is to provide spay/neuter assistance; and requested the Board restore funding for the TNR Program. She noted she has written letters to governors and made calls in support of various conservation issues; TNR is another component of her conservation efforts; she lives without air conditioning as she regards it as a waste of resources; and TNR works, is cost effective, and affects the popular mindset in a positive manner.

Lisa Grace Kestel stated she fully supports the TNR Program as do many other people; and requested the Board continue funding the Program.

Walter Pine stated feral cats are an invasive species; the policy of the State is to remove invasive species as they impact resources; the cats impact native flora and fauna; and encouraged the Board to consider removing the cats and not just decreasing their numbers. He noted eventually the County should get to where there are no feral cats; he does not support the TNR Program; there are people who support TNR, combined with euthanasia; and there are various beliefs within TNR. He stated he supports people being involved with government and volunteerism; $25,000 is a small amount to pay for the amount of volunteerism that is put in the Program; it can be one facet of the solution; but it is not the entire solution. He expressed concern with colonies being kept secret; stated one individual mentioned she keeps records of colonies and people have requested such records, but she does not provide the information; if State funds are dispersed to someone, he or she is required under the Sunshine and Public Records Laws to provide the records; and if the groups do not wish to comply with the Laws, they should not accept the funds. He noted since one person has stated she is not going to give out the locations, then the funds should not be dispersed or accepted; under Florida Law 119.10 (2), it is a first degree misdemeanor to intentionally refuse to comply with the Public Records Act; encouraged the Board to fund the TNR Program volunteers and other volunteer organizations as they do a lot for the County; and discouraged the Board from considering the TNR Program as being the whole solution. Mr. Pine stated the goal should be the reestablishment of native flora and fauna as much as possible; whether it is dogs, cats, or Brazilian pepper trees it does not matter; the goal is to undo the damage that has been done; and as long as the Board is moving toward such goal and the TNR group can be part of that, it is well worth funding them. He requested the Board keep its policy and eyes toward some form of a solution.

Melinda Buschor stated if the Board does not want to fund $25,000 for the TNR Program then it should not do so; everyone is tired of coming to the meetings and requesting funding; the volunteers will continue TNR; but to put the volunteers through this is ridiculous. She noted she received information from the State of Florida, Office of the Governor, stating, “It should be noted that a policy is not a rule or a regulation. It does not prescribe specific prohibitions nor does it mandate any law enforcement action”; cats being trapped and killed is an insult to the doers in the community who offer out of their own pockets low cost spay and neuter services and give animals a second chance when their time is up at local shelters; the FWC ignored the public; and 99.9% of the people that came before the FWC agreed with TNR. She stated the report given to the Board showing 100 people came out to oppose the TNR Program is not true; the majority of the people who came supported the Program; there were probably a handful of people that opposed the Program; and the Ordinance needs to stay intact. Ms. Buschor noted the Board needs to fund the Program 10 times more than it is presently; she and the SPCA came before the Board to mandate spay and neuter in the shelters and it was approved; the shelters now working with pet rescue is not because they wanted to, but they were forced to; and she is ashamed. She stated low-cost spay and neuter programs need to target areas that show the greatest incident of producing unwanted litters, which include low income areas; the surplus cat problem is largely caused from unknown intact feral or free-roaming cats that rapidly reproduce and supply the bulk of the kittens to households; the information comes from the United States Overpopulation Library; and the few people that have complained have done nothing to help, but only to twist this into a bird issue when all evidence shows that feral cats do not impact any bird population, but dumpsters behind fast food restaurants. Ms. Buschor noted if the County truly cares about wildlife, it should give oral pellets to the wildlife to protect them from rabies, which would protect the citizens; she e-mailed the institute which came up with the rabies vaccine; it indicated there is evidence that bats transmit rabies to other animals; but she likes bats too.

Thelma Roper stated her family has serious problems with allergies to cats and cats coming into her yard; children run the risk of ringworm and things; she has no problem with cat colonies as long as they are not in a fairly populated area where there are lots of children or people with severe allergies to cats; and there is someone in her neighborhood now who does TNR. She noted the TNR is done in the neighborhood; the individual does not monitor the cats; there were serious problems with the cats in her yard; and her family ended up having to trap the cats and take them to the SPCA. She stated she has no problem with trapping and neutering the cats; if the cats are not where they can be a health and safety issue to other persons, she does not have a problem with it; the people that take care of the cats are wonderful; and the Program needs to be funded, but some of the issues need to be reviewed, including where the colonies are located.

Virginia Sobredo stated she has been a member of Space Coast Feline Network for approximately three years; she supports the TNR Program 100%; the recent decision made by FWC based on limited studies has already sent out a negative message regarding feral cats to the point that people are taking matters into their own hands and poisoning cats; and taking or reducing the funding from the TNR Program will only increase the population of feral cats and more cats will die. She noted putting aside the humane aspect of the issue, the County should think about the financial aspect and burden it will put on all the animal shelters; the intake numbers will definitely increase; the euthanasia numbers will also increase dramatically; and cutting funding for the Program will cost the County more money, which does not make sense. She stated TNR is proven in controlling cat overpopulation; and it is both humane and cost-effective.

Eva Nagymihaly stated the feral cat issue is worldwide; expressed appreciation to the volunteers for their hard work and volunteer time; stated she is new to Brevard County and likes the trees and natural areas that have remained; and she originally came from a big city. She noted birds need trees; pine trees are important and not invasive; if the trees are kept the birds are not on the ground; and it is important to treat the animals in a humane way. She stated the Board has that choice today to continue what it has been doing; and requested the Board continue funding the TNR Program.

Mackenzie Quirarte read a statement from Elaine McClung, as follows: “I often see vultures on the side of the read eating various mammals. I have come to the scientific conclusion that vultures hunt in packs, killing our native wildlife. Believe it or not, this is as scientific as the studies, which you have heard about feral cats killing wildlife to extinction. I have given each of you a packet of scientific studies, which indicate TNR is a proven method of reducing feral cats. In the packet you will also find a paper explaining the studies most cited by TNR opponents and then flawed reasoning and the methods used for these studies. There was a cartoon in the Florida TODAY, which showed a cat crouching low headed towards a garbage can. The caption read, ‘Cats instinctively stalk their prey’. The cartoonist seems to know our urban ferals better than most opponents of TNR. Volunteers who trap for the TNR Program will tell you colonies are located around restaurants, apartment complexes, housing developments, etc., virtually any place that there is a dumpster or garbage can. These same volunteers from a huge network dedicated to one purpose, the humane elimination of feral cats, use their nights, weekends, and holidays to trap, alter, feed, and where possible, tame and adopt the cats. These same volunteers are citizens of Brevard County working tirelessly without pay, without thanks, disrupting their own family lives to be part of the solution to Brevard’s pet overpopulation problem. This same network will not trap to kill. Without funding the TNR Program, is there anyone who has come forward with an alternative solution? The FWC suggested shooting the cats. Do you really want to endorse a program involving people with firearms in our neighborhoods? Other opponents of TNR have proposed putting all of the ferals in enclosures. If this were even possible, which it is not, who will pay for these enclosures? Who will pay for the land to put the enclosures on? Who will take care of the cats on a daily basis since these structures would have to be located in remote areas? If sheltering animals were a workable solution, would Brevard County be killing 1,000 dogs and cats each month in its two County shelters? And those are primarily adoptable animals, not feral cats. Should you decide not to continue funding TNR, do you have a replacement program based on scientific studies that will be a solution to eliminating feral cats? Do you have a volunteer network in place to trap? Do you expect Animal Services and Enforcement personnel to do trapping, transporting, sheltering, killing, and disposal of carcasses within its existing budget or even with the minimal amount of $25,000 allocated for the TNR Program? Their cost for doing this was estimated three years ago at over $160.00 per animal. A cat that is TNR using volunteer help is only $30.00. Do you have a program ready to start before Spring when the kitten season begins? If the answer is no to all these questions, then you should continue to fund TNR since it is the only preventative program addressing feral cats. Those species, which do not adapt to mankind’s need for a television, cell phone, development, pesticides, and fertilizers, are on their way to extinction. It’s easier to make feral cats scapegoats than to put the blame on our own shoulders.” Ms. Quirarte stated she represents the SPCA of North Brevard and Space Coast Feline Network; County funding for the feral program is something the County cannot afford to stop; many facts and figures have been provided to the Board as evidence that TNR is a program that works; right now the County supports decreasing pet overpopulation by sterilizing animals that leave the shelters and by funding the TNR Program; to take the funding away will ultimately reverse the progress the County has made to reduce not only the feral cat population, but the litters of kittens that are brought into the shelters; and without a second thought to the short life they have had, they are destroyed. She urged the Board to continue funding the TNR Program; stated the only way to maintain a pristine environment in Florida is to stop over development and knocking trees down; people moved into Florida and brought cats; cats are not native; and people let their cats loose, took away the Florida native environment, and are now blaming the cats. She noted cats do not knock down trees and erect buildings; and volunteers do not choose the location of cat colonies, but maintain them from where they began.

Frank Kizis stated he has never seen cats have a major impact on any wildlife wherever he has been; the number one cause of pollution, crime, and wildlife destruction is over development called TMP, too many people; the Board has heard facts from reports from people advocating TNR; and TNR works and has worked in every community he has lived in the United States. He noted TNR should continue to be funded; he was shocked to hear the Florida Audubon Society come out against feral cats, TNR, and the programs in place; when he lived in Washington State, he was a board member for the Northwest Chapter of the Audubon Society, which covered the State of Washington, Idaho, and Oregon; and such Society would be totally shocked at the Florida Audubon Society to hear it say it is against the feral cat network. He stated the TNR Program works in the northwest and it should work here; and requested the Board continue funding the TNR Program.

Deborah Raskett stated her cats are inside, but they occasionally go outside; one of her cats caught a mouse, but she let the mouse go; it is rare for her cats to catch anything; and requested the Board continue funding the TNR Program. She noted the problem is over development; people are the invasive species; individuals from Miami and Fort Lauderdale are moving to Brevard County as they want the quiet, nice environment after they have destroyed what they had down south; there is no place for wild animals to go; and the $25,000 should be doubled. She stated some of the volunteers taking care of feral cats provide some of the food for them; she is starting to take care of a colony; the main thing is keeping the cats from reproducing; and some people do not like cats, and she prefers quiet without children.

Cathy Frazier stated her colony is on Brevard County property; there are about 30 cats; all of them are fixed except about four cats; and this last season there was only one litter of kittens, so the TNR Program is working. She noted the cats that are fixed are healthy and fine; the County’s colony is doing great; and hopefully the County will not destroy the cats.

Commissioner Scarborough stated there are volunteers who give their time to work the TNR Program; euthanasia financially does not work; the Program has to work as the volunteers take time to make it work; and he can support existing funding or increased funding for the Program. He noted the TNR Program is working, and the County needs to keep it working.

Commissioner Pritchard stated it was mentioned that FWC has a history of making a decision with limited input; he agrees with that comment; and requested Mr. Engelson comment on the report, which included the recommendations of the Feral Cat Advisory Group.

Animal Services and Enforcement Director Craig Engelson stated the Feral Cat Advisory Group met six times where it discussed the issues; it came up with limited recommendations; one of the first recommendations was to rewrite the current feral cat Ordinance; and the Group gave him limited information on what to change, but it wanted such Ordinance changed in some way, shape, or form. He noted the Group also gave him numerous ideas on education, baseline counts for feral cats, encouraging early age spay and neutering, and to start low cost, no cost spay/neuter programs that may be County funded. He stated the recommendations the Group agreed to on colony locations was what it came to consensus on; and such recommendations were placed in the report. Commissioner Pritchard stated most of the speakers have said do not change the Ordinance; and inquired what is in the recommendations that the volunteers do not approve of. Ms. Harer responded she does not recommend that the Board make any changes to the Ordinance; Space Coast Feline Network is happy with the way it is; the Network was trying to work with other members of the Feral Cat Advisory Group to see if there could be areas of consensus; the Network is seeing the results of the TNR Program and Ordinance; and the number of feral cats are decreasing and the Program is a success. She noted the Network’s recommendation is to leave the Ordinance as it is and try to get additional information; requested the TNR Program be funded for another year to see how things go; and noted then discussion could take place about putting a group together, if necessary.

Commissioner Pritchard stated what was recommended was to develop an ordinance review committee to develop an effective ordinance or direct BASE to develop an ordinance on feral cat management; and inquired would Ms. Harer be opposed to having an ordinance review committee enacted now with the six representatives. Mr. Harer responded yes, as the Network does not believe it is necessary, and the Ordinance is fine the way it is written. Commissioner Pritchard stated the Feral Cat Advisory Group, which Ms. Harer was a part of, recommends by consensus, that an ordinance review committee be created. Ms. Harer stated she understands; from the very beginning of the Group, the Network did not feel it was necessary to have the Group put together because it was established based on poor information and data; there is still poor information and data on the Program; and the Network would like to see status quo and the Board accept the report as it was. Commissioner Pritchard noted when he met with Ms. Harer last week, he gave her a homework assignment; he was proposing a one-year intensive TNR Program; he has since spoken to a few other people; and they indicated one year may not be practical, but three years may be. He stated the whole point is in a time period to provide resources, whatever that amount may be; there is a limited amount of money the County has for everything it likes to do; volunteers could trap, neuter, and release as many cats as they can during that time; and after that, any cat that is picked up that has not been trapped, neutered, and released would be taken to a shelter. He noted if the County continues to fund $25,000 or whatever amount each year for the TNR Program, it becomes a line item in the budget; there is never any end to it; there has to be some finite end to how long a program should continue; and he can see having the colonies and appreciates the volunteer work, but if more cats are accepted, it is a never-ending project. He stated there will always be the feral cat network; he does not ever remember seeing as many feral cats as he sees now; Ms. Harer gave him a response on a proposed one-year TNR Program, which he will send to the other Commissioners; the only way the County is going to ever fully address the Program is to make it an intensive program; and there is no way the County could ever fund 100,000 cats at $30.00 each for $3 million. He noted it is not going to fiscally happen; and looking at the extremes of the Program, that part is not going to work. Ms. Harer stated there are other ways of forming coalitions to go after major funding from other sources, including Mandy’s Fund, which she discussed with each Commissioner; and it requires a coalition of the County, other municipalities within the County, shelters, including at least one no-kill shelter, volunteer groups, Animal Services and Enforcement Department, and veterinarians. Commissioner Pritchard stated there are eight acres in Mims owned and operated by Space Coast Feline Network; and inquired what are the plans for future development of the site for feral cats. Ms. Harer responded the Network has built a shelter for up to 100 cats; it filled up within weeks of opening, which is why sheltering is not a feasible solution; the cost was about $150.00 to $200.00 per cat to build a well-protected barn, which is fenced and screened; and the cats are kept in and the other critters are kept out. She stated it requires caregivers to go to the site everyday and feed and clean; it is not just the money for building more modules to take in another 100 cats, but one of the limiting factors is resources of the volunteers that have to travel 40 minutes to get to the site as it is so isolated; and it is not a feasible solution. Commissioner Pritchard stated developing an ordinance review committee can provide a framework to address an intensive program; perhaps other issues could be part of the development ordinance; there are a lot of opportunities; and he does not want to discount what the recommendations of the Committee are. He noted he appreciates all the volunteer efforts.

Commissioner Carlson expressed appreciation to the volunteers; stated even though the effort was supposed to be consensus-building and the recommendation came from such effort, there are still a lot of questions in her mind; statistics were given showing cost-effectiveness in the TNR Program; but she has not seen cost benefit. She stated she would like to see some cost benefit numbers; another issue she is concerned about is defining a standard for statistical gathering; Space Coast Feline Network gathered statistics and showed all of its information; but there should be some standard for other groups that also deal with feral cats. She noted she does not know if anything like that has been considered by the Advisory Group; perhaps targeting areas that have high incidents of feral cats could be considered; tracking feral cat calls, nuisance calls, making sure the right numbers are there, and upgrading County systems to account for all cats and kittens could be done; and she did not see a lot of data to make a good decision. Commissioner Carlson stated $25,000 is not a lot of money; the TNR Program is effective and the County should keep it; but there is room for improvement; the Program is part of the solution, but not the whole solution; and the County needs to work on that aspect.

Commissioner Higgs stated there are recommendations in Attachment 9 for amendments to the Ordinance; and the amendments are good ones.

Motion by Commissioner Higgs, to direct staff to bring changes in Attachment 9 for amendments to the Ordinance back to the Board.

Commissioner Scarborough stated the County has an ongoing program; if it loses its volunteers, it will never create this activity again; if the County believes it could face the danger of feral cat population increases, it needs to keep the volunteers intact; and $25,000 is cheap to keep the Program intact. He noted he would prefer to maintain the status quo and evolve into specific questions at a later time in a more systematic manner; the volunteers came here not to talk about the details, but to know whether they are going to have a program; and the Board needs to give the volunteers the Program.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve $25,000 for the Feral Cat Trap, Neuter and Return (TNR) Program.

Commissioner Higgs stated until she knows what is being funded and how the Program will operate, she cannot vote for the motion.

Chairperson Colon called for a vote on the motion. Motion carried and ordered; Commissioner Higgs voted nay.

Motion by Commissioner Pritchard, seconded by Commissioner Higgs, to acknowledge receipt of the Feral Cat Advisory Group staff report; and approve establishment of the Ordinance Review Committee specified in the staff report.

Commissioner Scarborough stated a comment was made earlier that the only way the County would be able to eliminate the funding of the Program is for cats to become an extinct species; there is always going to be someone leaving Brevard County who leaves their cat; there is the potential of a new colony being created within a short period of time; there are some things the County is always going to have to fund; and this Program is one of them. He noted it is cost control and effectiveness; and if that is what Commissioner Pritchard meant by his motion, he will support it.

Commissioner Pritchard stated there is no way to legislate that people cannot drop a cat or dog off, but he is looking at the cat issue the same as he would with a dog issue, should there be one; it is unusual to see a dog roaming free; but the Ordinance Review Committee could come up with recommendations. Commissioner Scarborough stated that is fine; he and Commissioner Pritchard both want to accomplish the same thing; but the question is how far can the County go. Commissioner Pritchard noted he is not trying to undermine the efforts of the volunteers; and he is trying to look at taxpayers’ money to see whenever the time comes up that it does not become a line item anymore. Commissioner Carlson stated she supports the motion; she hopes the Committee will review how effective other areas in the United States have been; and the County can learn by example.

Chairperson Colon called for a vote on the motion. Motion carried and ordered unanimously.

The meeting recessed at 3:27 p.m. and reconvened at 3:37 p.m.

