March 4, 2003

The Board of County Commissioners of Brevard County, Florida, met in regular session on March 4, 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 Minister Christopher Taylor, Mt. Olive Greater AME Church, Merritt Island, Florida.

Commissioner Susan Carlson led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the December 3 and 17, 2002 Regular Meeting Minutes. Motion carried and ordered unanimously.

REPORT, RE: ROY BRIDGES, DIRECTOR OF KENNEDY SPACE CENTER

Roy Bridges, Director of Kennedy Space Center (KSC), stated since the Columbia accident, KSC has been recipient of a great outpouring of support from the community; he appreciated the presence of the Board at the memorial service held at the shuttle landing facility; there has been support for the Columbia crew, KSC workforce, and the nation’s space program; and there have been posters, cards, letters, flowers, banners, quilts, afghans, blankets, ballgame tickets, circus tickets, and pallets full of popcorn. He noted a lot of people have shown their support by visiting the Astronaut Memorial Foundation’s mirror where the astronauts, who have given their all, are memorialized; it is located inside the grounds of the Visitor Complex; and people have laid flowers, said prayers, and meditated, showing respect in their own way for those who have given their all for the exploration of space, both with the recent tragedy, as well as in ages past. He stated the community and the nation are passionate about the Space Program and have demonstrated their support in this time of loss; and expressed appreciation to the Board and community for the outpouring of support on behalf of all the people of National Aeronautics and Space Administration (NASA). Mr. Bridges advised there are approximately 250 people from KSC out in the field in Texas recovering parts from Columbia; there are four base camps; all of the parts found are being transported to a hangar at KSC where they are being reconstructed to help pinpoint the cause of the accident; and he recently returned from a visit to Texas, where he spent some time in the field with the people handling the job. He stated the conditions there are difficult; the weather is cold and wet; the briars are Texas-size and ferocious; and the 250 people are joined by about 5,000 other people, primarily from the U.S. Forest Service, and other federal and State agencies, such as Federal Emergency Management Agency (FEMA) and Environmental Protection Agency (EPA). He noted individuals are working before dawn until after dark and living in primitive conditions; all of the work, as well as in-depth engineering analysis and tests are all being done to support the Columbia accident investigation team, which is an independent team led by Admiral Gammon; and a facility has been rented on Merritt Island for the Official Accident Investigation Board so it has a place that is separate from KSC for its deliberations that are particularly sensitive. Mr. Bridges stated job one for KSC is to help the Investigation Board find the cause of the Columbia mishap so the problem can be fixed and NASA can return to flight as soon as safely possible; there have been safety stand downs before, numbering from a couple of months to a couple of years; the objective is always the same, find the problem, fix it, and fly again as soon as possible; and there are a lot of peripheral issues being discussed that the Board may read about. He noted KSC’s focus is on finding the problem, fixing it, and fly again, rather than other issues; KSC is driven because it has people in orbit on the International Space Station (ISS); it has a mandate from its civilization to continue to build a space station and let it achieve its full potential, as well as the general mandate to explore space; and there is a lot of speculation going on. He stated one item of speculation is about the economic impact at KSC; clearly in the short term, everyone is busy as they are all working; KSC’s workforce has been supplemented by involving other federal agencies in the investigation; and it is continuing to process the Shuttle and the payloads in hopes of getting back to flight as early as late next summer. Mr. Bridges stated KSC is making plans for flying the Shuttle out to as long as 2020; there is a major conference this month that will be addressing issues and a program that needs to be established for safety purposes for the long term; there are a lot of other signals that KSC is in the business for the long term that should be of some reassurance to the citizens of Brevard County; and last week, KSC broke ground on a new five-story office building in the Shuttle processing area to replace a trailer park it used since the beginning of the program. He noted KSC is processing two large rovers that will land on Mars next January; they will be launched in May and June 2003 on Delta II rockets; there are other robotic payloads in progress now; and there are a total of four that will be launched between now and the end of June 2003. He stated KSC is hard at work on the orbital space plane, which is a new program; it is a ship that will compliment the Russian Soyuz and providing a lifeboat for astronauts on the Space Station; it will allow KSC to increase the crew size on the Station so it can reach its full potential; and KSC expects to be flying the vehicle before the end of the decade. Mr. Bridges stated he is often distressed about things he reads in the newspaper and sees on television concerning the Space Program, its policies, and the accident investigation; it is discouraging when the information is erroneous or misleading; the comments are destructive in their affect on the community and workforce; and they are detestable. He noted there is nothing he can do about it, except to let time and the investigation into the truth of the matter go to its full course and to support it; KSC wants to find out what happened more than anybody else; since everyone is human, it is likely that there was some human error and some misjudgment that caused the mishap; and it is almost universally the case in mishaps. He stated the cause of the accident needs to be found and fixed, and then move forward with the new knowledge of what went wrong; there is no conspiracy to do anything, except find the truth of what happened and to get on with things; the Board and community can help KSC by ignoring what they read, unless it comes from the Official Investigation Board; and it is releasing the truth and doing it as soon as it can. Mr. Bridges noted as a former astronaut, he knew the risk of flying aboard the Challenger when he flew in 1985; when there was the accident, he told his family it was his full intent to be on the next crew; so he knew the risks and flew anyway, just as the seven astronauts aboard the Columbia understood the risks and yet wanted to serve their nation. He noted the astronauts want people to mourn briefly and it is done out of respect for them; but then they want everyone to move forward and get on with the business of exploring the open space frontier; and he cannot say it any better than President Bush said it in his comments at the memorial service in Houston, Texas, as follows: “This course of exploration and discovery is not an option we choose. It is the desire written in the human heart where that part of creation seeks to understand all creation.” Mr. Bridges introduced Deputy Director of KSC Jim Kennedy; stated Mr. Kennedy is a native of the area and graduated from Cocoa Beach High School; he started his NASA career as a co-op student at KSC; and he went on to do great things in the Space Program, most recently having been the Deputy Director of Marshall Space Flight Center in Huntsville, Alabama. He noted he is fortunate to have Mr. Kennedy and his wife Berni in the community joining with him in leading the KSC workforce.

Jim Kennedy stated he has been at KSC for four months; General Roy Bridges is loved and respected by the entire workforce at KSC, which includes about 1,800 civil servants and 12,000 contractors; and KSC needs the leadership that Mr. Bridges provides, especially during these difficult times following the Columbia disaster. He noted he came to Brevard County 50 years ago; at that time, there were no houses to live in; his father worked at KSC and they lived at Patrick Air Force Base as the County was not a community to call home; he loves Brevard County and it is great to come home; and he and his wife have settled in Cocoa Beach and consider it an honor to be a part of the community. He stated a core value at KSC is teamwork; he has never seen people pull together in a time of need like they have for the Columbia disaster; and it is an honor to be a part of the team that considers the Space Coast home. Mr. Kennedy expressed appreciation to the Board for all it is doing for the community.

Chairperson Colon stated the Board and community are here for Mr. Bridges and the NASA family; they are extremely proud of the work they have done; and any time Mr. Bridges needs to speak to the community, he can come to the Board and give a word of encouragement for the community.

Commissioner Carlson welcomed Mr. Kennedy; and stated it is great to have someone with the same heart as Mr. Bridges. Commissioner Carlson noted Mr. Bridges did not mention the status of the Space Station as far as occupancy; and potentially the Shuttle will fly again next summer. Mr. Bridges stated KSC is making plans to be able to support a flight as early as late summer, assuming that whatever the cause of the mishap was could be fixed quickly; KSC is in good shape on the Station for about one year, using resources of the Russian Space Agency in the interim; it has an uncrewed ship it calls “Progress”, which goes up on a Soyuz rocket periodically to supply fuel, food, and other consumable items and spare parts, as well as its Soyuz; and KSC uses it as a lifeboat and it can also be used as a crew transport vehicle. He noted normally the Soyuz is used for the taxi crew that visits for a week, leaving the new Soyuz behind and taking the ship that has been on Station for about six months; but in the interim, KSC will use the ship to transfer the crew on the Station now; and they will probably come down on the Soyuz when the new crew arrives in April or May, 2003. Commissioner Carlson stated she went to Florida Institute of Technology’s (FIT) Life Sciences building and met some of the scientists that had their experiments on the Shuttle; and inquired about the status and recovery of the experiments. She noted it is her understanding that some experiments were recovered and others were completely destroyed; and it meant so much to the community in terms of the scientific end of things. Mr. Bridges stated KSC is still gathering the comprehensive statistics on how much of the experiments were recovered; the experiments that were done and could be monitored by data sent to the ground are real time; that was the essence of the experiment; and all of them survived as the data was shipped to the ground. He noted those experiments that depended on getting specimens back from the Shuttle were lost; there are some experiments in the debris; some experiments are intact and some are not; and samples from experiments intact are being returned to the principle investigators as they are recovered.