RENEWAL AGREEMENT WITH SPEARMAN MANAGEMENT, INC., RE: STATE LOBBYING
SERVICES

Bruce Wechsler stated he is present to speak about the credibility and responsibility of Brevard County government, the people’s government; he has searched the Constitution of the United States and State of Florida; there is no reference to such thing as a lobbyist; and Webster’s Dictionary defines lobbyist as, “one who promotes, as in a project, or secures the passage of, as legislation, by influencing public officials or one who attempts to influence or sway, as a public official, toward a desired action.” He noted the question at hand is does Brevard County need or want to have someone who promotes, secures passage of, attempts to influence or sway working on its behalf; his understanding is that the County already has those people, called elected officials; the Board has the responsibility to citizens locally; and the delegation of State Representatives and State Senators have that responsibility in Tallahassee. He stated the United States Congressmen and Senators have that responsibility in Washington; from the corporate scandals of Enron and World Com to the obvious mood of the people of America, as evidenced by defeat of the tax in Alabama, the recall in California, and the defeat of the tax in Orange County, it is becoming obvious that the American people are beginning to stand up and say, “No more business as usual, and we’re not going to take it anymore”; as the popular phrase from the 1960’s states, “If you’re not part of the solution, you’re part of the problem”; and if the people cannot depend on their elected officials to serve their best interest, they surely are a part of the problem. Mr. Wechsler noted the County already has a lobbyist on payroll and Guy Spearman on Contract; it does not need either lobbyists; the taxpayers’ money should not be spent; and inquired with all the different interests Mr. Spearman apparently represents, how can the County know who he is really working for. He stated Mr. Spearman has not answered a simple request to show what he has done for the money paid; it is taxpayers’ money, not the Board’s, County Manager’s, or the lobbyists’ money; the attempt to keep the issue out of the Sunshine of public comment and buried under the Consent Agenda warrants close inspection; and Commissioner Higgs’ family’s company, the Paxon Group, has had a relationship with Mr. Spearman. He noted at the very least, this makes the awarding of the Contract suspect and the motivations and loyalty questionable; and Commissioner Higgs should recuse herself from the vote to attempt to provide some integrity to the Board.

Dale Young stated the County seems to constantly be working at odds with itself; hundreds of thousands of dollars are spent on the Economic Development Commission (EDC) and to restrain growth and business; it is the same situation on the lobbyist Contract; and the County is spending a lot of money for a lobbyist who is working at odds with the Legislative Delegation. He noted Mr. Spearman speaks of a team effort and how helpful the Delegation has been to his efforts; he seems to have it backwards; Mr. Spearman should be helping the Delegation’s efforts; and he has been heavily involved in pushing the High Speed Rail, which does not seem to have a lot of impact for the County. He stated Mr. Spearman has a personal feud with one of the Delegation members; if he cannot work with the Delegation then he cannot work with the County well; consequently, it has lodged into a feud that has continued on; and Mr. Spearman has an agenda to get rid of one of the Delegation members. He noted it seems when the Delegation does not agree with Mr. Spearman’s agenda, then he would prefer to go his own way; he gives the Board an ultimatum if the Board wants his professional services or does not want them; and the County does not need Mr. Spearman’s services. Mr. Young requested the Board oppose the renewal agreement.

Glenda Busick stated there is a huge number of taxpayers’ dollars going to lobbyists in different counties throughout Florida; the cities also pay for lobbyists; the lobbyists are running the country; and they have special interests. She noted many years ago an article was written in the Orlando Sentinel about Mr. Spearman; there was also an article written by the Florida

Common Cause; and such article stated, “The lobbyists play a game that I like to call ‘mutual extortion’. During the session, lobbyists go to legislators’ offices trying to sell them on a bill, and the legislators ask them for campaign contributions, which will be made during the same period that the legislators are considering the bill.” She stated none of the information is on public record; someone needs to straighten this out; Mr. Spearman lives in Brevard County, and has a house and business here; it is his hometown; in the past, the Orlando Sentinel quoted that Mr. Spearman had a six-figure income; and the newspaper listed various companies he lobbied for. She inquired when such companies are listed, does Mr. Spearman have to put the money he receives for the companies; $56,000 is pocket change to him; and requested the Board ask Mr. Spearman for pro bono work and to represent it because he loves his hometown.

Mike Moehle stated Mr. Spearman needs his six-figure salary because in 2002 alone, he gave over $212,000 for political causes; the County does not know what Mr. Spearman has done for it since he has been its lobbyist; it pays a lot of dues to Florida Association of Counties, which is supposed to represent the County’s interests; and the County has a lot of staff members who can track legislation and be involved in getting what it wants. He noted he does not see the need for a County lobbyist; with the open warfare with the Chairman of the Brevard County Legislative Delegation, he has a difficult time seeing how Mr. Spearman is going to be able to work effectively for the County with the Delegation; if the Board decides to renew the Agreement, it may be wise to put some kind of covenant in it that if Mr. Spearman deliberately attempts to impugn the reputation of members of the Delegation that the contract is terminated; and there should be liquidated damages in the contract for the County. Mr. Moehle stated in regard to Commissioner Higgs’ conflict of interest, he is looking at a memorandum from County Attorney Scott Knox dated September 4, 1997, which was the last time the Board voted on the issue; and read portions of the memorandum as follows: “A conflicting contractual relationship would be created under these circumstances; however, an exemption to a prohibited conflict would exist under Section 112.313 (12) (I), Florida Statutes, if your corporation compensates the lobbyist at the market rate.” He noted the memorandum that has been held out as being some kind of legal position that Commissioner Higgs does not have a conflict does not say that; it says that there is a conflict, but she is claiming that she has an exemption under Florida Statutes to that conflict; under the law, someone who is claiming an exemption to a statutory requirement is required to prove that exemption; and if Commissioner Higgs is going to participate in the voting and discussion in this matter, any agreements and correspondence her company has with Mr. Spearman should be made part of the record.

Chairperson Colon inquired is there a reason why Mr. Spearman is not present today; with County Manager Tom Jenkins responding the Legislature is in session in Tallahassee. Chairperson Colon stated she had requested Mr. Spearman be present when the Board was going to discuss his renewal agreement; and she is disappointed he is not here.

Commissioner Scarborough stated for a number of years he voted against lobbyists, but he has shifted on the issue; it is not to say that some things do not continue to concern him; other clients potential conflicts continue to always be a concern; and the primary question is whether the County needs a lobbyist. He noted the Florida Association of Counties cannot talk about specific things for Brevard County; the County has Kennedy Space Center here; members of the Delegation represent the County; and none of them have not gone out of their way to return a call to the Board immediately, even if it was extremely difficult to make the call. He stated the problem is legislation is made by different people; there are many issues going on simultaneously; and Carol Laymance is effective in working with the Delegation, but she does not have the contacts. He noted there is the question of why Mr. Spearman for a lobbyist; Mr. Spearman has contacts in Tallahassee; he is fully abreast of funding for projects in Brevard County; there are always continuous questions when the County has somebody representing it; and it always needs to be vigilante. Commissioner Scarborough stated he has answered these types of questions over a number of years as lobbyists come before the Board; when the Board recently hired a federal lobbyist, he supported it; previously it had a federal lobbyist and he was active in terminating the relationship as he thought it was not worthwhile; but he has moved over the years in his thoughts on the issue.

Chairperson Colon inquired about the conflict between the Chairman of the Delegation and Mr. Spearman and putting in the contract a provision that the lobbyist not be able to participate in contributions to any elected official in Brevard County.

County Attorney Scott Knox responded the County cannot include such provision in the contract as it would be in violation of the First Amendment; Mr. Spearman, though he is a lobbyist, has a right to freedom of association and freedom of speech, both of which are protected under the Constitution and encompass the right to make contributions to whoever he wants to; there is nothing that says one has to take the contributions; but he has a right to make them.

Commissioner Higgs stated since allegations have been made about a relationship between the Spearman Management Company and her personal company, she will respond to them; she has responded to them on a number of occasions and put it on the record previously; she asked the question of the County Attorney and the Ethics Commission first; and she received written responses from them. She noted she asked the question of the County Attorney when the Spearman contract was before the Board as it related to the RFP; when the situation first came before the Board to consider hiring a lobbyist there was no relationship between the company that she and her husband own interest in and Spearman Management; the Board voted to offer a contract at a reduced rate; and the contract was rejected by Spearman Management. She stated it was after that point when conversations occurred between her family business and Mr. Spearman; the County went out to bid; and when it was coming back before the Board, she sought the counsel of the County Attorney and a private attorney; and she also contacted the Ethics Commission and asked for a verbal opinion. Commissioner Higgs noted based on that, she voted on the Contract, subsequent to that, Mr. Young brought up a question of whether it was a proper vote; she requested and got for the Board and herself an opinion from the Ethics Commission dated December 12, 1997; in the opinion, the Commission wrote, “You questioned whether a prohibited conflict would be created if you voted on a contract with a professional firm where a business in which you own an interest and your husband is actually involved, is a client of the same professional firm”; and the opinion goes on to say, “Nor is there any indication that a conflict is created where your Company obtained services from the same company that will be doing business with the County. In CEO 94-37, the Commission repeated its conclusion that, ‘no conflict is created under Section 112, where a public officer has a contractual relationship with a business entity and in turn, that entity has a contractual relationship with another business entity, which is doing business with this agency.’ Accordingly, it would not appear that the situation you described to me creates a conflict of interest prohibited by the referenced provisions of the Code of Ethics for public officers and employees.” She stated that was not good enough, so it was brought before the Ethics Commission again; on January 23, 2003, it said the following: “The complainant describes an alleged situation concerning the respondent and her Company, essentially concluding that on December 9, 1997 votes by the respondent on the measure concerning the County Commission’s hiring the lobbyist violated Sections 112 of the Florida Statutes because her Company utilized the same lobbyist. The complainant fails to substantively indicate a possible violation of the law. The hiring of a lobbyist, firm, or agent does not make the firm a business associate of the person or entity whose interests are prescribed as represented via use of the firm. Rather, “business associate” is a statutory term requiring a common business enterprise. Further, the complaint fails to substantively indicate a possible violation of Section 112. As indicated by the letter from the Commission on Ethics’ staff solicited by the respondent in writing and by telephone at or about the time of the alleged votes, and a copy of the written response is attached, the Commission on Ethics held that no conflict is created where a public officer has a contractual relationship with a business entity where the respondent has a contractual relationship with her Company that in turn has a contractual relationship with another business entity, which is doing business with a public agency. In essence, rather than alleging facts indicative of direct gain or loss from the County Commission measures to a business associate of the respondents within the meaning of the statutory definition, and rather than alleging facts, meaning the required legal elements of Section 112, the complainant merely invites the Commission on Ethics to engage in a fishing expedition to develop information of dubious legal import. Accordingly, this complaint is dismissed for failure to constitute a legally sufficient complaint with the issuance of this public report, which shall include the complaint and all documents related to the complaint.” Commissioner Higgs stated the Ethics Commission received the complaint and has ruled on it; there is no conflict of interest; and she will vote on the issue.

Commissioner Pritchard stated the issue has blossomed since he requested the Board review what Mr. Spearman has been doing as the County’s lobbyist; and read items from the verbatim transcript of the Board’s August 26, 2003 meeting on the renewal agreement, as follows: “Scarborough: You know, I think you have a right to have a report from Mr. Spearman, you know, what he's done, what he sees happening. I think you, as the Commissioner, has a right to ask Mr. Spearman full analysis of what he’s done and where he wants to go. I think you have a right to have more information included in the packet, then we can bring it back. There are lobbyists up there in Tallahassee, there are good lobbyist in Tallahassee, but I’d like to know who up there could represent us better. If you would like to have it tabled so we can have additional information from Guy Spearman, I think that’s perfectly legitimate. If you’re willing to wait and see what each member of the Delegation says and see what Mr. Spearman says, then take that information and see where we are.” Commissioner Pritchard stated he made a motion and Commissioner Scarborough seconded the motion; the verbatim continues, as follows: “Scarborough: I would also encourage Mr. Spearman to provide us a report of the services he provides. Because it’s been a number of years, I think to get a report of what he’s doing and how he’s doing would be an important part of the record.” Commissioner Pritchard stated with that in mind, direction was given for Mr. Jenkins; unfortunately, the transcript at this point becomes a muddy because it says from Mr. Jenkins, “We’ll take care of it”; and then it is unclear because Commissioner Scarborough was talking over Mr. Jenkins. He noted it was at this point that Mr. Jenkins said he would develop questions, send them to Spearman Management, and provide copies to the Board for its review. He stated he waited until the questions were to come, but they never came; he wrote some questions and sent them to Mr. Spearman; what has now happened is it has become a personal issue where he has taken an affront that a person could question what he has been doing; and most recently in Florida TODAY was a comment from him saying he sent Mr. Spearman a questionnaire, but he did not send him anything. He noted Mr. Spearman said it was not true and he sent a response, but Commissioner Pritchard did not like the response he received; Mr. Spearman did send him a response, but there was no information in it; it was chastising him for asking the question of what Mr. Spearman has been up to; and the response read, “While most of your questions seem to be localized, they need to be refocused Statewide. There are 160 members of the Legislature and only a little over 4% of them represent Brevard. This leaves 96% from somewhere other than Brevard County. Should I ignore those members?” Commissioner Pritchard inquired if those members pay Mr. Spearman’s salary; stated the County is paying Mr. Spearman $50,000 and it is going to go up to $56,000 a year; Mr. Spearman should be representing Brevard County; and he does not expect something for nothing and does not begrudge Mr. Spearman from earning an income. He noted if Mr. Spearman can make $1 million a year or whatever he can make through his efforts, then good for him and good for the tax base; he does not have a problem with that; but he has a problem with not getting answers. He stated it goes back to February, 1999; and Commissioner Scarborough stated at that time, “I think the jury is still out on how much he has helped us. The problem is it’s impossible to really tell what he does. I voted to keep him this year because I’m hoping that we can get a system done that allows us to define what he does and develop a relationship.” Commissioner Pritchard stated he still does not think that has been done; he has a series of letters, including a thank you card from the Governor, which says, “Dear Guy. Thank you so much for your thoughtful note”; that does not tell him that Mr. Spearman did anything except send him a Hallmark card; and in the agenda item by Mr. Jenkins, he listed who he contacted, comments made, and said, “There was no need to contact Representative Allen based on the publicized dispute between these two individual.” He noted Representative Allen is elected by the people and is Chairman of the Delegation; he is having a dispute with the County’s lobbyist; and inquired how effective can this be on getting the County’s wishes and programs passed. Commissioner Pritchard stated there was an inference that perhaps he should go to Tallahassee and get an idea of what the process is about; he has been to Tallahassee and has a pretty good idea what it is about; and when there is a Republican Governor, a Republican Cabinet, and Mr. Spearman on the Host Committee for Bob Graham for President against the Governor’s brother, he would not think he would be too effective a lobbyist. He noted he has been told Mr. Spearman is persona non grata in Tallahassee because of this; a couple of years ago, John Thrasher said, “If you want to see things done in Brevard County, you need to get rid of Guy Spearman”; his point is he asked Mr. Spearman for information and received little of anything; and he has been going back and forth with Mr. Spearman with letters he sent him, the first one going back from September 15, 2003. Commissioner Pritchard stated he asked Mr. Spearman 15 questions; he wrote back and said, “Thanks for your letter of September 15th. While I want to be responsive, I don’t want to duplicate what has already been furnished to you.” He noted nothing has been furnished to him of any meat; that is what he finds interesting; Mr. Spearman goes further and insults him a little bit; and says, “I have a newfound interest in my Contract and performance”, which implies it has become a personal issue, but it is not. He stated he would like to simply know what he is getting in return for what he is paying; Mr. Spearman further says, “If you decide to come to Tallahassee in the future, you may find the process educational”; and he wrote back to Mr. Spearman, as follows: “On receipt of your letter of September 26th responding to my request for detailed information, although I appreciate you generalizing the legislative process, I’d still like a response to my questions requiring specific answers to make an informed judgment on your renewal agreement.” Commissioner Pritchard noted Mr. Spearman also represents the fireworks industry; the County is going to have an issue coming up about Chapter 791, which is going to severely restrict the sale of fireworks; and inquired so how effective is the County’s lobbyist going to be representing both sides of the issue. He stated he received a letter from Mr. Spearman that said, “Though on September 26th I responded to your letter, here it is again as a courtesy to the Board”; Mr. Spearman gave him no response; and when an elected representative of the community asks a paid employee for an answer, they should receive an answer. He read the following questions and answers, as follows: “How long have you served as Brevard County’s lobbyist? Answer: In the record already. Have you built and maintained effective working relationships with Brevard County legislators? Answer: See responses from a local delegation to Mr. Jenkins. Do you maintain an open dialogue with Brevard legislators about Brevard projects and needs during regular sessions and please explain how often? Answer: Of course.” Commissioner Pritchard stated he is not getting any answers; he is done with the contest; when he pays someone to provide a service they should provide that service; instead, he is getting a “how dare you even ask what I’ve been up to”; and he gets a series of downloads from the Internet and information provided by Ms. Laymance, who does a pretty fine job. He reiterated he is not getting responses from Mr. Spearman; the Board needs to have an RFP to see what it can do to find a lobbyist that is not only interested in representing Brevard County, but is also not the persona non grata in Tallahassee, and someone who will respond to questions when a Commissioner asks them and not take it personal.

Commissioner Carlson stated the October 15, 2003 memorandum to Ms. Laymance from Mr. Spearman points out how well the Delegation has worked over the last few years and how actively he has lobbied; this is a piece of accountability she was looking for; Brevard County would be behind the “8” ball if it did not have a lobbyist; and she will move the item.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to execute Renewal Agreement with Spearman Management, Inc. for State lobbying services in the amount of $55,692, from October 1, 2003 to September 30, 2004.

Chairperson Colon requested staff explain some of the things the County has been doing for the last three years in accommodating the different departments and agencies in meeting with the Delegation in Brevard County.

Assistant County Manager Don Lusk responded staff has been meeting on a periodic basis once or twice a year with several of the Legislators from the Brevard Delegation to go over mainly human service issues; it is an opportunity for the agency directors who are specifically involved in the local issues, especially unfunded and unmet needs, to discuss with the Legislators their ideas, needs, and activities they have been involved in; and it is an opportunity for the Legislative Delegation members who attend the meetings to give information to agency directors, and citizen and constituency groups that can also make some impact in Tallahassee. He noted the agency directors and Legislators have found it to be quite helpful.

Chairperson Colon stated some of the people who have sat at the table include Department of Juvenile Justice, Circles of Care, and HOPE; she has found it to be helpful and so have the agencies; Representative Thad Altman was present at the last meeting; and he is wonderful to work with as he has County experience being a former County Commissioner.

Commissioner Pritchard noted the motion is to approve the Renewal Agreement, 5% cost-of-living adjustment, CPI increase, and two optional renewal years; and suggested the County strike the two optional renewal years. He stated the Board is basing its decision on the list Mr. Spearman checked off without any supporting documentation; he realizes Mr. Spearman contributed $2,200 to Commissioner Carlson’s campaign; he wants to know what Mr. Spearman has done for the County and how he has done it; and he is not willing to accept a check-off list as if there was some sort of participation on Mr. Spearman’s part. He noted the County is making a grave mistake by not going out with an RFP. Commissioner Higgs stated she is going to support the motion; she is not doing it because it will do her great political gain; she is doing it because she believes Mr. Spearman is doing a good job for Brevard County, is interested in the community, and has demonstrated it; and the personal attacks she received about the issue are false. She noted she has answered the charges; and she will vote on the Renewal Agreement as it is in the best interest of Brevard County.