Commissioner Pritchard stated there has been so much rumor and innuendo as to what could have been done to save the Columbia, including it could have gone to KSC or the orbiting space lab, and another shuttle could have performed a rescue; the Columbia was not equipped for any of it; and in a report he saw yesterday, it would have taken the amount of fuel in the solid rocket booster to have gotten the Columbia to the orbiting space lab. He inquired is there any contingency that is going to be built into future launches to avert something like this from happening again. Mr. Bridges responded KSC is going to look at the mishap in light of having the Space Station on orbit now as a place to seek refuge at least for a short time and preserve life; the number one thing is to go to some place to get time to assess what happened and see what can be done; it is where the miracle of Apollo 13 came true as the astronauts were able to retreat into the Lunar Lander as a lifeboat until people could figure out how to get them back to Earth safely; and anytime that option is available, it needs to be used. He noted the Columbia mission was done in an orbit quite different from the Space Station; competent engineering people assessed the issues of having some foreign object potentially damage the tile on the Shuttle and made a judgment call with regard to whether or not there was a safety issue for this particular flight; and they did not believe it was an issue. Mr. Bridges stated now that the accident has happened, such judgment and all the analysis that led up to it will be completely investigated; but if there were errors made, it was not an error of arrogance or any other sentiment like that; KSC goes to great lengths in the program to look into every single thing that happens and tries to make good judgments about it; and had it believed there was a safety problem, it would have been exploring every potential thing it could have done before the landing on the first of February 2003. He noted KSC is going to go back over all that ground and see where it goes; and in the future, if there are things that can give other options that can buy time, KSC will implement those kinds of things.

Chairperson Colon stated the County will wait for the report to come out; and expressed appreciation to Mr. Bridges for his presentation.

REPORT, RE: ST. JOHNS RIVER SUMMIT

Commissioner Carlson stated she will provide a report to the Board on March 18, 2003 concerning the St. Johns River Summit and the working group that was put together last Friday.

REPORT, RE: FUEL PRICES

Commissioner Pritchard stated gas prices are going out of sight; and requested staff provide an interim report on the affect that increased fuel prices are going to have as part of the County’s budgeting criteria. He noted everyone is going to be impacted by such prices; and he wants to make sure the County is on top of it and its budgeting is handled appropriately.

REPORT, RE: POTENTIAL ANNEXATIONS

Commissioner Pritchard stated a City/County Summit was held on February 21, 2003; one of the primary issues discussed was potential annexations; an action item he undertook was to have a meeting of the various municipalities that would have opportunity for potential annexation; and such meeting will be held on March 19, 2003 at the Clarion Hotel on Merritt Island. He noted the meeting will be for informational discussion only; annexation is not eminent; he does not want any rumors to start to that effect; and such meeting is to find out what the cities would like to see in their destiny. He suggested the other Commissioners send staff persons who may wish to attend; a comprehensive report will be provided at the end of the meeting; such report will be discussed at a future meeting; and a more formal meeting can be held once the information is gathered. Commissioner Pritchard stated there will be no decision-making at the meeting; and reiterated the meeting is to provide information to be acted on at a future date.