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

Chairperson Colon reiterated she is disappointed that Mr. Spearman was not present for the issue; it is the second time the item was on the agenda and he was not here; and she believes people have a right to defend themselves when things are being said. Commissioner Higgs stated the Board received a letter indicating when the special session was called that Mr. Spearman would not be present.

CITY OF COCOA PRESENTATION, RE: AGREEMENT FOR FIRE AND EMS SERVICES

County Manager Tom Jenkins stated the item is a request by the City of Cocoa; the Board’s typical procedure is that if a particular individual entity requests to make a presentation to the Board, they would go first; and the City is prepared to make an opening presentation.

Chairperson Colon stated Don Pierce will speak first since he has been here since early this morning.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to allow the City of Cocoa to make its presentation first. Motion carried and ordered unanimously.

Mayor Judy Parrish, representing the City of Cocoa, stated with her today are City Council members Joe Collins, Jim McCarthy, and Deputy Mayor Brenda Warner; Todd Anderson is in Orlando working and was not able to attend the meeting; and expressed appreciation to the Board for allowing the City and County staff to submit a proposal to contract with Brevard County for fire and emergency medical first responder services to the City of Cocoa. She noted the City approached County staff and it has responded with utmost professionalism; the City feels the issue is a win-win-win; it is a win for the County in that it eliminates duplication; and it pays for current services that are rendered, which the City currently is not compensating the County for, although it is responding. She stated it also increases the capacity in existing County facilities by freeing up those people responding in Cocoa to work other areas of the County; for the City, it provides a higher level of service in a more economical manner; and for the firefighters, it employs the highest number of firefighters within the budget. Mayor Parrish stated Cocoa City Council voted unanimously to approve the agreement on October 7, 2003; it is asking the Board today to do the same; this provides a higher level of fire protection and medical emergency services to the residents of Cocoa and the County; and it provides a greater level of protection resulting in more efficient and effective delivery of services. She noted currently Brevard County Fire Rescue responds to 94% of the City of Cocoa medical calls; Cocoa is providing only Basic Life Support (BLS); this proposal would eliminate the existing duplication of those services; and the result is Brevard County would no longer be subsidizing the City for Advanced Life Support (ALS). She stated the citizens deserve the highest level of protection in the most economical and efficient manner possible; this makes good financial sense, not only for Cocoa, but also for Brevard County; it enhances the cooperation between governments; and it is good public policy in that it advances the safety and protection of citizens.

City Manager Ric Holt, representing City of Cocoa, stated the issue was brought up during the City’s budget process; it is a good business decision for the City; it is going to increase the level of service for the citizens of Cocoa; and it was a unanimous decision to request the Board to take over the fire service. He noted there would be cooperative intergovernmental services and equal service level throughout the Cocoa area; the County would be compensated for response to calls; and the proposal would provide efficient and effective service delivery. He stated one of the areas of contention is the City has the ability to do this through the Charter; the City’s Charter indicates there shall be a fire department, which shall consist of a fire chief and such personnel as may be deemed determined by the City Council; by contracting with the County, the City meets the stipulations within the Charter language; and there is language in the agreement with the Board that states, “The City shall maintain a fire chief employed by the City, subject to the City Council’s and City Manager’s lawful direction, responsible for the administering and supervising of the agreement, and determining the County’s compliance to the agreement itself.” Mr. Holt noted the City has met all the legal ramifications of the issue; the agreement includes no additional cost to the County; the City is funding it about 115% of the cost that has been related to it by Chief Farmer over the 10-year period of the agreement; and the level of service will be improved. He stated response times will not increase; the County will be occupying the City’s station; the City believes there will be a seamless transition between moving from the City to the County; and if such agreement would not be entered into with the County, the City would be looking at continued layoffs based on budgetary constraints. He noted the transition will give firefighters a better chance for promotion during their career versus if they were still working for the City; the City has complied with all the necessary restrictions or activities concerning pension; and the City will be fully funding the firefighters. Mr. Holt stated the City Council requests the Board approve the agreement with the City for fire and emergency medical first responder services, commencing December 1, 2003; and reiterated it is a win-win-win situation for the County, City, and firefighters.

Mayor Parrish stated it is clear that the agreement is in the best interest of the County and citizens; it was not a hasty decision by the Council; it has been reviewing all the issues associated with it; and it voted unanimously for the agreement as it firmly believes a higher level of service will be provided in a more efficient and economical manner. She noted the City Council urges the Board to approve the agreement today.

Don Pierce stated he does not work for the City; he is here as a homeowner, parent, and a concerned son; he attended the Council meetings; and he was shocked when he saw the County’s proposal. He noted Port St. John has three elementary schools and one high school; on any day in the Fall, there are upwards of 1,000 people at the Port St. John or Canaveral Groves Little League Park; the County proposes using Engine 29 as one of the first run engines into the City; and last year Port St. John voted whether or not to become a city. He stated he voted against it and wanted to stay with the County; he has lived in Port St. John for 16 years; he has been in the fire service for 24 years; and Port St. John had a fire referendum to go to three-man fire engines, which he supported. He noted if there is a structure fire in Port St. John, the people depend on the fire engine coming from Canaveral Groves; if it is in the City of Cocoa, the citizens of Port St. John would have to wait for a fire engine to come from Titusville; there are over 20,000 people in Port St. John; and three firefighters cover all of Port St. John. Mr. Pierce stated if the County pulls the engine from Canaveral Groves, then there would be three firefighters covering all of Canaveral Groves and Port St. John; granted there would be second-run trucks coming from West Cocoa near S.R. 520 and from S.R. 405; it is a domino affect; and if the fire trucks are pulled from S.R. 405, it leaves all of Windover Farms. He noted he is sure he is not alone on being concerned about what this does; it is not a win-win for the County; the County is paying a lot of overtime to its firefighters; and working relationships with the other cities are already becoming strained. He stated the quality of care is going to be strained as the cities are not going to be working with the County as tight as they do now; and requested the Board oppose the agreement.

Glenn Rubar, Lieutenant with Cocoa Fire Rescue, stated he has been with the fire department for more than 22 years; he started in the fire service shortly after high school; his first position was with Brevard County District 4 Fire Control; and at that time, many of the day’s integral functions of the fire department, such as EMT, paramedic, and Hazmat did not exist at the local level. He noted the fire chief at the time did not believe that many of those jobs belonged in the fire department; that is one of the reasons he left and went to the City of Cocoa; he wanted to better himself with a progressive department; Cocoa Fire Rescue was one of the first in the County to offer EMT positions; and it was also the first to propose a paramedic program within the fire department. He stated due to budget problems, the City decided not to continue to fund the paramedic program; unfortunately, the City and citizens missed out because there is not a paramedic program at this time; after joining the City he went to school and became an EMT; and sometime later he took the classes and tested to become a certified fire inspector. Mr. Rubar noted he went back to school and obtained his Associate Degree in Fire Science and became a Certified Arson Investigator; he did all these things to better himself, support his family, and add to the Cocoa Fire Department; he and his family have been looking forward to and working toward him being able to retire at age 52; and in this line of work, one can never be sure they will be able to do what is required physically until the age of normal retirement. He stated now all of this has been pushed back 10 years or more instead of three years; six months ago his family was forced to make a difficult decision concerning his wife’s employment; after 19 years with a company, she was forced to either transfer to Jacksonville or find other employment; and at the time he was only three years away from his retirement and his employment appeared to be secure. He noted the decision was made to stay in Brevard County; his wife changed jobs, resulting in a substantial pay cut so he could remain employed with the City until retirement; up until two months ago, they never thought or had any indication the City was considering eliminating the fire department; and since that time, he and his family have been on an emotional roller coaster and are not sleeping well. Mr. Rubar stated stress is affecting his family; their situation is not unique within the fire department; none of the employees know what to expect from the City; and the employees stand to lose a substantial amount if they are forced to start over. He noted most the employees will suffer an approximate 30% or greater reduction of wages and benefits, including retirement; their retirements will likely be pushed into the distant future; with proper management, the fire department can be kept within the City; and the need for outside assistance could be reduced or eliminated.

Attorney Richard Siwica, representing Cocoa Firefighters Association, urged the Board to reject the City’s invitation to get involved in this sorted affair; stated the City would have the County assume responsibility for the City’s fire rescue function; it is a bad idea on a number of counts; and the County should run away from what the City is proposing. He noted the City’s scheme it is asking the County to participate in was hatched in secret and out of the Sunshine; it came out of the blue as far as the employees were concerned; it is something being looked into right now, including the way the agreement is presently structured; and the City’s suggestion that the County enter into an agreement clearly violates the City Charter. He provided excerpts to the Board, but not the Clerk; stated the City Charter says, “The Council, by ordinance, may create change, and abolish offices or departments, other than the offices or departments established by the City Charter”; it was not part of the power point presentation; the City is abolishing the fire department; but it is saying it is not doing so and is going to have a fire department, with the County providing it. Attorney Siwica noted that is true, but the issue in the Charter is not whether the service is provided, but whether the City has a fire department; it would have no City fire chief; the current chief will be retained as a contract administration officer; and he has no ability to direct Brevard County firefighters if the agreement goes through. He stated there would be no City of Cocoa fire stations; they will be Brevard County stations; there will be no City of Cocoa fire engines or fire trucks; and they will be Brevard County apparatus. He noted the firefighters will be dressed in Brevard County uniforms, as well they should be if the agreement goes through; the larger point he is trying to make is there is no fire department; it is being abolished; and it is not a City fire department. He stated if one is going to abolish a charter-created department, it has to be done by referendum; that is the premise of the litigation that is pending in Circuit Court; elimination of the fire department also violates the existing contract the Fire Association has with the City; and such Contract says the Department can only be abolished for legitimate cause. Attorney Siwica noted there is going to be litigation and arbitration over what that means; there are a lot of things that are going to be happening in connection with this issue; the City’s rationale it has offered for doing this is false; and first it was saving money. He stated the proposal is not going to save money; the City has budgeted enough to fund the Fire Department and all City Departments and existing City employees with wage increases this fiscal year; it is already budgeted; and they agreed to wage freezes for this year. He noted the point is the City can afford it and the cost argument is a red herring, and so is the service argument; the service is not going to improve for the citizens of Cocoa; ALS services are provided currently by the County, in conjunction with the City Fire Rescue personnel; the BLS, fire function, and extrication, etc. are done by City firefighters; and the proposal is not going to result in improvement of service to the community. He stated the City’s motivations are unclear, but appear to be motivated by something other than the things it is articulating to the Board; the City has suggested it is going to privatize if the agreement does not go forward; he has made public records requests to see that; but there is no substance to it. Attorney Siwica noted the agreement, as structured, would result in immoral treatment of firefighters that have been onboard for as many as three decades with the City; what is going to happen to these people is largely unclear; it is not set forth in any substantive detail in the agreement; and the City has not bargained to resolve the issues to a final conclusion. He stated there are a lot of open issues; inquired what is going to happen to City firefighters now who are presently in workers comp status or have been injured at work performing their jobs, and one year from now may be eligible to apply for the County; stated there is no provision for that in the proposed agreement; and inquired what is going to happen in terms of the hiring process. He noted it is vague in the agreement; inquired what guarantees are there and what are the minimum requirements; and stated it has not been provided to the employees and they are left in the dark. He stated wages for firefighters are going to be slashed; the current construction of the agreement has for every two years of service with the City one year of service with the County; it is going to result in radical wage cuts for the employees; and he is talking about families who live in the community. Attorney Siwica inquired what is going to happen with pensions; noted it has been cut out of the whole agreement in any detail; firefighters are left in a lurch on this issue; and it is not addressed. He inquired what about the firefighters that are eligible for early retirement; stated the City Council gave the City Manager authority to offer continued medical benefits if people took early retirement; that has not been forthcoming; and officers are going to be demoted in the event they happen to be hired by the County. He stated those are some of the loose ends out there; requested the Board walk away from the agreement and reject the City’s scheme; and stated alternatively, if the Board wants to go down that road, he would request it direct staff to renegotiate the agreement with the City and involve employees of the City of Cocoa as they have been shut out of the process so far. He noted the points he has raised need to be addressed; and the only way they can be addressed is if they have a seat at the table.

Jim Tolley, representing IAFF and FPF on behalf of Cocoa firefighters, stated the Cocoa firefighters are opposed to fire and EMS being contracted out to private entities, whose main goal is profit and not the service level to the City or citizens; this service should remain as public service; and the firefighters intend no harm to the County’s Collective Bargaining Agreement and desire to eliminate or minimize any adverse affects or impact to them if there is transition to County employment. He noted firefighters have a long-standing history of no one left behind, be it at a fire or job scene; he had the opportunity through his involvement with Florida Space Authority and Florida Commercial Space Financing Corporation to hear Norman Swartzkoff talk about when he first made it to the Pentagon; one of his first days he was left acting in charge; and he said he did not know what to do. He stated he was told to do no wrong and do the right thing; sometimes doing the right thing is hard and difficult, but in the long run, it will pan out; in all the past transitions of service, consolidations, and mergers that have taken place in the State, employee organizations and employers sit down and work out a fair and equitable arrangement among all employees in employing agencies; and suggested that be done. Mr. Tolley noted employees that lack EMT should be given a time period to get it; he understands it is a minimum requirement for the County; some Cocoa employees do not have it; and they should have six months to enroll in the class and complete the training. He stated there should also be a provision for employees transitioning from the City that may not meet the physical requirements on the day of their employment testing or the first day; requested they be given time to recuperate; and noted when they receive a doctor’s note, they would have to update their application and accept employment within a reasonable amount of time. He suggested the lieutenants and battalion chiefs be allowed to transition over and retain their rank; stated pension is a difficult issue; there is a caveat that can be troublesome; and there are no guarantees that employees would be allowed an early retirement provision and maintain their health benefits. He requested that provision be secured with the City, should it proceed with the proposal, and the election of which plan employees would like to take be consistent with the transition of services and/or mergers and consolidation within State law. He stated there is a problem with Cocoa’s plan as vested employees benefits are non-forfeitable under the law; there is a case with Lake Park that is dealing with such an issue; there is a hierarchy of who gets the money first as one starts to dismantle the plan; and those that are fully vested and eligible for retirement get the first batch, and if there is any more money it goes to those who are vested, etc. Mr. Tolley noted it creates a problem if there is not enough money; if the employees are all fully vested and have a benefit left to them, they cannot have a benefit in the State plan and the City plan; it may create a real problem for people purchasing past years of service because they are utilizing the same dollars; and it needs to be worked out to where it is an amicable situation among employees. He stated if an employee with many years of service attempts to purchase his or her past service in State retirement, he or she does it at a reduced rate; they would not purchase the 3% multiplier; it is going to affect employees differently, ranging from a two-year employee to a 10 or 15-year employee that is not eligible for retirement; there are a lot of loose ends; and the firefighters appreciate the ability to work with the County to iron out the issues.

Ronnie Cox stated her husband is Leon Cox, a Cocoa firefighter; he has been a firefighter for almost 13 years; he was not a firefighter when they were married; and he was a businessman in Cocoa. She noted one day her husband, after 20 years of being in business, said he did not want to do what he was doing anymore, and wanted to be a Cocoa firefighter; she supported him in his decision to do that; since they have been married they have had two children; and her husband spent his first father’s day at the fire department with her son. She noted they have spent a lot of evenings having dinner at the fire department with the other firefighters; her husband has spent a lot of holidays at the fire department with his brother firefighters; the firefighters are an extended family; and her husband spends 72 hours or more sometimes a week with fellow firefighters at the fire department, protecting and serving the City. She stated firefighters sacrifice the normal home life in exchange for a career that requires them to spend 24 hours at a time away from home; it is not because it is a high-paying job, but because they love to do what they do; a couple of years ago a comment was made by the City Manager that City firefighters do not go into burning buildings; however, she remembers watching the news one evening and a Cocoa firefighter was down. Ms. Cox stated her husband was at work at the time; no one knows how that feels unless they are in that position; fortunately, the firefighter who was down was okay, suffering from a back injury because he fell through a floor; and the firefighters came through a burning building that they are not supposedly supposed to be in. She noted her husband’s intent is to work another five years in hopes to improve his retirement benefits; he may be forced into retirement earlier than planned in order to keep what he has as he meets the age requirement; and there are several firefighters who have over 20 years invested with the City, but not old enough to retire and forced to wait until they meet the age requirement to collect what they have worked for, or are faced with the possibility that they might be hired by the County if they pass the physical and meet the qualifications. She stated it is not fair; some of the firefighters have dedicated over half of their lives to their jobs in the City, and served and protected not only fighting fires, but attending to car accidents, shootings, stabbings, etc. in order to save lives; and because of a personal vendetta, they are easily tossed aside by five votes. She inquired why not let the people decide; and stated if the residents of the City of Cocoa were given the opportunity to vote, the outcome may be different.

Vince Allen stated he communicated some of his points to the Board in written form earlier and received responses from some Commissioners, and he appreciates it; there is not a single person sitting in the room today that would question the sincerity, dedication, or commitment of anybody that would choose to be a firefighter as a vocation; that is not the issue at hand; and government is being asked to do more with less everyday. He noted revenues are down and demand on resources is up; unless the model is broken, the paradigm shift occurs, and different levels of government cooperate more fully with each other, leveraging those advantages, then small cash-strapped municipalities will begin to crop up all over the country; he does not want to attack the fire service; and he has done a lot of work with the fire service trying to help them accomplish their goals with technology. He stated those dedicated and devoted individuals that want to continue in the firefighting profession are going to find a brighter, surer future with a larger, more stable organization and financial base with the County than with the small municipality of Cocoa; there are enormous hidden costs associated with delivering any major service; there are technology, administrative, and benefits costs; and all of those costs are being duplicated. He noted he supports the Brevard County proposal; stated it is a genuine, sincere proposal; and expressed concern that some dedicated firefighters perhaps do not have the information they should. Mr. Allen stated several issues have been raised about retirement, hiring, etc.; those points have been negotiated carefully and professionally with the County’s Fire Chief; he is confident individuals will be taken care of if the Board approves the agreement; and he supports such agreement as it is the right thing to do. He requested the Board support the proposal.

Charlotte Racca stated she has been a City of Cocoa firefighter for almost 15 years; she chose Cocoa because it is a small community and she wanted to serve one-on-one with the community; the City told her when she was hired to remember her employee number as she would need it when she retired; and the City promised her when she retired that she would receive 100% of her medical and dental, which with the proposal, she will not. She noted she will not get her 15 years with the County; she is sure the County would be a great place to work, but she chose to work for Cocoa; she is the only female there; and she is representing all of her brothers here today. She stated what is not being told is that the 2:1 ratio is on a pay scale; it does not mean she is going to get her time; and inquired does it mean her 15 years she has put in with the City of Cocoa is now wasted. She noted she does not think her body can handle much more of this; what is not being discussed is what will be done with the retirement funds; and inquired will it be given to the firefighters and can they buy into the FRS. Ms. Racca stated her personal losses will be over $10,000; she is a single mother with a single income supporting her house, which she pays County taxes on; and she has to tell her daughter that as of December 1, 2003 she will be out of a job and Merry Christmas.

Mitch Weldon stated this is a difficult situation; he is a lifelong resident of Brevard County and has been a firefighter with the City for nearly 12 years; today the Board will have to make a decision that will affect the citizens of Cocoa, firefighters, and their families; and he has confidence the Board will make the difficult decision that will be in the best interest for everyone. He noted the City Charter, pension, and employment issues are still unresolved; the City of Cocoa indicates it is not personal, just business; this could be further from the truth; and if the proposal takes place, it will be a major life-changing event for firefighters and their families. He stated it has personally affected him and his family with all the stress and uncertainty; the financial impact on his one-income family would be severe; with the current proposal there is no good employment guarantee; and it is more than just business, it is people’s lives and futures. Mr. Weldon stated it was mentioned that pension issues were supposedly discussed with the fire chief and handled; he does not believe it has been done; and requested it be investigated. He urged the Board to allow the citizens of Cocoa to vote on this important issue and reject the current proposal.

Jason Stallings stated he is a firefighter with the City of Cocoa; it is his deepest pleasure to bring order wherever there is disorder and stability to situations that are totally unstable; however, like any other person, living with a constant state of job instability and a total lack of job security is not pleasurable; and unfortunately, it has been the environment City of Cocoa firefighters have existed within for the past three months. He noted he has been led to believe that he was going to be laid off at any point during the past three months and still is under that impression as he has not been told otherwise; he is privileged to have a job and blessed to be in a career that he loves and is his calling; he serves with the best of his God-given abilities and have continuously sought opportunities to improve on his skills in order to be of better service to the organization he works for and the customers he serves; and he has also shown the utmost respect and commitment to both the public he serves and the organization he is a part of. Mr. Stallings stated in turn, he believes it is fair to expect the same level of respect and commitment to be reciprocated; it is a simple issue of doing what is right and demonstrating mutual integrity; whatever action is taken today, it is his greatest wish that the City of Cocoa firefighters would be treated with respect and dignity, recognizing they are people with lives and not just numbers found on a line item on some spreadsheet; and the experience, skills, and commitment they possess should be viewed as a valued asset and resource, and should not be taken for granted. He noted should new ground be afforded today, he hopes it is done with a fair and equitable understanding between all those involved and that an amicable atmosphere would be created to insure that joint respect and dignity are shown and given, thereby enabling the establishment of a positive foundation.

Allen White stated he is a firefighter with the City of Cocoa with eight years of experience; he is 47 years old; he is confused; and he wants to know why the City wants to terminate instead of merge or transition, and why December 1, 2003 instead of after the first of the year. He noted the County suggested on several occasions that it would rather wait until the after the first of the year or later; but the City insists, even at a great expense to it, to do this before the holidays. He inquired why the badgering and propaganda, skewed facts, and jaded comments; stated the firefighters union has been strong; they have been taught since the early days in fire school about teamwork; and that is what the fire department is all about. He noted it was mentioned earlier no firefighter is left behind; there are all types of firefighters in the fire service; no one can do it all, but everyone is good at something; and the City’s firefighters believe in that and live it. Mr. White stated there is no reason for the City of Cocoa to have created this hostile environment; he is also confused about the County’s application packet that was attached to the firefighters’ last weeks paychecks; the County needs to know who is willing or who may want to work for Brevard County if the transfer of service takes place; and that is obvious, but also included was a four-part hiring qualification process. He inquired how many times has the Board heard that the County is picking up all the firefighters; stated any hiring process of any nature is a weeding-out vehicle to select employees from a pool of applicants; this process reflects to him an effort to weed out and select; and it does not sound like a “leave no firefighter behind” deal to him. He noted the firefighters are being told, “No problem, we’ll pick you all up. Just test like a 20-year old fresh out of fire school and you’ll qualify for a job if we like your interview”; reiterated the firefighters are confused, with enormous levels of anxiety; the only good thing is that on November 7 or 8, 2003 he will know whether or not he is jobless; and if he is, he will have plenty of time to figure out what he is going to tell his wife and children, that life is changing, and it will start with the holidays. He stated there are retirement issues; people have worked pretty much their whole lives; they do not know how they are going to retire; and nobody has done a good job with communication. He noted there is a lot of distrust involved; urged the Board to slow the process down, be careful, be complete, and communicate; and expressed appreciation for its time, attention, and concerns.

Daniel Hensler, Union President for Brevard County Professional Firefighters Local 2969, stated the Union has appreciated the Board’s support in the past; the proposal has been put forward and accepted by the City of Cocoa to no longer provide fire service to the City in contract with the County; the Union would request the County provide the service rather than go to a privatized agency; and there have been transitions in the past, including from two-man engines to three-man engines. He noted it was a difficult undertaking, but went as smooth as could be expected; there was a transition from the Harbor City Volunteer Ambulance Squad to having the County provide all the EMS service and transports; such transition went fairly smoothly; he has two employees on his crew at this time; and they are an asset to the department. He stated he sees the same thing happening if the proposal goes forward with the City of Cocoa employees; they are going to make good assets for the department; in the Contractual Agreement with Brevard County Professional Firefighters and the Board, it allowed areas to be tweaked, including the pay plan; and there were two options--for every two years of service, one would get one year credit toward the pay plan, and the other option was a one-for-one, with every year of service provided one year in the pay plan. He noted it is the only thing the Union has keeping its structure as far as its pay that it has control over; there are approximately 400 employees that have been working for the Board and the Department; and the Union is more than willing to welcome the Cocoa firefighters aboard.

Richard LeAndro stated his only two children are firemen; one was a lieutenant and paramedic in the Town of Palm Beach until he retired; and his other son is actively working for the City of Titusville and is a big brother to the City of Cocoa is the County. He noted it is not the fault of the firefighters who may lose their jobs or will have to work for the County; it is a failure of management of the City of Cocoa; it has been going on for years and did not happen over night; and now the Board is being asked to bail the City out of a problem it created. He stated everything started by little municipalities getting into trouble and then looking to big brother, the cities; when cities get in tough times, they go to the County for help; when counties get into trouble, they go to the State; and the State goes to the federal government. He noted each agency is creating a bureaucracy within a bureaucracy to go to a higher level of big brother; it is wrong; the City is incorporated and should manage its own money; and if it wants to do something right, it should turn itself over to the County. He inquired why penalize the Cocoa firefighters and build a bigger bureaucracy in Brevard County; stated two of his volunteers of the Ross Perot organizations died in Titusville because there was no rescue unit there; he approached Commissioner Scarborough, who was able to get a County unit downtown for the first time in history; and requested the County not build a bigger bureaucracy. He noted if the City cannot run things right, he is sure the Board can run it right for the City.

Chairperson Colon stated she is proud of the firefighters who have spoken; they held tough and it was hard for them to speak; and they did a very good job.

Attorney Anthony Garganese, representing the City of Cocoa, stated he is available to answer any questions from the City’s perspective legally when the Board deliberates on this important issue.

The meeting recessed at 5:23 p.m. and reconvened at 5:42 p.m.

Vickie Taylor stated she is a wife, mother, taxpayer, and registered voter of Brevard County; her husband is a Cocoa firefighter; the issue has been hard on her family; and the stress is unbelievable. She noted she understands there is no easy solution to the problem; the proposal not only affects fire personnel involved, but their families as well; the firefighters go home after a 24-hour shift; and some personnel hold two or more jobs to make ends meet. She noted she is opposed to the County taking over fire services for the City; and there has to be a better way.

Dominique Barbareau stated he has lived in the Fort Lauderdale area for the past 50 years; he was a Metro-Dade County firefighter for 28 years; he started his career at an early age; and his job with the International Association of Firefighters is to represent all the firefighters in the southeastern United States, including North Carolina, South Carolina, Georgia, Florida, the Caribbean area, and Puerto Rico. He noted working with Metro-Dade County, there were several mergers; he has never seen a merger or transition where a city does not care about its people; with the mergers in Dade County, there was some neglect in the pension systems; and consequently, it is paying millions of dollars now to make up the deficit in pensions from employees who came from other municipalities. He recommended the County not rush into something that is going to cost it money eventually; and suggested it review the issues. Mr. Barbareau stated he has seen a lot of people get emotional; what makes him emotional is all the funerals he has gone to for firefighters; they have the most respect in the country of any profession; and the privatization issue has been fought throughout the country. He noted had there been private firefighters on September 11, 2001, 343 firefighters would not have been lost as they would have never gone into the buildings; the sad part is they were paid professional firefighters; he went to several of the funerals; and people said they would never forget and will always take care of the first responders. He stated that is not what has happened in here today; and urged the Board to look at the situation before it makes a decision as it is employees’ careers and lives.

Chief Bill Farmer stated the County’s position has always been that it would prefer a January 1st start date; it lessens the amount of orientation time and gets through the holidays; the City asked the County for an expedited date, but has settled on a request for a December 1st start date; and it is a negotiable point for the County. He noted it understands the firefighters’ position that some of them may have had plans for the holidays; them being in a fire academy and new-hire orientation program would disrupt their family time; with regard to Engine 29, the County has regional response plan; and should the City of Cocoa have a structure fire on Grissom Road in its area now, the County would respond as a mutual aid. He stated under this plan there will be a seamless dispatch center, so there will be no delay in dispatch; the area in question is one that has been recently annexed by the City; it is a response area that has been answered by Engine 29 for years; and there has been no detriment to Port St. John or Windover Farms area as Engine 29 previously answered the service. He noted with the assistance of Station 3 from Cocoa, it prevents Merritt Island units from having to come over the bridge; it keeps County units on the Island; the Department’s vacancy rate at this point is about 2%; and in regard to quality of care issues with cities he is not sure it is a true issue. Chief Farmer stated with the Harbor City event, people indicated the Palm Bay firefighters were not going to get along with County firefighters, etc.; it never came to fruition; the parochial issues were left behind; and he has no reason to believe it would change with this event. He noted it is true the ALS transport service will continue to be provided from Station 44 on S.R. 520 about ¼ mile east of I-95; the difference is that the ALS engines will be within the City; an area now that has an ALS response time of six minutes is now going to have an ALS response of two or three minutes; so there is a vast improvement on ALS response time. He stated the issue has been very sensitive and the County is aware of it; senior staff in Fire Rescue and Public Safety approached the issue with the knowledge that people’s mortgages and lives were going to be affected; the County tried to come across as sensitive as it could; and it met with the Union membership. He noted by the by-laws, it had to stay neutral; however, it indicated if the proposal came to fruition, here are the things it is willing to do as far as penetration to the contract; the Union was up front with it and required no impact bargaining over the issue; and it openly allowed the Cocoa IAFF people to come into the contract. Chief Farmer stated the County indicated at the City of Cocoa Council meeting that as long as the firefighters could pass a background check regarding criminal activity and driving activity, and a medical physical, it is okay with offering jobs to everyone; previously if a person were to put in an application, he or she would have to go through all the testing process indicated earlier; the City of Cocoa firefighters are still going to have to do those testing processes; however, it is as a benchmark to allow the County to know where to re-mediate them at. He noted their probations may be extended; they may have to go with remedial training to get up to speed; the County has acknowledged some of them may need to do extra time in training; and it has allowed for that. He stated the County routinely allows personnel to be hired out of classification and provide them the opportunity to go to school for EMT and paramedic school; in the County’s proposal, there is money available for 14 scholarships for Cocoa firefighters to go to paramedic school; at the end of that time when they become fire medics, they get a $8,100 pay increase; and the application process is an attempt to provide some information to the City of Cocoa personnel. He noted it was clear in Chief Money’s cover letter that everything in the packet was contingent on the Board’s action today; if it took no action, the process was nothing but a frayed bunch of papers; and if action was taken, it told the firefighters what was going to happen over the next six weeks or so. Chief Farmer stated with regard to the pension plan and workers comp injuries, City of Cocoa personnel are probably better able to answer the questions.

Chairperson Colon noted she spoke to the City of Cocoa about the privatization issue; she was told no contracts have been received from any other companies, but if the Board chose not to approve the agreement, the City would probably have to go to RFP sometime in November 2003. She stated everyone wants to see a positive foundation; and in order for there not to be distrust, the issue should not be rushed so that both parties are comfortable.

Commissioner Pritchard stated he has spoken to Chief Farmer, Jack Parker, Union representatives, firefighters, and City Administration; he was a firefighter for 27 years; the issue is emotional; and he can react to what the Cocoa firefighters are going through. He noted no one left behind is a very strong statement; the lieutenants and officers should be moved in laterally and given opportunity to come up to the same standards as the County’s officers are held to; they should be given 1-1/2 years to do that; and the dedicated Cocoa firefighters have spent a lifetime building a career. He stated it is important they not take a substantial cut in pay; and requested staff explain the two-for-one part.

Chief Farmer stated the Contract calls for four years of experience and six years of experience with Brevard County before anyone is allowed to test; from the Union’s position, it has allowed penetration of that issue; testing is about the only way to see if the person has a chance at making it in the position; the days of interviewing are distasteful to unions; and they would rather have some kind of objective testing. He noted that is why the County has supported that position; the two-for-one is acknowledging that for every two years of experience, the Cocoa firefighters would receive year in the County’s step plan, along with annual leave and sick leave benefits; and the only time seniority would not count for them in that number would be for bidding process for station locations and reduction in workforce. Commissioner Pritchard inquired if the Cocoa officer took the test and passed it, would he be part of the selection process for promotion or would he be retained in his current position. Chief Farmer responded the Union Contract allows for the selection of the top five personnel; the Memorandum of Understanding with the Union does not address going below the top five; so they would be part of a listing for positions. Commissioner Pritchard inquired if a Cocoa officer was to come out as number five, would he be given preference considering he had previously been an officer. Chief Farmer responded it would be on his part. Commissioner Pritchard stated he is sure 80% of responses are medical; it is important to get to the scene of a medical emergency within six minutes; right now ALS response is from I-95 on S.R. 520; and inquired what does it mean to the population with ALS engines in downtown Cocoa. Chief Farmer responded using the example of Slippery Lane close to Station 3, the response time for Rescue 44 is about seven minutes; for Station 3, it will get to the scene in about two minutes; for every minute of time lost for ALS, there is a 10% loss of the heart muscle; so there is a 50% better chance for one to survive a heart attack with the ALS engine coming from Station 3 than from Rescue 44; and it will improve the chance of surviving a heart attack by 50%. Commissioner Pritchard stated there is an ambulance stationed in Rockledge; he spoke to Chief Farmer about having a rescue unit at Station 1 in Cocoa; and inquired if he has looked into the feasibility of doing that. Chief Farmer responded staff is running the numbers now from staff’s briefing last week; and the five-year EMS Plan does not speak to or show a rescue in the City of Cocoa. Commissioner Pritchard noted the Plan could be adjusted; with Chief Farmer responding yes. Commissioner Pritchard inquired will training for paramedics and EMT’s be done on duty. Chief Farmer responded certain parts can be done on duty, but not all of it; the County has allowed personnel to take leave at its cost; and it could be extended to City of Cocoa personnel as well. Commissioner Pritchard inquired does the County currently train its firefighters on overtime; with Chief Farmer responding no.

Commissioner Carlson inquired has staff looked into the current lawsuit issue and how it plays into the agreement.

County Attorney Scott Knox responded the lawsuit is probably premature because there is not an agreement yet; and the City has not done anything except vote to come to the Board and offer it the opportunity to enter into an agreement. Commissioner Carlson inquired does it put the City in a better position if the County enters into an agreement; and does the County hinder itself or advance something. Attorney Knox responded the Board has to basically ignore the fact that there is a lawsuit filed; there are going to be issues raised by the transfer if the Union members and Cocoa firefighters are not satisfied; if they continue to go forward with their lawsuit, the County will be dragged into it if the Board signs an agreement; but from its standpoint, it needs to make a business decision and let the lawyers worry about the lawsuit. He stated an issue has been brought into the courts; whether or not the issue will fly, it is an issue the judges will decide; Attorney Garganese does not have any problem defending the lawsuit; and there is not an issue that cannot be defended. Commissioner Carlson noted Attorney Knox does not see any future cost to the County if it were to sign an agreement. Attorney Knox responded to the extent there are such costs, there is an issue as to whether or not the City should be helping the County with those costs. Attorney Knox read the letter sent to the Board from Mayor Parrish, as follows: “Dear Chairperson Colon and Brevard County Commissioners. The Cocoa City Council respectfully requests that the Board of County Commissioners approve the agreement that is before you today. The City is firmly committed to contracting with the County for fire and emergency medical first responder services. Although the City acknowledges that some may challenge the City’s legal right to enter into this contract, the City is committed to defend this right at its expense and to pay for all services provided by the County under the contract.” Chairperson Colon inquired if the Board approved such an agreement, what position would it be in regarding the investment of the County’s Fire Department. Commissioner Carlson stated there should be an out in the contract that protects the County’s interest. Attorney Knox noted the letter from the Mayor indicates the City is willing to pick up the expense; and it is something that could be added to the agreement.

Commissioner Scarborough stated the primary legal issue is if being of a Charter requires the people of Cocoa to make the decision; there may not be a court decision for some months; if the transition takes place, it would be more than just the cost of defending a lawsuit; and inquired what cost and disruption in service will occur, what would be the impact to departmental operations, and to what extent would Cocoa hold the County harmless for the operational disruption if the court case is successful.

Commissioner Higgs requested the City Attorney respond to the question about the lawsuit, and if the County were to move forward, the position of the City in regard to costs the County would have incurred in the transition.

Attorney Garganese responded the City is aware that a lawsuit has been filed in Circuit Court; however, it has not been served on the City at this time; in review of the lawsuit, it raises a Charter challenge; it is a challenge about the interpretation of the City’s Charter; and Brevard County is not named in the lawsuit. He stated it is the City’s position that it will defend the lawsuit at the City’s expense; it is prepared to do that; with respect to any costs that the Board may incur while the lawsuit is ongoing, it is the City’s position that any costs the County incurs in providing services under the agreement will be paid for by the City; and it includes start-up and operational costs.

Chairperson Colon stated if the court says the City has to go back and do a referendum, what happens to the County’s investment with the agreement. Mayor Parrish responded the agreement clearly spells out that the City would be obligated to any start-up, capital, and operating costs; it is a service the City is asking the County to provide at a cost; it is not something the City is placing on the County; and if the City were to make public policy based on the idea there could be a lawsuit, it would never decide anything. She stated she does not foresee the City having to go to referendum as it is pretty clear on the Charter; it contracts for attorneys now; the Charter says the City has to have an attorney and a fire chief; and it gives the Council full discretion as to how those personnel are obtained, just as the County outsources many things. She noted she does not believe it is an issue for the County; it falls on the City at this point to defend any suit that should arise out of the transition; and the County’s basic rule is to provide the service as outlined in the agreement. Chairperson Colon stated that might be how the City does business, but that is not how the County does business; and the Board has a track record of always being careful in regard to lawsuits. Attorney Knox noted language could be added in the agreement that the City bears all the costs or that the agreement does not take effect until the court decides the issue.