Commissioner Higgs stated some people in the unincorporated areas have uneasiness about where the discussions may be going; while such discussions are with the cities, the people feel their homes and properties may be impacted; it is her understanding that the discussions are Commissioner Pritchard’s with the municipalities and not at the direction or conclusions of the Board; and at the time Commissioner Pritchard deems it appropriate, he will bring it as an item to the Board. Commissioner Pritchard stated when the annexation issue was discussed at the Summit, he proposed that the County needed to find out where the cities were coming from; and that is why he is getting the cities involved with at least a portion of County staff. He noted County Manager Tom Jenkins and Planning and Zoning Director Mel Scott will be at the meeting to help direct the discussion; and Commissioner Higgs is correct that the meeting is not an action of the Board, but an issue that was raised at the Summit; and he took it upon himself to organize the meeting to better provide information at a future date. Commissioner Higgs noted citizens who live in the unincorporated areas abutting the cities are welcome at the meeting; and they can contact Commissioner Pritchard’s office for further information. Commissioner Pritchard stated that is fine; the discussion will be between the County and the cities; there may be opportunity for public input; but at this point, there is no move for annexation; and it is why he wanted to bring up the issue now so that people will not become concerned that their area of unincorporated Brevard County is going to be annexed by whatever municipality may be looking toward that territory down the road. Commissioner Higgs noted those individuals who have concerns can attend the meeting, but they may not participate in the discussions. Commissioner Pritchard stated if there is opportunity there may be time for participation, but the meeting is only two hours; the cities are to provide some ideas as to where they would like to go with their destinies of the municipality; it may or may not include annexing any area; and there should not be any fear on the part of the community that their unincorporated area is going to be annexed. He noted the towns that currently exist, but are not incorporated, may or may not become incorporated areas; and the meeting is only to find out whether or not the issue is relevant and what the cities have in mind in terms of providing services. Commissioner Higgs stated her intent would be to respond to those people in the unincorporated areas who have asked questions and may be concerned about annexations; they can attend the meeting to understand what is going on; they need to make their concerns known to their Commissioners as well; and they need to feel welcome in the process and not excluded from it. Commissioner Pritchard stated the individuals are invited in the same fashion as they were for the Summit, where they were in the audience, but the discussion occurred between the cities and the County representatives. Commissioner Higgs noted she understands that; but in some people’s minds, it is not giving them a place at the table. She inquired about Sunshine issues if Commissioners’ staff attend the meeting. County Attorney Scott Knox responded as long as such staff is acting only in the capacity of staff there is not a problem.

Commissioner Pritchard stated the public always has a place at the table; it is why representatives of the public are going to be there at a future meeting when the issue comes back for full discussion; reiterated the proposed meeting is only an information gathering session; and when the issue comes before the Board, and it decides what it wants to do at that point, it will have a meeting with public involvement. He noted the process will be lengthy and may take a couple of years; and the meeting on March 19, 2003 is only the initial step. Commissioner Higgs stated it is appropriate from the beginning that the people whose properties are impacted are not only part of a viewing audience, but active participants; these are their homes, businesses, and properties; they are directly affected; and they should have a seat at the table as soon as possible and not only recipients of information.

Commissioner Carlson stated she appreciates what Commissioner Pritchard is doing; she also appreciates Chairperson Colon and City Manager of West Melbourne Mark Ryan for organizing the Summit; they did a great job; and some positive things came from it. She inquired does the County have a report back on the outcomes from the Summit; stated there was an action list; and discussion included enclave policies, etc.

County Manager Tom Jenkins responded he sent an e-mail to the Board, which summarized the action items from the Summit, including focusing on joint planning agreements with the cities; he suggested that Commissioner involvement in getting such agreements approved would be beneficial; the other issue was enclaves; and he proposed that the Commissioners work on the enclaves, which may entail Commissioners meeting with city councils or the mayors to see if there is concurrence from the residents and to discuss the pros and cons. He stated a lot of the annexation issues will be resolved if the County focuses on the agreements and enclaves.

Commissioner Carlson noted the purpose of the proposed meeting is to understand what the cities are interested in defining as their particular boundaries; with Commissioner Pritchard responding that is correct. Commissioner Pritchard stated it is time to clearly identify the areas that the cities are viewing as potential annexation areas; it does not mean it is going to happen anytime in the immediate future; but he does not want to see municipal head-butting down the road over service areas or land annexation areas.

Commissioner Carlson stated the report Commissioner Pritchard is going to bring back could come to a workshop forum; and the Board can discuss anything further. Commissioner Carlson inquired will the Board have a legislative intent on the enclave policy at some future date. Mr. Jenkins responded the items need to be done on a case-by-case basis; he suggested the Planning and Zoning Office meet with each Commissioner about their Districts and discuss the enclaves; and it may require a one-on-one interaction between the two elected officials and residents of the areas. Commissioner Carlson stated she is also talking about an enclave as a developable piece of property; if the County has a policy that defines whether or not the enclave is developed after the fact or before, it is being more proactive than what Mr. Jenkins is talking about; and she would like to see a policy come from the discussions of the Summit, which is to define an enclave.

Chairperson Colon expressed appreciation to Commissioner Pritchard for taking the baton and going with it; and stated she is sure the citizens will definitely have an opportunity to give feedback.

REPORT, RE: RECEPTION AT BAYSIDE LAKES

Commissioner Pritchard stated the City of Palm Bay held a reception for him at Bayside Lakes last Friday night; and expressed his appreciation to the City. He noted Bayside Lakes is a beautiful community; and he was given a nice tour of it.