Attorney Garganese stated the agreement clearly states the City is going to bear all the start-up costs; the City Council thoroughly investigated its legal rights under the Charter before coming to the Board; it has held numerous public meetings and workshops on the issue; and the City Council has done due diligence, both from an operational standpoint and legal standpoint. He noted the City disagrees with the challenge that appears to be filed in the court; and he believes the City Council has the legal right to enter into the agreement under its Charter.

Commissioner Higgs inquired have employees been informed in writing of what the City intends to do with the pensions.

Wendy Wittman, Administrative Services Director for City of Cocoa, stated the employees have not been informed in writing; the City has talked to the Union president briefly about it; as soon as the City receives more commitment from the pension attorney, the City will provide employees additional information; and no calls have been received from the firefighters on the issue.

Commissioner Pritchard inquired when might Ms. Wittman have the answer; with Ms. Wittman responding she was hoping yesterday, but it may be this Friday. Commissioner Pritchard inquired what happens to the firefighters that do not make the cut if the County enters into the agreement with the City, and if the City does not prevail in the litigation. Attorney Garganese responded it is a policy question; there would be a transition back in the other direction; the City would have to come up with another alternative; and it is the City’s hope and expectation if the transition occurred to the County, that it would employ all the Cocoa firefighters who are looking for a position with the County. Commissioner Pritchard inquired is there any opportunity for a Cocoa firefighter to not be employed by the County when the evaluations, driving history, and criminal backgrounds are done; with Chief Farmer responding yes.

Commissioner Scarborough stated Attorney Knox would need to rewrite the agreement to insulate the County from any potential liabilities; and another case would be to request the City to proceed with a referendum to eliminate the particular problem. Commissioner Carlson stated she agrees with Commissioner Scarborough’s comments; there needs to be a safety net in case a transition has to be reversed; everyone needs to look out for those who have served the community; and the firefighters would be at the wrong end of the stick if the transition had to be reversed. Commissioner Pritchard inquired about employees with over 20 years of service being bought out at the 25th year and receiving free medical for life. Ms. Wittman responded the City is looking at allowing people who are within five years of retiring to retire with their health insurance benefits; it has been asked by the Union to consider eight people who would like to retire and buy their retirement, plus be given health insurance; the figures have not been received from the Union; so the City has not reviewed and assessed whether it can afford to do that; and she will be meeting with the Union in the next few weeks. Commissioner Pritchard stated it seems Cocoa firefighters are totally unaware of a lot of the discussions that have taken place; the questions they are raising are not out of a combative attitude, but a real genuine request for information so they have some idea as to what their future may be; and expressed concern on the type of decision he is asked to make. He noted he was broadcast on Channel 13 having said one thing, but the issue of the pending litigation and the firefighters that may not make the cut is weighing heavily on his decision today as to what he will do; and he is also discouraged that the firefighters have not been provided sufficient information. Ms. Wittman stated until the City knows what is going to happen, it cannot give the firefighters the information; it has tried to sit down and have a dialogue with the Union on impact bargaining; but the attorneys unfortunately have not been able to get a date where both of them can meet.

Chairperson Colon stated there are a lot of things that have to happen for the Board to have that comfort level; she does not believe it should take any action until the court has come back with an opinion; there are a lot of what ifs, and it is uncomfortable; and she hopes there will be good dialogue in regard to the court’s action. Commissioner Pritchard noted privatizing is not the way to go; with Chairperson Colon responded she agrees. Commissioner Scarborough stated the people of Cocoa are protected by the Charter from privatization to the same extent they are with the County; if the Charter was amended, it could be done to preclude privatization; these are conversations that may need to go back to the City of Cocoa with their constituents on how they can arrange it; and it would take a lot of questions away from the Board. He noted the County can try to insulate itself; but no one can tell him it is not going to be terribly disruptive if it learns in one year that it has to divest the whole operation and restructure; the Board has been surprised many times as to how courts come down; and no one ever knows. Commissioner Pritchard stated Cocoa and the area from Rockledge to S.R. 528 is in District 2; he represents the County and City; he believes the level of service the County is offering is a much enhanced level of service; and to have ALS engines downtown is going to be an enhancement. He noted what the County is offering to Cocoa firefighters in terms of promotional opportunities is a higher level of service; they are being given opportunity for paramedic training that will increase their salaries by $8,000; there is a lot of benefit; and the City has told him it will save $1 million the first year and many millions of dollars after that. He stated he has to look at the economy of scale and see whether or not it is something that is in the best interest of the people; he believes it is in the best interest; but the question he has is what is in the best interest of the firefighters; and it has always been his sticky point. He noted now that the litigation is considered a part of this, what he does not want is to have firefighters who do not make the employment cut and are seeking another line of work should the City prevail, to be seriously distressed. He stated firefighters need to know what their pension opportunities are and how it is going to affect them; the concern about whether it is December, 2003 or January, 2004 is moot as the County could easily make it January, 2004 so no one would have to worry about the Christmas vacations and other holidays; and suggested the item be tabled for two weeks for more information so the firefighters have a clear understanding of what is in it for them. Chairperson Colon stated more than two weeks may be needed.

Commissioner Higgs stated what has been her overriding interest is what is the best thing to do for the people who receive services from firefighters, EMT’s, and paramedics; she comes to the same conclusion Commissioner Pritchard has that the County is in the best position to provide the highest level of service; that is her job; but there are unanswered questions. She reiterated the overriding interest she has is how to provide the best level of service to the people who need care; it can be done and transition fairly to the people who are sitting in the room today who work for the City; she agrees with Commissioner Pritchard that there are opportunities; and those are available to firefighters. She stated she is reluctant to put off a decision; she knew it would be a difficult issue for everybody; the firefighters feel an uncertainty; and she is ready to do what she needs to do today because she does not believe it is in anybody’s best interest to see the issue drag out. Chairperson Colon stated the citizens need to see what kind of bill they are going to have to pay; the numbers Commissioner Pritchard is requesting need to be there; the tabling would enable the Unions to have better dialogue; and inquired what is the rush. She noted the County needs to be careful; this is about people’s lives and the safety of citizens in Brevard County; and suggested the item be tabled to November 18, 2003. She noted she is not comfortable being in the middle of the litigation.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to table agreement with the City of Cocoa authorizing Fire Rescue to provide fire and ALS first responder services to the City of Cocoa to the November 18, 2003 meeting, and request the County Attorney review the agreement and insure it insulates the County against litigation costs and the cost of restructuring should the firefighters prevail in the lawsuit. Motion carried and ordered unanimously.

The meeting recessed at 6:27 p.m. and reconvened at 6:41 p.m.

LETTER TO U.S. FISH AND WILDLIFE SERVICE, RE: DOCK PERMITS

Steven Webster stated after two months since he first asked the Board to send a letter to U.S. Fish and Wildlife Service urging the immediate release of the County’s dock construction permits, here he is again; the Board originally voted to send a letter to the Service; but at a subsequent meeting, at which neither he or any marine contractor was present, the Board reversed itself on a motion by Commissioner Higgs, based on arguments presented by Save the Manatee Club; and it places those who desperately need and deserve the Board’s support at a disadvantage as they do not know what was said at the meeting. He noted they do not know why the Board did not support licensed, certified, honest professional contractors, who have been illegally denied permits for over one year by the Service; however, he learned from Conrad White that what the Board was told at the meeting is not true; the permits it was told would be released in November, 2003 will not be released in November, 2003; and they probably will not be released until after January, 2004. He stated the truth is the formal consultation letter, which the Service says it no longer requires, has been in the hands of the Army Corps of Engineers since September, 2003, but that letter has not been released at the Service’s request and will not be until every single sign it wants in the County is in place; it means that once the next 100 signs that the Service has demanded the State install are put in, there will be yet another signage review, law enforcement review, and another round of signs probably put out to correct minor mistakes; and it will be months again before the permits are released. Mr. Webster inquired what does that mean, except that contractors here cannot do legal work in the County because of this problem; stated fundamentally the reason the Service is involved in the permit process is because it has the power to consult on, concur with, or deny marine construction permits under the Federal Endangered Species Act; the Act says if a federal agency’s actions may affect an endangered or threatened species, the Service should be asked to consult on the appropriateness of that action; and the Act also sets a firm timeline for these concurrences. He stated the Service has 150 days in which to prepare the concurrence letter and release it; not a single concurrence letter has been released in Brevard County since November, 2002; while two hours may seem like a long time, it has already been one year and counting since a legal permit has been released in the County; and obviously, the Service is breaking its own law. He noted it is not an issue in dispute; he has a July 8, 2003 court filing by the Service, which states it agrees that 150 days is the limit, unless the applicant consents to an extension; none of the applicants in Brevard County have asked for such an extension; and the Service is breaking the law, it knows it is breaking the law, and the Board has every right and obligation to tell the Service that law breakers are not welcome in Brevard County. Mr. Webster inquired why is the Service breaking the law; stated the Assistant Secretary of the Interior says it is because the Service’s Critical Habitat Program is broken and in chaos; Judge Manson puts the blame for the breakage and chaos squarely on lawsuits, such as the one filed by Save the Manatee Club in 2001; the Club’s Attorney who filed the lawsuit said the Judge’s charges are hogwash; but the Government Accounting Office just released a report that completely agrees with Judge Manson; and what the Judge and Government Accounting Office concluded was that the Service is being driven by litigation and not by need. He stated it is precisely because of litigation that the Service has broken the law; the Service unilaterally ordered the State of Florida to install another 100 manatee zone signs on top of the 600 already installed; until there are enough signs and zones to satisfy the federal government, the Service will not release permits; and it does not matter what the Service decided is appropriate. He noted it does not matter what the Florida Inland Navigation District (FIND) has determined is sufficient and safe; it does not matter how much it cost; and either the County complies or the Service will not release permits. Mr. Webster noted the Board has been told by others that the permits are the fault of FIND, and there is not a word of truth to that; FIND installed hundreds of new signs; the District and the Services Department of Law Enforcement did a signage review; and they found about 50 of the 600 signs were not correct, which is about 8%. He stated Sandra Clinger from Save the Manatee Club said it was terrible to have that many signs incorrect; if America thinks 8% of signs are wrong then 92% of them were correct; FIND did pretty good on an enormously complex project; and moreover, FIND immediately set to work, identifying and fixing those 50 incorrect markers. He noted they would have finished this work last July 2003, had the Service not intervened with its demand for yet another 100 signs in the County; and inquired why did the Service want more signs. He stated when FIND first mapped out sign locations in 2001, the Service said nothing, despite the fact it has an interagency signage committee headed by one of its own staffers; as the contract to install the signs was let and even while the signs were being installed, the Service said nothing; it was only after the Service learned that the Florida Commission was conducting an enforcement review that it butted in and decided more signs were needed; and it happened in the Spring of this year. Mr. Webster noted that is the exact reason and cause of what is here today; the reason given by the Service’s Jacksonville field office for this intervention was their concern that if a ticket written by a federal officer is thrown out of court because signage is insufficient somewhere in the County, then Save the Manatee Club would accuse the Service of violating the Settlement Agreement; just as Judge Manson said, “It is a broken process ruled by litigation”; and even the Service has said it would like to release the permits and it understands that this broken chaotic mess is an unfortunate and unfair hardship for Brevard contractors and their customers who have followed the law, have applied for their permits, and have received approvals from Department of Environmental Protection (DEP), Bureau of Protected Species Management, St. Johns River Water Management District, and Army Corps of Engineers. He stated the new signs that are being installed in the County to satisfy the federal government are being installed in violation of federal law; the company doing the work does not carry required federal long-shore insurance as the cost of the insurance would double the cost of the signs; right now there are two federal laws being broken in order to satisfy one court order; and inquired other than punishing honest businesses and homeowners, what is the result of this broken chaotic mess. Mr. Webster stated it is very simple; other contractors will do this work without getting a permit at all; whether it is out of ignorance to the need for permits or out of awareness that it is the only way to get a dock built or repaired these days; homeowners are taking that choice more often; honest contractors are being punished; and maybe aerial surveys can prove that a homeowner violated the law and built without a permit, but who has the time or resources to do all of that checking. He noted it is a mess that is being made worse every day; the Board is too politically savvy to believe that permits will be released as soon as the last sign is planted; Mr. White indicated January 2004 might be optimistic; and inquired when does it end. He stated unless the Board joins other responsible leaders, like Congressman Weldon, and advises the Service that enough is enough, the answer is it will never end.

Chairperson Colon stated the agenda item includes dates of July 29, 2003, August 12, 2003, August 26, 2003, September 16, 2003, October 7, 2003, and October 21, 2003; the letter dated October 26, 2003 states, “On August 26, 2003, the Board considered Mr. Webster’s request and directed staff to prepare draft letters to U.S. Fish and Wildlife Service and FIND, expressing the Board’s opinion regarding the manatee speed zone signage problem and to bring the draft letters back to the Board for consideration”; there are a couple of letters, Drafts A, B, and C; and inquired which letter was staff’s recommendation to the Service.

Natural Resources Management Director Conrad White responded Attachments A and C; and Attachment B was a letter proposed by Commissioner Pritchard. Chairperson Colon stated she wants to make sure the same thing that happened the last time did not happen this time, which was which letter was being sent and which letter was being denied; and inquired what is the difference between Attachments A and C. Mr. White responded the main difference is that one letter is being issued to FIND and the other letter is being issued to U.S. Fish and Wildlife Service. Chairperson Colon stated Attachment A was staff’s draft letter to the Service; and read the letter, as follows: “Dear Mr. Hankla: The Brevard County Board of County Commissioners would like to express its concern regarding the delay of federal dock permits being issued in Brevard County. Although the County is currently considered an area of “inadequate protection” for manatees due to problems enforcing the manatee speed zones, it is the Board’s understanding that FIND is installing signage to facilitate enforcement efforts. The Board requests that when the proper signage is in place, that your agency expedite the consultation with the U.S. Army Corps of Engineers so it can release dock permits in Brevard County.” Commissioner Pritchard stated the main difference between staff’s letter and his draft letter is staff said, “The Board requests that when the proper signage is in place . . .”; his question is “when” may never happen because of all the issues as to when is enough, when is the review process going to happen, and who is going to make that determination; the point is that while all of this is under discussion, permits are not being issued, which is why the Board has a draft written by Mr. Webster; and this would be the letter Mr. Webster is proposing the Board send to Craig Manson. He noted the end of the letter says, “We therefore urge you to order the release of withheld Brevard permits and to work with us and other concerned parties to implement a more efficient, less onerous, and less expensive process for determining and maintaining designated critical habitat”; the whole idea is to get the permits released, not wait until some arbitrary decision comes forward that the signage is in place and correct; it conceivably could be years in the making; and January 2004 is being unbelievably optimistic. Chairperson Colon stated a letter going out by the Board may not be perfect as far as wording, but at least it talks about releasing dock permits; a letter by the Board is better than no letter; and the letter received some kind of consensus from the Board.

Ana Nesbitt, representing Johnsen Amphibious, stated withholding County permits has had an impact on her Company; to date it has 19 permits on hold with Army Corps of Engineers (ACE) and U.S. Fish and Wildlife Service; and the average price of the docks is $23,000, for a total of $437,000 in revenue on hold at this time. She noted the Company has all the permits except for ACE permits; some of the permits are coming up on their one-year anniversary; when the ACE says it will be releasing permits soon, it is not true, as it has been saying that for one year; and one year is too long to wait. She stated her Company has lost nine contracts in the last year due to unlicensed contractors who continue to build without permits or proper insurance; homeowners do not want to wait one year or more to build a dock; the Board knows how long it takes to get a permit; and some Commissioners on the Board have built docks without permits because they apparently did not want to wait. She inquired if it is okay for the Commissioners to do it and enjoy docks, how come the Board does not send out a letter so that other people in the County can enjoy the same rights. Ms. Nesbitt noted all of these regulations are putting honest, legal companies out of work; at this time, her Company employs 20 employees, with an annual payroll of $416,000; if the permits continue to be withheld, the people will potentially be left without a job; and that is 20 families in the Company, all taxpayers of voting age. She stated it may not seem like much to the Board, but according to County licensing, there are 30 licensed marine contractors, plus their employees and families, which results in a major economic impact and major loss of jobs, not to mention the impact it could essentially have on the value of waterfront property. She inquired what is the point of paying so much money for waterfront property and paying high taxes if one cannot enjoy their property with a dock; stated the County has already made it hard on marine contractors with its outrageous costs for dock permits; without the issuance of State permits, the County could put the companies out of business and encourage the growth of unlicensed contracting work; contractors cannot afford to wait one year for permits; and homeowners are not willing to wait one year for permits. Ms. Nesbitt requested the Board act on behalf of the people it represents; and encouraged the release of U.S. Fish and Wildlife Service and Army Corps of Engineers permits. She stated Brevard County was founded upon its waterways; and it would be a disgrace to withhold citizens’ rights to enjoy them.

Commissioner Scarborough inquired what does Ms. Nesbitt mean by some Commissioners building docks illegally. Ms. Nesbitt responded her Company is aware that Commissioner Higgs’ dock was built without a permit after permitting rules were in effect; and such dock was built on an aquatic preserve and exceeds the square footage. Commissioner Higgs stated she has a dock; she and her husband purchased a house in 1989; and the dock was in place at the time. Ms. Nesbitt inquired if Commissioner Higgs has done any alterations to the dock; stated she has reviewed aerial photographs and contacted Army Corps of Engineers and Department of Environmental Protection (DEP); no permits were pulled for the dock; and according to the aerial photographs, the dock has changed since Commissioner Higgs bought it. Commissioner Higgs responded there is less square footage than there was.

Patrick Keefe stated he e-mailed the Commissioners his feelings about the permitting issues; Commissioners Pritchard and Colon e-mailed him back, which he appreciates; he visited Save the Manatee Club’s website; and it is full of “maybes”, “might have been”, “could be”, and “don’t knows”. He noted anyone with a $5 million budget per year who can give out answers, such as “I don’t know”, does not deserve such a budget; there have been many release dates promised and a “no moratorium” promise on docks; those promises have come and gone; and they are lies. He stated he believes the manatee count is deliberately flawed every year; the Club waits until it is cold; the dumb manatees flock to the power plants for warm water; and the smart manatees swim south. He noted Dream Docks has 18 permits on hold, 13 of which are over a 150-day time limit and several of which are approaching over one year; several lawsuits are currently pending against U.S. Fish and Wildlife Service, including the Florida Marine Contractors Association; many people who have boats want their docks; and the whole issue is a fiasco and making it hard on people who want to make an honest living.

Jerry Johns, Jerry’s Marine Construction, stated he has been in business since 1970; prior to that he worked with his grandfather, who started his business in 1938; he is a boat owner and does not go in the river to hit manatees or porpoise; and he probably has hit a manatee before, but not intentionally. He noted he does not believe any boat owner would hit a manatee intentionally; he has never seen a boat dock or boat piling damage a manatee; he likes his grandchildren to see the manatees in the river; and he has about 16 permits at this time held up by Army Corps of Engineers. He stated he has had several customers tell him if he cannot build their docks with permits then they want him to go ahead and build their docks; he does not do that; however, it is getting tempting as there are several contractors building docks illegally because they have to eat and have bills to pay. Mr. Johns requested the Board’s assistance in getting the permits released; stated the companies are losing money; people want their docks built; and there are Commissioners on the Board who have their docks already.

Barbara Bockman stated she is a property owner who has had a dock permit pending since the first of March 2003; she cannot get any answers from anybody; the promises never come about; and there is no consistency or expectation anymore of anybody being honest. She noted it is a real shame when dealing with government; she does not understand all the issues; she understands it is unreasonable to wait this long to get an answer; and she cannot count on anyone to tell her the truth or follow through with what they have said they are going to do. She stated the contractors present today are making an honest living and trying to play by the rules; they are going to be put out of business; and it is bad when one does not know what to expect and cannot get a good answer. She noted anything the Board can do to encourage the issue to be resolved would be good for Brevard County.

Walter Pine, representing the Center for Civil Rights Advocacy, stated the Center deals with people who have similar problems throughout the State of Florida as the present issue; there are some parts of the State where one cannot get a contractor to repair a dock at this time as they are out of business; those areas of the State are beginning to see a real problem with waterfront access as the docks are going to deteriorate and there will be nobody to repair or replace them; and if there is a hurricane, the docks will all be tore up and no one to fix them. He noted the letter currently proposed is not sufficient; the contractors are doing their job and complying with County, State, and federal laws; the people not complying are making money; and the Board repeatedly says it supports business. He stated the contractors are only asking for what they are legally entitled to; the Board should not be going hat-in-hand; it should be supporting the people’s rights; and they have a right to get the permits. Mr. Pine noted it is not something in question or subject to review; the contractors have qualified for the permits and are entitled to them; the permits are being unlawfully withheld; and if there was a business that supported 2,000 people and they were going to go out of business, he is sure the Board would fight for the contractors. He stated that is what the permits represent, contracts and employment; the Board needs to fight for them; it is elected to represent the people; and their rights have been usurped through litigation by unscrupulous organizations that will use this process over and over, and there will never be enough signs and they will never be in the right place. He noted Lee County has been moving signs for years and putting more signs in; the question of whether Brevard County will get the signs right is moot; the people are entitled to their permits and making a living; and they are entitled to obey the law. He stated government has a duty when people obey the law to provide them the support they are in need of; and requested the Board do so and put stronger language in the letter, such as “require” or “demand”, and consider a legal suit against the federal government. Mr. Pine inquired if the federal government is going to do this on docks, what is next; whether or not someone can put in seawalls, repair their house, hunt or fish, or turn on their lights at night are other issues coming; and it needs to be stopped. He requested the Board take a stand and support the people in their efforts to get their licenses and permits.

Chairperson Colon stated the last time the Board discussed the item, Mr. Webster was not present; at first she was under the impression it had taken care of the issue, but once she reviewed the transcripts, she realized it had not; and there was a debate on which letter was to be sent.

Commissioner Pritchard noted he supports Mr. Webster’s latest draft; he does not have a problem with it; the whole issue is when Mr. Webster came before the Board, it made a decision to have staff come back with two letters that would be sent; and there was not a discussion about one or the other. He stated the letter staff came back with had no teeth, which is no good; a letter like that does not mean anything; the issue the Board needs to focus on is that the County is talking about a multimillion dollar marine industry and businesses that employ people who have mortgages, pay taxes, and have families; after the last meeting when he commented that a lot of people who build docks do not own a boat, he received several e-mails from people who said they do not own boats, but their docks are their Florida rooms; and docks do not kill manatees. He noted the permits should be released; holding businesses hostage like this for the whims of some federal bureaucracy that cannot get its act together is not any way for the Board to operate as a responsible representative of the citizenry.

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve the draft letter submitted by Steven Webster to U.S. Fish and Wildlife Service requesting release of dock permits in Brevard County.

Commissioner Scarborough stated the U.S. Fish and Wildlife Service does not care what the County sends to it; he does not believe it is going to make any difference; he has been in manatee discussions for so long; and it is like speaking some foreign language on the beach and nobody hears it. He noted the Board needs to stop dragging people out to hours after hours of meetings on something he has not seen receive much positive response from another agency.

Chairperson Colon called for a vote on the motion. Motion carried and ordered unanimously.

LEGISLATIVE INTENT AND STAFF DIRECTION, RE: IMPLEMENTATION OF AIR
QUALITY PROGRAM

Amy Tidd, representing Turtle Coast Sierra Club Group, expressed appreciation to the Board for voting unanimously on April 18, 2002 to approve legislative intent for developing an air program; stated today the options are being presented to the Board; every day the County’s population increases, adding more air pollution from the loss of green spaces, more cars, and electric power generation; and everyone needs to look to the future to make sure they can breathe clean air. She noted while reading over the package submitted by Natural Resources Management Office, she agrees with its statement that Brevard County has air pollution concerns; she is not completely convinced, however, that the largest contributor to air pollution in the County is from mobile sources; she agrees with the Environmental Protection Agency’s (EPA) report that one-third of the nation’s air pollution comes from mobile sources; and such report indicates that 93% of the County’s air pollution comes from cars and mobile services. She stated the first exhibit page she provided to the Board is from Department of Environmental Protection (DEP); it indicates mobile sources emissions account for almost one-third of the air pollution in the United States; it means other sources contribute two-thirds of the air pollution; and in the report, some non-factual data could have possibly been used by the environmental defense. Ms. Tidd noted it is important to remember one-third figure when looking at the environmental defense scorecard; the Florida Power & Light (FPL) Company and Reliant Energy power plants are huge contributors to air pollution; the haze seen many days in the County can be tracked backed to the power plant stacks; and the Board needs to look at the website the scorecard was pulled from to read the rest of the story. She stated she has included the information as the second exhibit of the package; the scorecard states that based on EPA’s most current data, Brevard County ranked among the dirtiest and worst 10% of all counties in the United States in terms of non-cancer hazards from hazardous air pollutants, such as asthma and pulmonary heart disease, and the County’s residents face a cancer risk of more than 100 times the goal set by the Clean Air Act; the air is not clean and it worsens every day; and most of Brevard County is monitored through the Title V Program. She noted the two old grandfathered-in power plants are not equipped with modern pollution controls; they burn #6 fuel oil, which can be compared in pollution to coal; #6 fuel oil burns with greater pollution, up to 95% more sulfur; and it has much more particulate pollution. Ms. Tidd stated the fallout ash contains many hazardous substances, like arsenic, lead, selenium, and mercury; the new and re-powered power plants burn only #2 fuel oil and natural gas, and has significantly reduced emissions; particulate emissions from FPL Company for 2001 was 1,068 tons, compared to 14 tons put out in the first six months by the new Oleander Plant; and the County’s citizens pay extra in their electric bills for clean fuels burned in other counties, while suffering pollution from the money-making old plants here that burn #6 fuel oil. She noted this is unfair and unhealthy for the citizens of Brevard County; while the worst effects are over the five miles of the plants, the effects can be felt for 50 miles; the two plants are also within sight of each other, doubling the pollution citizens breathe; and they put out 96% of monitored particulate matter, which has been scientifically shown to increase the death rate by causing death by lung cancer and heart disease. She stated the plants put out 99% of the monitored sulfur, which causes asthma and allergy increases, along with lung cancer and heart disease; and requested the Board authorize action to control pollution of the power plants. Ms. Tidd noted adding the total air program would be the best option, but with current budget constraints, option 2 could also help where the County funds an additional monitoring station in Port St. John, directly in the plume of the plants where the people live; if the County added the additional station that was staffed by an expert with demonstrated expertise in power plant pollution, it could gain the supporting scientific data that could lead to implementing more stringent air quality standards for the grandfathered-in Title V permit holders; and she supports authorizing the air ordinance, which is included in the package. She stated the County spent many tax dollars on it; if it was implemented there could be some beneficial results to the citizens; and suggested the Board conduct a study that could collect data from census information and the Health Department showing the death rate from cancer and other diseases within a five-mile radius of the two plants compared to Malabar, which does not have such plants. She noted the study could be put together by a graduate student; it would be a low-cost study; and requested the Board meet with FP&L Company and Reliant Energy to work out an agreement to decrease the sulfur and other emissions, possibly that the power plants agree to at least burn 1% sulfur or less #6 oil. Ms. Tidd stated the Companies maintain they are burning this now, so it should not be a problem for them to agree to it in writing, as long as some contingencies are allowed for emergencies; FP&L Company has worked with the community of Port St. John for many years to decrease emissions; the agreement would be a good show of faith; however, if the two plants are not interested, the County should proceed with Option 6, to hire a consultant to initiate a legislative petition to amend current air regulations using data from the health study and extra monitoring station to add more restrictive fuel requirements to the current Title V permits. She noted Brevard County has a higher death rate from lung cancer than surrounding counties; and it loses 50 more people per year than such counties. She recommended the County at least fund an extra monitoring station in Port St. John, advertise the air pollution ordinance, conduct a health study, and work on an agreement with the power plants; and stated the actions could have great results and protect the health and welfare of the people. Ms. Tidd stated the agreement would not cost anything; the power plants are willing to work with citizens and the County to decrease air emissions; it has been done in other counties; there are things that can be done; and the important thing is to not leave the room today without some action.

Commissioner Pritchard noted Ms. Tidd indicated the EPA’s report included one-third of the nation’s air pollution comes from mobile sources, and inquired what is Brevard County’s. Ms. Tidd responded the County does not monitor its air pollution; it is only monitored by the federal government and State; so she quoted the two agencies who keep track of the County’s air pollution; and there are many, many tons of pollutants coming from the power plants.

Wendy Porter stated since she and her husband moved to Port St. John they have been appalled at what they see coming from the power plants; the discharge is incredible; some of the emissions are green, orange, and yellow in color; daily there is a constant discharge; and at times all four power plants are running. She noted the emissions cause damage to their vehicles; FP&L Company and Reliant Energy accept responsibility as they will pay to wash, detail, and paint vehicles if there is damage; and inquired what are the pollutants doing to the citizens who breathe the air every day. She stated there is no control and nothing has been done; and requested the County set up monitoring stations in between the plumes so everyone knows what is coming out of the stacks and what they are breathing. She noted she had her house pressure washed; the company doing the work told her she did not have mold, but particulates from emissions; and requested the County conduct a health study. Ms. Porter inquired if there is anywhere in the country where citizens are sitting between two energy plants; and stated FP&L Company and Reliant Energy are grandfathered into what they apparently can put into the atmosphere. She noted it is absolutely unconscionable that the citizens are sitting like ducks in a galley between the two power plants; perhaps there can be an air quality program; and the best solution would be for the power plants to agree to get within the limits they should be to control emissions. She stated the Board is the only agency that can actually do something about the problem; and requested the Board help the citizens.

Maureen Rupe stated the most beneficial vote the Board could take today is to implement a complete Countywide air program; but staff’s fiscal evaluation does not make this seem realistic due to budgetary constraints; and the citizens must not leave here today with nothing, especially nothing more than a resolution. She advised there have been two Resolutions in the past years she has been fighting the power plants--1993 and 2001; action is needed; at a minimum, the County should begin the process to ask the State Legislature for a special act and allow for a referendum in the County concerning air quality; and a special act would make any program eligible for priority funds from the State. She noted there is justification; Port St. John has a unique situation having two power plants in close proximity; the situation requires a scientific study to find out what is the combined pollution from the two plants; and the study would justify the legislative special act. Ms. Rupe stated the County must conduct a geographic study of the three related problems associated with the plants; and inquired is there a higher instance of asthma, cancer, or allergies within their footprints. She noted the citizens have a right to know exactly what adults and children are breathing; right now they do not know the combined pollution; it could be lethal; and perhaps they are exposed for a greater length of time with the two plants, but no one knows. She stated the County needs local input into Title V permitting at the renewal of permits so it can challenge permits and the 120 hearing is necessary; and inquired could a voluntary binding contract be made with FP&L Company and Reliant Energy to keep sulfur emissions to less than 1%, which is what FP&L Company is presently claiming it is doing. She noted any binding contract should also include a commitment to burn #2 oil instead of #6 oil; it seems FP&L Company cleans up its emissions so there is no smoke when the issues come before the Board or when the community starts to complain; afterwards, the Company falls back; and the County cannot rely on its citizens to constantly keep diligence on the power plants and rely solely on the Companies’ good will. Ms. Rupe stated in 2002 the Tampa Electric Company and State of Florida filed an historic agreement that would dramatically impact the Company’s two power plants that are in the dirty dozen of Florida; under the agreement, the Company agreed to cut nitrogen oxide emissions by half in the next five years and promised reductions to follow; it was agreed that sulfur dioxide emissions would reduce 80% by 2010; and the landmark agreement represents an effort by Florida’s corporate leaders to integrate environmental protection issues with competitive business planning. She noted in a meeting on August 15, 2003 with County staff, a statement was made by Howard Roach, Director of State Air Resource Management of Florida, that he was unaware of any local government which had been successful in requiring the minimum separation between power plants; and inquired with no siting requirements, does it mean that Port St. John could possibly have a third power plant, depending on the makeup of the Board at the CUP hearing. She stated the October 7, 2003 FP&L Company’s letter to the Board says, “Nitrogen oxide emissions were reduced 2%”, which in 2002 was 46% below comparable emissions; in 2002, the Cape Canaveral plant, which is the Port St. John plant, was found to be one of the 10 worst plants in the State for increases in soot and smog-forming pollution, which is nitrogen oxide; it reacts with sunlight to create ozone; and it trickles into surface water in the form of acid rain. Ms. Rupe noted nitrogen oxide also damages lungs and causes other health problems; she is particularly worried as children breathe more per pound of body weight than adults, so they are most affected; the Port St. John plant was ranked 18th for the worst increasing carbon dioxide emissions; and FP&L Company states that the new source review revisions to the Clean Air Act concerning repair and maintenance requires that power plants cannot alter the basic design parameters of a process unit or cause the unit to exceed emission limitations. She stated the Clear Skies Act exempts thousands of older power plants, including the Port St. John/Canaveral Plant from having to install costly clean air controls when they modernize their plants to improve efficiency; the new source review, which requires pollution industries to upgrade facilities where major modifications are made, will be gutted under the Clear Skies Act; it delays all deadlines to meet health standards in the Act and relaxes pollution reduction for power plants; oil refineries, chemical plants, and power plants can escape pollution controls under the Act; and there are at least 13 states suing the federal government to block the changes. Ms. Rupe stated in the letter’s summary, FP&L Company states, “urges the Commission and County staff to forego the development of a costly and cumbersome County air program. Surely, such a local program is not justifiable, given the compliance record of the plant.” She inquired why would a clean industry have anything to fear from an air quality program, not welcome the opportunity to prove what they claim is true, and not be sympathetic to the community about the combined pollution concerns of Reliant Energy and FP&L Company. She noted there are hazardous materials not monitored by the State that other counties in Florida have monitoring programs for; mercury and lead are two of the most hazardous materials not monitored by the State; she has not spent a lot of time on mobile emissions; and she does not know how effective an inspection program would be with the amount of out-of-state or County licensed vehicles. She stated she does not know if Patrick Air Force Base and Kennedy Space Center would be required to follow local laws, along with companies that license their vehicles at their home offices outside the County; mass transportation should eventually be changed to make it more available; County vehicles should be changed to alternate fuel; and since the air emissions top the list of mobile sources, the County should be looking seriously at businesses and ships at the Port, which must be significant pollution contributors. Ms. Rupe noted there should also be an ordinance in place to ticket vehicles which have smoke coming from them that partially blocks visibility; they are not only pollutant, but a safety hazard on the road; most of the recommendations are concentrating on one area of pollution within the County; but concentrating on the largest polluters is important. She stated the recommendations, which start with the worst polluters, are at least a solid starting point for an air program the County can eventually expand Countywide; it cannot afford to keep looking in the other direction; the Commissioners are the guardians of the County; and the citizens are looking to the Board to protect them.

Helen Dezendorf, President of Port St. John Homeowners Association, stated the Association is very concerned about the issue; she is a mathematician, so it bothers her that somebody can tell her that 93% of cancer risk in Brevard County comes from mobile sources, 7.1% comes from area sources, and .016% comes from point sources; that is more than 100%; and inquired if EPA cannot get that right, how can the citizens believe any of the percentages. She noted “grandfathered” may not be a four-letter word, but it is still a dirty word; if Brevard County and the rest of the world would not grandfather things in, there would not be a lot of the problems as there are now with power plants; the Board has a chance to change it; and the law allows it to make more stringent requirements on its power plants than the State or federal government if it can prove it is necessary. She stated she read the staff report; it states, “A local government has never successfully required a grandfathered power plant to retrofit or convert to cleaner fuels”; she hopes this does not sway the Board to keep it from passing the ordinance so that the County can attempt to gather the data to allow an ordinance, which makes it stronger than the State or federal government; the citizens are the same ones who, with the rest of the nation, met the challenge when President Kennedy said he wanted to go to the moon and his staff told him no nation has successfully landed on the moon; and that obstacle was overcome and Brevard County is what it is today because of it. Ms. Dezendorf stated the County can overcome the obstacle of being allowed to make those decisions on a local level; and requested the Board adopt an ordinance that allows it to gather the data.

William Stein stated he loves Brevard County, but the air quality is killing the citizens; his wife has Chronic Obstructive Pulmonary Disease (COPD) and is on oxygen; and he believes it is from the air quality in the State. He noted he was president of the Oak Point Mobile Home Park Homeowners Association; there was never any problem there about air quality or particulates until Reliant Energy’s power plant; representatives from Reliant Energy have met with homeowners in the Park, but the people are still getting particulates in the area; and the Company provides car covers for the homeowners, but the paint has already been ruined. He stated Reliant Energy also provides free tickets to the homeowners to get their vehicles washed or detailed; the Company must know something is happening to the citizens and it is being their benefactors; it is disturbing; and the Company must have a guilty feeling some place. He noted he is in the process of having to move from the trailer park due to his wife’s health; it is not fair; he put 20 years in the Navy and comes here to something like this; and whether the power plants are grandfathered in or not, it is not right. Mr. Stein stated the Board is empowered and can change the rules for how much smoke and junk the power plants can put out; people in the Park are dying from cancer; he knows there are more people dying of cancer in the Park above the national average; and he agrees with Ms. Tidd’s suggestion of the County conducting a study as there are problems.