REPORT, RE: SAMPLE THE ARTS

Commissioner Carlson requested Fran Galey, Executive Director for Brevard Cultural Alliance, discuss a couple of events that are occurring with Sample the Arts.

Fran Galey stated Brevard Cultural Alliance is having a small fund-raiser this month called “Artscars”, which rhymes with “Oscars”; it is a takeoff on the Academy Awards; and it is to honor Brevard’s stars, people from different arts groups and community groups who have done outstanding jobs who have been nominated by their organizations. She noted the fund raiser will be held at the Imperial Hotel at Wickham Road and I-95; invitations are being sent; and anybody can call the Alliance’s office at 690-6817 if any information is needed.

REPORT, RE: CITY/COUNTY SUMMIT

City Manager of West Melbourne Mark Ryan stated Rafael Montalvo with Florida Conflict Resolution, who moderated the City/County Summit, has been tasked to help prepare a final report from the event; a debriefing will be scheduled with the committee that planned the Summit; and a second summit will be held in the Fall.

REPORT, RE: CITY/COUNTY SUMMIT

Chairperson Colon stated there are Commissioners stepping up to the plate and doing things that were encouraged at the Summit; it is important for the cities and Board to meet; and she will be meeting with the City of Melbourne concerning the enclaves and will share the outcomes with the Board.

Commissioner Scarborough stated the Summit was well done; Jim Ward has been working with the City of Titusville staff for a long time on joint participation agreements (JPA); once the agreement is in place, it will put the area to rest; he would like to see a commitment to the JPA process; and how a JPA is viewed by different municipalities takes on the character of the municipality. He noted in the City of Titusville, the JPA is the definition of roads and when they are transferred; with an annexation, the City is leaving the roads with the County; and the County needs to continue to pursue the JPA route. Mr. Ryan concurred with Commissioner Scarborough’s comments; stated the JPA’s and geographic overlays are a major vehicle Brevard County can utilize to solve some of the issues; Dr. Lance Dehaven Smith was correct when he indicated in the Summit that such tools are not being utilized in the County; and it needs to be done to improve the situation. Commissioner Scarborough expressed appreciation to Mr. Ryan for his efforts. Chairperson Colon stated the commitment is there from the cities and city managers; there is new leadership throughout Brevard County; and the communication is on track. Mr. Ryan stated communication is vital; trust has to be built between the municipalities and the County; talking with one another builds the trust; and the cities are present to help facilitate that and move on to make Brevard County a great place to live and work. Commissioner Pritchard expressed appreciation to Chairperson Colon and Mr. Ryan for putting the Summit together; stated he hopes the County and cities can hold another summit soon; and it may be something that needs to be done on a biannual basis. Mr. Ryan stated the second summit is right around the corner; it is being targeted for the Fall; it will be with the School Board to talk about school capacity and school concurrency; and such issues are important to Brevard County.

REPORT, RE: ITEM PULLED FROM CONSENT AGENDA

Chairperson Colon stated Item III.B.4., Amendment No. 2 to Agreement with Department of Environmental Protection, Re: Harry T. and Harriette V. Moore Memorial Park, is being pulled from the Consent Agenda as there are speaker cards on the item.

RESOLUTION, RE: RECOGNIZING CROSSWINDS YOUTH SERVICES

Commissioner Pritchard read aloud a resolution recognizing and congratulating Crosswinds Youth Services for its outstanding work and dedication.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution recognizing and congratulating Crosswinds Youth Services for outstanding work by its dedicated board, staff, business partners, and volunteers resulting in countless young people throughout Brevard County changing their lives for the better. Motion carried and ordered unanimously.

Jan Lokay, President and CEO of Crosswinds Youth Services, expressed appreciation to the Board for the Resolution; stated it means a great deal to Crosswinds and the community; and thanked the Board for its continued support of Crosswinds over the years and the Board of Directors of Crosswinds for its strong leadership. She noted the Board has made a lot of investments into the organization; it has helped Crosswinds build Brevard’s new children shelter and provided a modular building with 16 units, which houses the Resource Center on the campus; and the Board’s support has been a testament to the value it places on children and families in the community. Ms. Lokay further expressed appreciation to the community for its support of Crosswinds.

Commissioner Pritchard presented the Resolution to Jan Lokay, and Crosswinds Board members Jack Parker, and Shannon Wilson-Farmer.