Frank Leslie stated he has lived in Brevard County since 1965; he is a member of the Florida Space Coast Clean Cities Coalition and endorses its alternative fuel vehicles; he is also the Energy Chair of the Sierra Club Turtle Coast Group; and he also teaches renewable energy for Florida Tech and works in the Department of Marine and Environmental Systems. He noted as the University continues to grow, it does a lot of further outreach to the communities; there are people there who could help the County as consultants or providing advice with regard to environmental aspects of air quality and water pollution; he is interested in energy as opposed to air pollution; and he looks ahead 20 and 50 years from now. He stated Brevard County has very clean energy in general in that it does not have coal plants immediately in the area; energy has cleaned up a lot; there are still points of very important sources that need to be reviewed; and the things that drive that are often economics. He noted not all of it is in electric bills as they are quite low; the externalities that cause pollution and costs that are then picked up by public health organizations fall into medical insurance; things of that nature are pervasive and yet not part of the cost of producing the energy that has the by-products that cause these health effects; and it comes to a question as to whether those costs should increase such that the cleaning up of such energies are brought to a cleaner state and the people who are using the energy are paying for it. Mr. Leslie stated there should be a broader spectrum to the rates that are charged; there is a two-tier payment; 750 kilowatt hours a month is the point where the price breaks; and there could be five of those going from a very low level of use to a very high level of use, and increasing costs as the rate is increasing from one level to the next. He noted there has been an incredible increase in population in the County since 1965; mobile sources have cleaned up a lot; by federal standards, predominantly by the economic power of California and passing laws to get clean energy in cars, cleaner production and higher efficiency leads to federal standards as it is not that economic to produce cars that can be sold in just one State; and when one looks at the overall effect of increasing pollution from the exhaust of vehicles, there is a question as to whether it is something that would be aided greatly by inspection of everybody. He stated it went by the wayside some years ago; there was a lot of activity, but not always a lot of effective results; a point source from a tailpipe has a lot of influence as well as point source from a power plant; and he recently went to some renewal energy fairs in Fort Collins, Colorado and Albuquerque, New Mexico. He noted they do not have much higher prices than the County, yet there is a lot of emphasis in those areas on clean energy; one of the things that makes him proud is that he buys his energy from a company that has a sister group, FPL Energy Group, which owns the majority of wind turbines within the United States; at Florida Tech he is part of a research team that is looking at wind and solar energy that occurs during seabreeze conditions; and it is the peak period when air conditioners are being run. Mr. Leslie stated the energy peaks must be provided by energy plants, some of which are demand plants like Oleander; things of this nature are a complex operation; they all interact; and he was impressed when the Mayor of Fort Collins made an address where he talked about bringing energy research companies into the area and the City of Fort Collins was going to investigate getting hydrogen-powered buses. He noted a much more common form of that is compressed natural gas and very clean fuel to use in buses as opposed to diesel, which has particles smaller than two and one-half microns that very easily penetrate into the air sacs of the lungs; and urged the Board to look further ahead than the particular ordinance and try to anticipate the kinds of changes that will be required within the County to improve its quality of life.

Douglas Sphar stated he is pleased the Board is considering the ordinance to protect the quality of air in Brevard County; clean air with a healthy Lagoon provides a great economic benefit to the County; he supports the creation of a Brevard County air program that would allow the County to enact air quality standards that are more stringent than national or state standards; and requested more stringent standards imposed on point source of air pollution. He noted he read the ordinance that basically adopts State standards, but the point source emitters he is talking about are those entities that require a Title V operating permit; such permit is required by any entity that is a major emitter of criteria air pollutants as stipulated in Title 40, Code of Federal Regulations; criteria air pollutants are those for which the EPA has established health-based standards; and these include ozone, auto organic compounds, nitrogen oxide, sulfur dioxide, carbon monoxide, and lead. He stated point sources are the primary cause of SO2 and NOx pollution in the major emitter of particulates; point sources of pollution are a far greater health concern than the staff report indicates; such report only mentions cancer as a health concern; but SO2 and NOx in particulates are known to contribute to a wide range of serious respiratory problems, including damage to trees and lakes, and damage to metal and stone structures. Mr. Sphar noted studies in California have shown damage to the developing lungs of children; the EPA established a rank list of entities that emit these pollutants in Florida, the most recent ranking being 1999 on the website; the FP&L Company power plant in Brevard County is the #16 emitter of SO2 and #10 in the State for NOx; and Reliant Energy is #27 for SO2 and #30 for NOx; and the Sea Ray Plant on Merritt Island is #28 for organic compounds. He stated for 2.5 microns, FP&L Company and Reliant Energy power plants are #14 and #37 respectively; and for 10 microns, such plants are #15 and #40 respectively. He noted the County is a Class II air quality area, which means that for each criteria pollutant there is an increment of clean air between the current air quality and the non-attainment threshold; these cleaner increments are a very precious commodity that allows economic growth to continue in Brevard; counties that are in non-attainment of a standard are required by law to bring themselves into attainment or face potential federal sanctions, including withholding federal grant monies, direct EPA control and enforcement, and bands on the construction of new establishments that have the potential to pollute; and every entity that is granted a Title V operating permit in the County is granted a license to consume a portion of the remaining air increment. Mr. Sphar stated the County’s remaining Clean Air increment should be parceled out in a way that promotes sustainable, economic growth; the ordinance should include provisions that encourage repowering of the County’s two legacy power plants and for Sea Ray to retrofit its old facility with the advanced emissions capture technology required of its new, but currently mothball facility; the ordinance should also impose standards that will constrain the proliferation of new Title V operating permits in the County; and there is nothing unique about crafting tighter standards for point source emitters. He noted according to a recent article in Orlando Sentinel, Georgia, New Jersey, North Carolina, South Carolina, Wisconsin, and even cities in Cincinnati and Dayton, Ohio are preparing alternative air quality rules that will be more stringent than EPA’s rules; the Association of State and Territory Air Pollution Program Administrators and the Association of Local Air Patrol Officials are sources of information; and requested the Board move ahead with implementation of an air quality program.

Commissioner Scarborough stated a point source is the FP&L power plant; Mr. Sphar also mentioned Sea Ray; and inquired do the figures include automobile emissions. Mr. Sphar responded no, as they are mobile sources. Commissioner Scarborough stated Mr. Sphar mentioned two plants at #16 and #27; and inquired has anyone provided a number if someone looked at the combined emissions where the plants would be ranked. Mr. Sphar responded the plants report their stack emissions; when the Oleander plant puts out plume emissions, its primary plume settles in his Subdivision due to the prevailing winds; there are dispersion models for stack plumes; and someone could run them from other plants and see how they overlay on one another and probably get a model for combined emissions. Commissioner Scarborough stated #6 and #2 fuel oils were also mentioned; #2 is substantially cleaner; the gas is what Orlando Utilities Commission (OUC) used to burn until it sold to Reliant Energy; and now it is as bad as the FP&L plant. He inquired what is the difference in cost per kilowatt hours with the shifting from #6 to #2 fuel oil. Mr. Sphar responded he met with Mr. Sanderson; he indicated that every morning in Miami, a business person looks at the spot market for the various types of fuel; a business decision is made that day and someone calls the plant to say either burn gas or a certain number of oil; so it is a market-based decision. Commissioner Scarborough noted it is a social cost too; such cost is the personal cost if someone is suffering and has to breathe oxygen; beyond that there is a health cost; and Attorney Knox looked into the potential of the County having a class action suit due to the impact it has on citizens. He stated there is additional health cost; the cost is not being borne by the consumer of the kilowatt hour, but by the persons in close proximity to the production; and inquired if someone could measure the two costs. He noted the cost is tremendously more when it is not passed on to the consumer; utility companies pass it on; so the issue is multiples of cost, but nobody has done the analysis of how much more it cost and the collateral cost where it is hidden in medical and other types of things, such as insurance rates.

Geraldyne Wilson stated she is a resident of Oak Point; she has lived there for three and one-half years; last month she was diagnosed with COPD; and her husband has developed very heavy congestion, which compels him to use a forced air device. She noted they believe the air pollution in the area is a contributory factor; the residents need the Board’s assistance; they need clean air to breathe; and it is not asking too much.

Bobbie Gumm, Assistant Manager of Oak Point Mobile Home Park, read a letter from one of her residents, Fran Canup, as follows: “To whom it may concern: My name is Francis Canup. I have been a resident of Oak Point Mobile Home Park for 11 years. October 2001 I was diagnosed with cancer in my upper right lung, followed by a lobectomy or a typical carcinoma tumor in December 2001. October 2002 I was diagnosed with a deno-carcinoma in the upper left lobe, followed by surgery and radiation. At the same time, the doctor discovered an unknown nodule in the second lobe of my right lung. June 24, 2003 an MRI showed deno-carcinoma in the brain. Radiation has shrunk this cancer a small amount, but it is still there. I love my home in Oak Point, my good neighbors, and my friends. I feel the contaminated air in this neighborhood has contributed to my poor health. It is a little late for me to move at this point. Please help us. We need clean air. Sincerely, Francis Canup.” Ms. Gumm requested the Board’s assistance.

William Young, representing Space Coast Clean Cities Coalition, stated the Coalition is part of the University of Central Florida (UCF); it does a lot of research; and UCF recently did a research study for the Metropolitan Planning Council for Orange, Osceola, and Seminole Counties, and evaluated the amount of emissions being produced by mobile sources including such study included lawnmowers, garbage trucks, etc. He stated Clean Cities is a U.S. Department of Energy Program to look at mobile source emissions and energy consumption; and it is trying to reduce emissions and energy consumption. He noted documents have been produced by the Coalition; part of the program as Clean Cities is to educate and produce jobs; the Coalition is formed of government and industry teaming together for joint projects that benefit both; and the brochure shows the area, with Brevard County being one of nine counties of the Coalition doing those things. He stated NASA has hydrogen here, so there is a hydrogen industry; UCF has a hydrogen program to develop transportation and other things in that area; there is a new fueling station in Titusville for compressed natural gas; and NASA has close to 120 compressed natural vehicles. Mr. Young stated the Coalition produces literature and has a webpage; individuals can find out where the fueling stations are and where to get compressed natural vehicles; they can also do a cost analysis on the program to find out what vehicle is best for the application; and the Coalition has also produced The Path to Alternative Transportation in Florida. He noted A Guide to Alternative Fuel Transportation in Florida was produced by the Clean Fuels Advisory Board, which was passed in legislation four years ago; the Governor appointed a group of technical experts in all different areas of transportation to develop recommendations on transportation and what the State of Florida should do; so it is a guide and about regulations.

Commissioner Scarborough stated it is an interesting subject from Mr. Young, but it is not germane; the discussion has been about two power plants and people dying of cancer; and inquired if Mr. Young can help with that as opposed to transforming automobiles. Mr. Young responded the report produced by the County has information about NOx and emissions produced by vehicles; there are two issues--one is mobile sources and one is stationery; Clean Cities is dealing with mobile sources; and it is the same emissions as being produced at the power plants. Commissioner Scarborough stated the hour is late and it may be an interesting subject for some other meeting, but the Board needs to get back to what action can be taken as to the two power plants at this moment; and thanked Mr. Young for coming. Mr. Young inquired if he can say a personal issue; with Commissioner Scarborough responding if it deals with power plants and people dying. Mr. Young stated it is all emissions, wherever it is coming from.

Commissioner Higgs stated number 5 on the list is to develop a partnership with the Clean Cities Coalition; it was part of the staff report, so she thought it was appropriate that Mr. Young was here. Commissioner Scarborough noted the Board will be here until 3:00 a.m. tomorrow morning rather than midnight. Commissioner Higgs stated Mr. Young had five minutes; with Commissioner Scarborough responding he understands.

Chairperson Colon stated she would like Mr. Young to be part of the discussion as it is going to be in the future and is part of what the package has; the Board is going to try to focus today on what it can do as far as studies and things like that; and she would appreciate Mr. Young staying in touch with the County as he is part of the long-term project.

Thelma Roper stated she is from Titusville and was born and raised in Brevard County; she looked at the cost analysis on the staff report and has a problem with it; she does not believe taxpayers should have to pay for everything out of their pockets to clean up the power plants; and the plants created the problem. She noted she was surprised to hear Commissioner Scarborough mention a class action suit; if the County is going to do anything it should side with the citizens in a class action suit against the power companies to make them clean it up; the County and the two power plants are in a unique situation; some of the power companies have been sued to continue running their power plants on the water when there are times they would have shut them off to continue warm water outflows so manatees do not die off; and it is killing the people to do this. She stated the power plants should ultimately be held responsible; she lived in a town in Kansas for a while that had two refineries in it; Brevard County is getting the cancer and the town in Kansas had suicides; and such town had the highest suicide rate in the nation with a population of 30,000 or less. She noted it is a concern, but again it should not be up to the people to pay the bill; these large companies are taking in profits and creating the problems; they should be made to clean it up; and a lawsuit against them would be the best thing to do. Ms. Roper stated perhaps the County should contact the company Erin Brockovich used to work for that went after PG&E; and maybe it will go after FP&L Company.

Bea Polk stated the County went through the same problem with OUC; when she went to Tallahassee she found out OUC did not come under the Public Service Commission (PSC); and inquired does Reliant Energy come under the PSC now.

Commissioner Scarborough requested Ms. Polk finish her remarks; and stated he is going to have the County Attorney make some suggestions on how the County can proceed more expeditiously than what is in report.

Ms. Polk stated when she went to Tallahassee, she was told they could not control OUC, but they also told her what OUC was bringing in; she told OUC, and it kindly changed some of its way; but Reliant Energy’s power plant emissions can be seen in the air; so it is using the cheapest oil it can get. She noted Reliant Energy is going full blast; when the wind blows toward Port St. John, she does not know how the people take it; mostly at night she sees the air emissions; and it is bad and getting worse. She stated it is time the Board take the power plant companies to court; it is the only way to stop them; if the companies come under the PSC she would like the County to have someone come from the State so the Board can ask questions; and it would be surprised what the companies are burning. She noted the screens at her house are beginning to come apart; and inquired does the County ever check the power plants.

Commissioner Scarborough stated staff has compiled a report; Ms. Tidd and Ms. Rupe have made suggestions; and the County Attorney believes he can bring an injunction under Florida Statutes.

Motion by Commissioner Scarborough, to direct the County Attorney to proceed with a possible injunction under Florida Statutes, Chapter 823.05 against the Florida Power and Light (FP&L) Company and Reliant Energy power plants.

Commissioner Higgs inquired what is the injunction for; with Commissioner Scarborough responding to enjoin the companies from filthy air in the area. Commissioner Higgs requested an explanation from the County Attorney.

County Attorney Scott Knox stated the Board heard people complaining about what is going in their neighborhood between the particulate matter that is falling on their cars, all the way down to health problems; and there is a Statute that basically says if there is some activity being maintained in an area that causes health problems or noise to the community, it is sufficient to create a public nuisance, which allows the County to file for an injunction.

Commissioner Carlson inquired what would the injunction do. Attorney Knox responded assuming the particulate matter falling on cars is deemed to be an annoyance to the community, if the County gets the injunction the companies are required to stop whatever process is creating that. Commissioner Scarborough stated Attorney Knox would proceed with an injunction, but what he would probably end up with is the companies wanting to enter into some agreement where there could be some specifications; the County could get a special act from the legislature and have a referendum; it could take 12 years; but the Board could go ahead and let Attorney Knox move forward. He noted if Attorney Knox has a good case, there will be some agreements forthcoming; the Board could say at last it did something; the problem is federal, state, grandfathering in, and different rules; and the County needs to get an injunction, which will give it the teeth to say it has done something. He stated if the County walks away from the issues, they will be back again and again; and even though it can talk about all the different ways it can go, it is the long route around the issue.

Chairperson Colon stated she supports Commissioner Scarborough’s motion. Commissioner Higgs inquired will the injunction be using State law in regard to nuisance; with Attorney Knox responding yes. Commissioner Higgs inquired what about the necessity to do some epidemeological studies so the County knows whether or not there is actually an increase of health risk. Attorney Knox responded before the Board goes forward with filing any kind of lawsuit, he would recommend it obtain an investigator to talk to some people to find out what the problems are and who has been talking about the problems. She inquired does the County need the epidemeological information before it gets into the nuisance suit; with Attorney Knox responding he may or may not need it depending on what is found out in the investigation. Attorney Knox stated the standard is tied to health and annoyance of the community. Commissioner Scarborough stated Attorney Knox will not file the injunction tonight; he is asking to proceed with the examinations; the Statute clearly gives the County authority to enjoin health nuisances like it can enjoin a noise; and it is so simple as opposed to getting into all the rules. Commissioner Higgs expressed concern that the County needs epidemeological information; stated it needs to be a documentation at some point; Attorney Knox can review what Florida Statutes, Chapter 823.05 allows the County to do; and requested he come back to the Board with the information. Attorney Knox stated he will talk to the community and provide a report to the Board as to where the County can go and what it needs. Commissioner Scarborough inquired can there be a six-week turnaround time for the information; with Attorney Knox responding yes. Commissioner Scarborough stated he would like Attorney Knox to collect the information to bring an injunction, not for going the other routes; such routes are much more problematic; he does not want to go to the Florida Legislature; and such Legislature and PSC are owned by certain groups that are not the friends of the community. Chairperson Colon stated the health and annoyance issues need to be done simultaneously; and it is important for the report to come back in six weeks. Commissioner Scarborough stated there is no problem with staff taking the comments of Ms. Tidd and Ms. Rupe, and meeting with them; and if the County is able to have a legal right to enjoin the activities there, it will have the issue closed out fast. Commissioner Higgs inquired does the County have standing or does only an individual have standing; with Commissioner Scarborough responding it is the County’s right to bring the injunction. Attorney Knox advised the Statute says the county attorney has the authority to bring the suit on behalf of the State.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to direct the County Attorney to proceed with a possible injunction under Florida Statutes, Chapter 823.05 against the Florida Power and Light (FP&L) Company and Reliant Energy power plants due to health problems and particulate matter, investigate the issues, and talk to the community in the affected areas, including Amy Tidd and Maureen Rupe; and report back to the Board in six weeks.

Commissioner Pritchard stated he supports the motion; and he assumes one of the remedies FP&L Company and Reliant Energy could come up with would be burning cleaner fuel. Commissioner Scarborough stated that is what the Companies will do. Commissioner Pritchard stated he assumes #6 and #2 fuels come in by barge.

Chairperson Colon called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Carlson stated she supports the motion; and requested the Board set a date to talk more in depth with Mr. Young and the Clean Cities Coalition to work on a partnership with the Solar Energy Center in terms of what it can do to assist in public education, fleet management, and other issues. Commissioner Higgs inquired if Commissioner Carlson wants to vote for #5, to partnership with the Clean Cities Coalition; with Commissioner Carlson responding it is fine. Commissioner Carlson stated the County can approve it as a starting point. Chairperson Colon suggested Mr. Young come back in six weeks. Commissioner Scarborough requested Mr. Young work with Attorney Knox.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to set up a coalition with Clean Cities to work and assist the County Attorney in obtaining information needed on cancer research, etc. that might aid the County’s cause. Motion carried and ordered unanimously.

Office of Natural Resources Management Director Conrad White inquired does the Board desire Clean Cities to come back and make a presentation; with Commissioner Scarborough responding staff can see what evolves.