RESOLUTION, RE: COMMENDING PAM MICHAUD AND ASSEMBLY LINE ANGELS

Commissioner Pritchard read aloud a resolution honoring and congratulating Pam Michaud and the Assembly Line Angels for their dedication as outstanding volunteers for Cape Canaveral Hospital.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution honoring and congratulating Pam Michaud and the Assembly Line Angels Beverly Kolcum, Shirley Gerhart, Beverly Petri, Kay Leo, and Pat Carrier for their devotion and dedication as outstanding volunteers for Cape Canaveral Hospital staff and patients. Motion carried and ordered unanimously.

Pam Michaud stated the Hospital Auxiliary gives her the money to buy the materials and the Assembly Line Angels come to her house and make the bears; the bears are made all year long for Cape Canaveral Hospital; Operation Rainbow was a special project that was started 32 years ago by a doctor in Texas who saw the need for children in underprivileged countries who were not being taken care of; and the doctors and nurses were volunteers. She noted there are bake sales and garage sales to make the money; the volunteers pay their own way and find their accommodations when they get to their locations; the doctors perform plastic surgery and orthopedic surgery on children; and over 7,000 children have benefited. She stated the volunteers also teach the doctors and nurses in the host countries so they can carry on after the volunteers come back to America; teams all over America are doing this; volunteers from Cape Canaveral Hospital have been going to El Salvador for four years; last year she was told the Hospital could not take the bears anymore because there were only 60 of them and it upset the children who did not receive bears; so she and the Assembly Line Angels made 220 bears, which is why she received the Jefferson Award. Ms. Michaud and the Assembly Line Angels presented bears to the Board.

Commissioner Pritchard presented the Resolution and angel pins to Pam Michaud and the Assembly Line Angels.

Ms. Michaud stated Sue Parise, who is in charge of Operation Rainbow at Cape Canaveral Hospital, is having a bake sale on March 14, 2003 to raise funds; and the Board is invited to attend.

DISCUSSION, RE: TIME CERTAIN

Chairperson Colon stated a request for time certain was given for 9:30 a.m. for Walter Pine concerning Americans with Disabilities Act (ADA) requirements; however, she does not see him here; and she wanted to put on the record that it is now 10:07 a.m. and Mr. Pine was the first time certain.

RESOLUTION, RE: PROCLAIMING KIDS AND SENIORS WEEK

Commissioner Higgs read aloud a resolution proclaiming the week of March 15th to 22nd 2003 as Kids and Seniors Weeks in Brevard County.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution proclaiming the week of March 15th to 22nd, 2003 as Kids and Seniors Week in Brevard County, Florida, and expressing appreciation to the Sheriff’s Department, the leadership team, and the United Way in recognizing the importance of building this intergenerational approach and community awareness initiative that will benefit both seniors and children to improve their quality of life by providing invaluable resources. Motion carried and ordered unanimously.

Sheriff Philip Williams stated the individuals share an understanding that has been eye opening; there are many challenges and solutions for seniors and kids; March 15th to 22nd will give the County and other leaders the opportunity to visit the different venues and events to recognize the tremendous need for kids and seniors; and the solutions may be closer at hand than anyone envisioned as the individuals began to talk and work together.

Rob Raines, United Way CEO, encouraged the Board to attend the activities as its schedule permits.

Commissioner Higgs presented the Resolution to Sheriff Philip Williams and Rob Raines.

RESOLUTION, RE: RECOGNIZING EAGLE SCOUT JACK BERGSTRESSER III

Commissioner Higgs read aloud a resolution recognizing and commending Eagle Scout Jack Bergstresser III.

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to adopt Resolution recognizing Eagle Scout Jack Bergstresser III and offering him congratulations and hopes for a successful future. Motion carried and ordered unanimously.

Jack Bergstresser stated he joined the Boy Scouts 13 years ago and finally achieved the highest rank he wanted to get to; scouting is a great organization; and encouraged children to get into scouting as soon as possible. He expressed appreciation to his parents and the Board for honoring him.

Commissioner Higgs presented the Resolution to Mr. Bergstresser.

RESOLUTION, RE: RECOGNIZING EAGLE SCOUT SEAN WHITAKER

Commissioner Higgs read aloud a resolution recognizing and commending Eagle Scout Sean Whitaker.

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to adopt Resolution recognizing Eagle Scout Sean Whitaker and offering him congratulations and hopes for a successful future. Motion carried and ordered unanimously.

Sean Whitaker stated the Boy Scouts has been a great experience for him; and encouraged every parent and child to get involved in Boy Scouts and Girl Scouts as it builds leadership in the community.

Commissioner Higgs presented the Resolution to Mr. Whitaker.

RESOLUTION, RE: PROCLAIMING IRISH AMERICAN HERITAGE MONTH

Commissioner Pritchard read aloud a resolution proclaiming the month of March 2003 as Irish American Heritage Month in Brevard County.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution proclaiming the month of March 2003 as Irish American Heritage Month in Brevard County. Motion carried and ordered unanimously.

Fran Galey expressed appreciation to the Board for the Resolution; and invited anyone of Irish American heritage to join the men of the Ancient Order of Hibernians. She noted there is also an auxiliary for women for the Ancient Order of Hibernians; and there will be St. Patrick’s Day parades on March 17, 2003.

Commissioner Pritchard presented the Resolution to Ms. Galey.

Chairperson Colon stated March 17th is a special day for her as it is the day she came to the United States from Ecuador.

APPROVAL OF REQUEST FROM ROBERT RILEY, RE: CREATION OF FLAG AND
EASEMENT LOTS

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to approve creation of two flag lots and two easement lots along with one lot accessing Centrel Avenue for a total of five lots, as requested by Robert Riley. Motion carried and ordered unanimously.

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVAL, RE: WICKHAM ROAD
EXTENSION

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to grant final engineering and preliminary plat approval for Wickham Road Extension, subject to minor engineering changes and the developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: HAMPTON PARK, PHASE 3

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

CONTRACT WITH THE VIERA COMPANY, RE: IMPROVEMENTS IN HERON’S LANDING
SUBDIVISION, PHASE 2, UNIT 7

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to execute Contract with The Viera Company for improvements in Heron’s Landing Subdivision, Phase 2, Unit 7. Motion carried and ordered unanimously.

WAIVER OF BUFFER WALL REQUIREMENT AND OFF-STREET LOADING SPACE, RE:
MADISON SQUARE OFFICE BUILDING

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to waive the buffer wall requirement of Section 62-3204(g)(4)(g) along the west property line of the Madison Square Office Building and one off-street loading space requirement of Section 62-3206(e)(12). Motion carried and ordered unanimously.

PERMISSION TO FILE INJUNCTION, RE: BREVARD COUNTY V. KEITH R. JOHNSEN
FOR CODE VIOLATION

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to grant permission to file an injunction on behalf of Code Enforcement against Keith R. Johnsen for a continuing and recurring violation of Brevard County Code Section 62-2117(c)(1), Case Number 03-0027 by parking commercial vehicle in residential area. Motion carried and ordered unanimously.

REVIEW AND ACKNOWLEDGE INVOLUNTARY ANNEXATION REPORT BY CITY OF
WEST MELBOURNE, RE: SYLVAN ESTATES SUBDIVISION

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to acknowledge the involuntary annexation report by the City of West Melbourne involving the 77-acre Sylvan Estates Subdivision along the south edge of Sheridan Road. Motion carried and ordered unanimously.

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

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to approve the project funding recommendations as prepared by the Technical Advisory Committees for Impact Fee Benefit Districts 3, 4, 5, 8, and 9, and the North, Central, and South Mainland Impact Fee Benefit Districts; authorize execution of Budget Change Requests required to implement project appropriations in FY 2002-2003 and budget for excess cash forward; and authorize the Chairperson to execute Disbursement Agreements with the Towns of Indialantic and Malabar and the Cities of Satellite Beach and West Melbourne. Motion carried and ordered unanimously.

APPROVAL, RE: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT
APPLICATION

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to execute Notice of Intent to rely on the State-issued National Pollutant Discharge Elimination System (NPDES) general permit for stormwater management. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING RESIDENTIAL DRIVEWAY INSPECTION FEES

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to adopt Resolution revising residential driveway inspection fees. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: EXPORT AVENUE

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to approve installation of two speed humps on Export Avenue in Port St. John at an approximate cost of $2,255. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: OPAL AVENUE

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to approve installation of three speed humps on Opal Avenue in Port St. John at an approximate cost of $3,302. Motion carried and ordered unanimously.

APPOINTMENTS, RE: COMMUNITY ACTION BOARD

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to approve appointment of eight representatives to the Community Action Board, as follows: David Paterno, Yvette Torres, Fannye Faye Johnson, and John Anderson as public sector representatives; and Juanita Barton, Tony Boyles, Clara Smith, and Yvette Caruthers as private sector representatives. Motion carried and ordered unanimously.