PUBLIC COMMENTS - WALTER PINE AND THELMA ROPER, RE: ONE-PERCENT
SALES TAX

Walter Pine stated the last time he discussed the item there may have been some misunderstanding; the voters have an absolute right to know where tax dollars are spent; the government, including Brevard County, already massively wastes and overspends money; and the issues are whether the people want government to promise tax dollars before they authorize them. He noted no one in their right mind would give unaccountable bureaucrats a blank check to write in the amount of taxes they want the people to pay; the money for operating costs and unfunded projects can only come from taxpayers; built into the list created for the project is the need for more money or “x” projects added to influence the voters; and both would be wrong. He stated the projects that are being put on the list are worthy of consideration and should have been put on the list for funding long ago; to put them on the list now with the implication the projects will not get funded or done if the referendum does not pass is illegal; it is vote buying; and if it was legal, the power and phone companies would have no problem getting every raise they want simply by turning off their services each time they wanted a raise. He noted the Legislature has been explicit on how the referendum is to be handled to the point of writing the ballot summary; when the Constitutional legislation provides a way for doing something, it forbids it being done another way; the County seems to think it does not apply to it; and public employees acting as agents of the County are appearing at meetings where fundraising is occurring. Mr. Pine stated the employees are not appearing to give unbiased discourse; they are clearly and intentionally supporting the passage of the referendum; County employees are in support of the referendum; and they are commenting if the referendum is not passed that property taxes will be increased. He noted it has been alleged that at least one County employee is threatening voters with the release of violent felons if the referendum does not pass; some members of the Board have condoned and even participated in activities using taxpayer dollars that will influence the vote on the referendum; the County has produced what can only be characterized as a fraudulent publication called “Projects Catalog”; and there is not enough money for all the projects listed. He stated operating costs and the projects are listed; it is illegal to use referendum money for operating costs; nowhere on the list does it say operating costs will not be covered by the referendum, but it does say vote November 4, 2003; and all of this only serves to prove the County is violating the independence and sanctity of a vote. He noted the way the one-cent sales tax is being handled by the County is literally illegal; the exchange or promise of anything of value that influence even one vote is illegal; even the appearance of vote buying must be avoided; and if the County told the truth, the fact is not one of the projects listed is guaranteed funding through the referendum. Mr. Pine stated any number of things can happen to change that; this is simply smoke and mirrors to get people to vote for the referendum; if the money is not in the account it is illegal to dedicate or contract disperse money the County has no authority to spend; and the Board does not have authority to spend the tax money yet. He noted if the money is not in the account it is illegal to write a check for it; the County is negotiating and entering into contracts before the voters have said anything and before the Board has been given authority; it is illegal for the County to promise, guarantee, or represent that a particular project will be done with referendum funds prior to passage of a referendum; and inquired how can the Board say it is going to spend referendum funds that it does not have the authority to spend. He stated some County employees are making promises; acceptance of the projects and creation of the projects catalog demonstrate a clear representation that the projects will be done with referendum funds; there are not enough dollars for the projects that are listed; if this is the list, it is wrong; the projects should be funded and done whether the referendum passes or not; and the Board is already overspending the referendum money before it even has it.

Commissioner Carlson requested Mr. Pine provide a copy of his paper with the allegations of illegal activities and massively wasting dollars to the County Attorney to appropriately respond to for the record.

Thelma Roper stated if the County was doing the job right, all the projects would already be listed and prioritized waiting for funding; there would be a process where any citizen or group could propose projects; when the referendum was put on the ballot and people asked, the County could show them the list; and if people wanted to add something, they could through the established process. She noted as it is now, people with access to politicians got their projects listed while others did not; and inquired has everyone been given the opportunity to submit a project and where was the notice. She stated most organizations do not know if they can submit a project; and inquired where is the documentation that tells the general public in plain simple terms what referendum money can be spent on. She noted she cannot find it; it is clear that the Board has no control over what the County employees are saying; it has no idea what promises or presentations are being made; and inquired if the referendum does not pass, what is the Board going to do if some bright young lawyer finds a way to argue for one of the cities that there is some way to force the County to give up these promised funds. Ms. Roper stated stranger things have happened; the County has offered an incentive to vote to pass the referendum and provided a threat of negative repercussions if voters do not pass it; the County is campaigning for the passage of the referendum with taxpayer dollars; and it failed to properly provide a process for the projects to be submitted and prioritized for funding. She noted the County did not properly notice or announce the acceptance of projects for referendum funding; these are significant problems that must be addressed; she recommends the referendum be taken off the ballot, and all the current projects be listed and prioritized for funding; and a process should be established to allow anyone to submit a project for funding. She stated the funding should be sought for all of the projects; many projects could be funded with the taxpayers money that has gone into the many hours of meetings, publications, advertisements, and time taken away from other jobs; and it is time to do it right. Ms. Roper noted it seems like the animals have been given more rights than people; the County seems to do everything it can to protect animals; and the people are coming up on the short end of the stick.

Helen Dezendorf requested the Board reconsider and prioritize the different items on the list of projects that are going to be funded; stated a County employee spoke to the Port St. John Homeowners Association last Tuesday night; one of the things he brought up was that before the vote there was going to be some priority assigned to the projects; and the homeowners would love to see that happen. She noted those people who want the tax want to let those individuals who do not want the tax or do not know about it to understand that everything may not be funded; the most important things would get funded; if a priority list was set up maybe more people would be interested if they did not think everything was going to be recreation and interesting fun things, and more of it was going to go to public safety, roads or whatever, maybe they would be more interested in voting for it; and the people would still like to see a priority list.

Commissioner Scarborough stated the County has tried to be specific as much as possible; the reason to bond out immediately is because projects are cheaper now than they will be 20 years later; the County would be borrowing at less than 2% interest, which is almost like free money; and he met with Mr. Pine the other day to talk about what his intentions were and what Ms. Dezendorf’s intentions were. He noted when different groups are integrated, there is not a set list; there were different people coming in with different projects in different ways; a list was developed in public hearings; and it would probably be more definitive to the electorate if they knew whether their projects were front-end projects or subsequent projects. He stated the County does not want to tell an Alzheimer’s Center it has to wait 15 years; he respects what Mr. Pine and Ms. Dezendorf have to say, but the process is a dynamic one; the County has spent many hours on the issue; and the Board has never said it did not want to prioritize. Commissioner Carlson stated the Board asked for a time line; the County Manager is working on it; but she does not know when the Board will see it.

Ms. Dezendorf inquired if the information will be available before the people vote; she is listening to the people in her community saying they do not mind spending the extra penny, but would like to know whether the important things will be done first; and one County employee indicated a certain amount of money will be bonded out, but the funds will run out before all of the projects are completed.

Commissioner Scarborough inquired what is the County employee’s name; with Ms. Dezendorf responding Scott Ellis. Commissioner Carlson stated Mr. Ellis is an elected official. Commissioner Scarborough stated when the Port St. John referendum for recreation was voted on, there was too much money; the group came to him and said they wanted to buy Fay Lake and build a park there; he told them the County had to go back out to the electorate and ask them if they wanted a reduction in their millage or buy the park; and the people elected to buy the park. He noted no one assumes that everything is negative; the County is buying $12 million in Sheriff’s cars; it normally comes out of operating funds; and there are also things that will occur that are positive. He stated $4 million for road resurfacing in Port St. John means the MSTU money does not have to be applied there; that is more free money for Port St. John, if there are no other projects, for reduction in millage; he is not disagreeing with anything anybody else said; but he wants to know the other side too. He noted a lot of people are not going to the other side because there can be pleasant surprises as well as negative surprises in life. Commissioner Carlson stated Ms. Dezendorf’s group is supposed to hear from the objective side. Ms. Dezendorf noted they did that.

Chairperson Colon stated she did not support the increase of the sales tax from the very beginning and has her own reasons why. Ms. Dezendorf noted she knows how the vote went.

Commissioner Pritchard stated he has always said that the sales tax issue has not been handled properly; one of the things that has been done that is improper is it is a wish list that exceeds the amount of money that is going to be available; the question becomes what is going to be funded and what is not going to be funded; and one of the reasons such a list was created was to get people to buy into it hoping the pool in Port St. John, the botanical gardens in Merritt Island, and a road here or there were going to be done. He inquired if there is not any money to do it, where does something fall on the project list.

Ms. Dezendorf stated if there is not any sales tax money, none of the projects are going to get done in a timely fashion.

Commissioner Scarborough stated he has been involved in two projects where the County went to the public with a referendum; he has not heard one complaint that the project he mentioned earlier was not wonderful; Port St. John did a senior center, park, and is now in the process of putting together the other project; and none of the projects are being abandoned or changed. He noted he does not have a problem with anything that has been voter-approved in North Brevard where the people have not said a job has not been well done; if there is a lack of credibility, he is not finding it; one may disagree whether the County spends $25,000 to maintain the TNR Program, but it is more of a policy decision; and staff and the A&E firms have come in at budget. He stated to say everything is going to work perfectly is impossible; he is proud of people like Chuck Nelson and staff for the number of hours they put in to make projects work under budget; and people are pleased. Commissioner Pritchard noted he is not talking about projects that have been done, but about the sales tax wish list and amount of money that is going to be available to do the list; people are being asked to vote on a list of projects not knowing whether their project is going to be eligible; it is obvious some Commissioners on the Board do not particularly care for Mr. Ellis; but he was elected Countywide as the Clerk of Courts and is the County’s chief financial officer. Commissioner Higgs stated Mr. Ellis is not the chief financial officer. Commissioner Carlson noted he would like to be. Commissioner Higgs stated Mr. Ellis is simply the Clerk of the Courts and the Clerk’s Office has responsibility for County Finance; and Finance pays the bills. Commissioner Pritchard stated the job description says Mr. Ellis is the chief financial officer. Commissioner Higgs stated the Charter defines what the Clerk’s responsibilities are.

County Manager Tom Jenkins stated he knows it is late, but things have been said that he feels compelled to provide a factual response to; the County did a referendum several years ago for one penny for one jail pod, which was not successful; when the referendum was established by the Board approximately two years ago at a budget workshop, the direction was to go forward into the community and identify what projects the community wanted to see included; some could choose to call it a wish list and others could choose to call it an opportunity for the community to provide their input to what should go into the referendum; and it depends on one’s perspective as to whether he or she thinks it is a wish list or vote-buying scheme, or an opportunity for the community to have a say as to what they believe should be included in the referendum. He noted comments continue to be made that there is not enough money in the program to fund the projects; a conservative estimate of the revenues that are going to be derived from the sales tax referendum for the County’s share over 20 years is $453 million; the Financial Advisor, who is an independent financial expert, has indicated those are conservative estimates; and it could easily be over $500 million. Mr. Jenkins stated the project amounts in total are less than the revenues that are going to be received; there is somewhere between $5 to $10 million in contingencies; the Financial Advisor also advises the County is going to raise close to $14 million in interest earnings on those monies while they are in its possession; and those are all additional revenues that get added into the total. He noted approximately 27% of the County’s project list is direct cash allocations not tied to a specific project scope, which means there is going to be less than $350 million for the project list that is specifically tied to construction projects that could be affected at some point and time, depending on when they are going to be built; the Board has the opportunity to do the bond issue, which would raise $200 million and consume approximately $13 million of the minimal $18 million a year the County would receive; it means it will get $5 million the first year and a higher amount the second year, etc.; and in subsequent years, a future board would have the ability to do a second bond issue if it chose to do so. Mr. Jenkins stated if the revenue estimates are conservative like the Financial Advisor says, it is possible that additional monies could be received sooner than initially anticipated, which would also speed up the projects; and that is the factual presentation on the revenue situation.

Commissioner Pritchard inquired would it be fair to say the cost of the projects would tend to increase as time goes by. Mr. Jenkins responded for approximately 75% that would be true because over 25% of the allocation is a direct contribution; and a little less than $350 million over 20 years would be spent for specific scope of projects that will be constructed. Commissioner Pritchard stated during the course of development of the projects, the costs would most likely escalate. Mr. Jenkins stated it is realistic to expect that over 20 years there will be an increase in construction costs as there have been in the past; and the revenue variables are there with contingency accounts and potential for significantly higher revenues.

PUBLIC COMMENT - BEA POLK, RE: STATUS OF MARINA PARK

Bea Polk inquired when will the Marina Park issue come back before the Board. Chairperson Colon responded staff will get the information as she cannot recall the date right now. Ms. Polk stated the people do not want the item pushed back; there is rumor that the issues will be worked out before it comes back to the Board; and the citizens want an open meeting. Chairperson Colon stated if there is not a time certain for the item, staff can discuss it with her to make sure there is one. Ms. Polk noted only a date was given and not a time certain. Chairperson Colon requested the County Manager find out the information.

PUBLIC COMMENT - JANICE SCOTT, RE: OPPOSING ONE-CENT SALES TAX

Janice Scott stated she opposes the one-cent sales tax referendum; if the County needed a tax increase for any reason, it should have justified why and not left a $453 million 20-year bond scheme up for grabs; the Cocoa Beach Area Chamber of Commerce is working very hard with its both past and present officers on their all-for-one promotion and being paid well for it, according to its campaign expense report; and it has also collected over $100,000 that it could have given the school or some other worthy cause contributed so far by many businesses. She noted of that, $7,500 has been donated by Forte McCauley; everyone remembers Forte McCauley from the recent $1 million profit in one day in the infamous landfill deal that has yet to be explained to the taxpayers; everybody obviously is getting on board with this; and she opposes the unseemly and perhaps illegal tactics used by the County’s schools who are sending notes home with grade school kids and making announcements at football games for individuals not to leave before they take a yard sign with them. Ms. Scott inquired who is paying for the expensive brochures; stated apparently public schools do not have to follow the same rules that everybody else does when they have to form a pact and disclose to the public who is investing in these things; all the brochures have no disclaimer on them; and the schools have a spending problem, not a funding problem. She noted the amount of money being spent by schools in this campaign is a perfect example of that; the citizens of Brevard County want accountability and public disclosure; the problem with the list is that nobody knows what they are voting for; and if the people vote for the one-cent increase and the referendum passes, the money can be moved around and used for anything. She stated if the County felt it needed extra money for parks or anything, it should have been clearly spelled out; the grabbers are big businesses; all sorts of special interests are now trying to get on the bandwagon for a big piece of the tax pie; the Board has the responsibility to sort everything out before it goes to the ballot; and it is not responsible to the municipalities for their millage. Ms. Scott noted municipalities set their own millage; Cocoa Beach does not need any more money; there should be a tax reduction in Cocoa Beach due to the increase in property tax revenue again this year; the whole idea was pretty ill-conceived; and many people who oppose the tax do not have deep pockets and cannot write off the thousands of dollars of contributions for expensive signs that a lot of business people are going to do that are involved in this. She stated she supports voting no on the one-cent sales tax now; perhaps the Board should think it over and bring it back next year; and she hopes the next time the County wants to put something on the ballot that it will put the Save Brevard referendums on to slow growth, limit the density, and prohibit filling what is left of the wetlands.

PUBLIC COMMENT - JOAN WHEELER, RE: STATUS OF MARINA PARK

Joan Wheeler stated her understanding of the vote on October 7, 2003 concerning Marina Park was that the item was going to come back on October 28, 2003; and inquired why the item is not on the advanced agenda, and did the Board vote another time to change the time of when the issue would be on the agenda. Commissioner Scarborough commented no.

Ms. Wheeler stated when the Board requests an opinion that has legal ramifications, she would expect it to ask the County Attorney and not a department head or supervisor; if the County Attorney is not sure of the question, he can always go to the Attorney General to get an opinion on things that are going on in Titusville; there is an Interlocal Agreement that some people claim the County cannot do anything with; however, it had a referendum, the City agreed to it, and she believes the City does not have the right to prohibit the project. She noted when the County gets an opinion from somebody that is not in the law field, it is receiving false information; and inquired has anybody called the Attorney General’s Office on having to obey what the City wants. She stated if the County is going to have a one-cent sales tax and projects it is going to pay for in the City, it does not have to bow down to the City; it can compromise itself when a compromise is good; but giving in is not the same thing as compromising; and the County should not be giving in to the City for every demand it wants. She noted she does not want the bond issue to be spent in the City.

Commissioner Higgs read provisions from the Constitution of the State of Florida for Ms. Dezendorf, as follows: “Where not otherwise provided by County Charter or Special Law approved by the vote of the electors, the Clerk of the Circuit Court shall be the ex-officio Clerk of the Board of County Commissioners, auditor, recorder, and custodian of County funds.” Ms. Dezendorf stated she was trying to tell everyone here that not every person associated with the County supports the tax; when Mr. Ellis spoke to her Association, his concerns were the same as Commissioner Pritchard’s; and her membership wanted to know if something different could be done. Commissioner Higgs noted she was responding to Ms. Dezendorf’s statement of who is the chief financial officer; and Mr. Ellis is the auditor and holder of funds.

APPROVAL, RE: LETTER TO FEDERAL LOBBYIST

Commissioner Pritchard stated when Guy Spearman’s Contract first came up, he said he was not adverse to getting a letter from Eddie Pauley, who is the County’s federal lobbyist, to find out what his effectiveness of services have been; he wants to hold Mr. Pauley accountable and wants to know what the County has received for the dollars it has invested; recommended the Board request the County Manager write a letter to Mr. Pauley and ask him how well he is doing and what the County has gotten for its bang on the buck.

Commissioner Higgs inquired when was Mr. Pauley hired; with Commissioner Pritchard responding January or February 2003. Commissioner Higgs suggested the County at least give Mr. Pauley one year. Commissioner Pritchard stated Mr. Pauley already went through the session; with Commissioner Higgs responding the session is not over.

Chairperson Colon stated Mr. Pauley has already been sending feedback and she has read things from him.

Commissioner Scarborough stated it is extremely difficult; there are certain things that line up; he had Highway 50 four-laned and other roads were not paved; Bud Gardner was in a very powerful position; and he cannot say Mr. Gardener did it, but the stars line up in certain ways. He noted nobody does it alone, but it is the connectivity of multi-forces; Bob Allen had a whole group of people on the Transportation Finance Committee have a special meeting in Titusville, and Roy Bridges also attended; there are moments things happen and certain people help make it happen; and the falling out of Messrs. Allen and Spearman is not good for the County. He stated it is extremely difficult, unlike hiring a person to sew a dress or cook a meal; in the political process, it is a lot of dynamic things; and it is the whole energy, interest, and intellect.

Chairperson Colon stated Commissioner Pritchard can make the request to Mr. Pauley himself. Commissioner Pritchard stated if he makes the request himself he is going to end up with the same non-answers he received earlier. Commissioner Scarborough stated he will second the motion if Commissioner Pritchard makes it. Commissioner Pritchard noted the County is paying money to see something; he does not want someone taking credit for the sun coming up tomorrow morning; and he would like to know when Mr. Pauley’s star was lined up.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to authorize the County Manager to send a letter to the federal lobbyist requesting information on his accomplishments. Motion carried and ordered unanimously.

APPOINTMENT, RE: TOURIST DEVELOPMENT COUNCIL

Chairperson Colon stated yesterday she was at a homeowners association meeting in Palm Bay; Mayor Ed Geier, City of Palm Bay, brought to her attention that he was told at the last minute he was supposed to be confirmed in regard to sitting on the Tourist Development Council (TDC); he was appointed by his City to sit in that capacity; and he wants to make sure it is on the record today. She inquired if anybody has a problem with the City of Palm Bay having that representation tomorrow at the TDC’s meeting.

Commissioner Higgs noted the City’s Mayor has been attending the TDC meetings.

The Board acknowledged that Palm Bay Mayor Ed Geier was appointed to the Tourist Development Council.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 9:12 p.m.

ATTEST:
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JACKIE COLON, CHAIRPERSON
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
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SCOTT ELLIS, CLERK

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