AGREEMENT WITH COMMUNITY SERVICES COUNCIL, RE: SHARED COST PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to approve award of $50,000 to the Community Services Council; and execute Agreement with the Community Services Council for provision of the Shared Cost Program to elderly citizens of the County. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: TURBOSHAFT ENGINE OVERHAUL

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to grant permission to solicit bids for the overhaul of one helicopter turboshaft engine and award the contract to the lowest responsible bidder. Motion carried and ordered unanimously.

EXECUTION OF JOINT COVER LETTER WITH JACKSONVILLE DISTRICT OF THE ARMY
CORPS OF ENGINEERS, RE: FINDINGS AND RECOMMENDATIONS OF THE
INDEPENDENT COASTAL EXPERT STUDY

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to authorize the Chairperson to sign a joint cover letter with the Jacksonville District of the Army Corps of Engineers regarding the findings and recommendations of the Independent Coastal Expert Study. Motion carried and ordered unanimously.

AWARD OF BID #B-2-03-39, RE: LANDFILL COMPACTOR

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to award Bid #B-2-03-39, to Al-Jon, Inc. for one landfill compactor for the Solid Waste Management Department. Motion carried and ordered unanimously.

RESOLUTION, RE: QUALIFYING AMERICAN MEDICAL PROCESSORS AS A QUALIFIED
TARGETED INDUSTRY

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to adopt Resolution qualifying American Medical Processors as a qualified targeted industry business. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING TAX EXEMPT COMMERCIAL PAPER LOAN FOR
SHERIFF’S HANGAR FACILITY AT MERRITT ISLAND AIRPORT

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, authorizing the borrowing of not to exceed $225,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the terms of the Loan Agreement in order to finance a portion of costs for the construction of a new hangar/office facility for the Sheriff’s Aviation Unit, including the reimbursement of certain costs incurred by the County in connection therewith, if any; authorizing the execution of a loan note or loan notes to evidence such borrowing and agreeing to secure such borrowing with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the Loan Agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. Motion carried and ordered unanimously.

MEMORANDUM OF AGREEMENT WITH ASTROTECH SPACE OPERATIONS, INC., RE:
FLORIDA DEPARTMENT OF TRANSPORTATION GRANT FOR SPACEPORT
CORRIDOR MODIFICATION

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to execute Memorandum of Agreement with Astrotech Space Operations, Inc. to subcontract the requirements of the State FDOT Transportation Outreach Program grant to Astrotech and authorize request for reimbursement to the State FDOT; and authorize necessary budget amendments as required. Motion carried and ordered unanimously.

APPROVAL, RE: POLICY BCC-29, TRAVEL

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to approve Policy BCC-29, Travel, in accordance with Policy BCC-31, Sunset Review of Programs, Services, Ordinances, and Regulations. Motion carried and ordered unanimously.

APPROVAL OF WORKERS’ COMPENSATION CLAIM SETTLEMENT, RE: LORI
RAULERSON

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to approve the negotiated settlement of the Workers’ Compensation Claim of Lori Raulerson inclusive of a guideline attorney’s fee. Motion carried and ordered unanimously.

EXECUTION, RE: PROPERTY DAMAGE RELEASES FOR ENGINE 20 AND SCAT UNIT
#9626

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to execute Property Damage Releases of $73,855 for Engine 20 and $584.33 for SCAT Unit #9626. Motion carried and ordered unanimously.

ACKNOWLEDGMENT OF TERMINATION OF LEASEHOLD INTEREST, RE: SPACE
COAST HOSPITAL SERVICES, INC.

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to execute Acknowledgment of Termination of Leasehold Interest with Space Coast Hospital Services, Inc., providing that Brevard County no longer has any leasehold interest in the real property owned by the Hospital. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to reappoint Izeal Battle, Leartis Brothers, Reverend Melvin Chatman, Jimmy Jackson, Betty Wells, and Zola White, and appoint Gayle Ceasar, replacing Delmar White, to the Cocoa West Community

Center Advisory Committee, with terms expiring December 31, 2003; and appoint Patty Goffinet to the Recycling Citizens Advisory Committee, with term expiring August 31, 2003. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

AMENDMENT NO. 2 TO AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL
PROTECTION, RE: HARRY T. AND HARRIETTE V. MOORE MEMORIAL PARK

Clarence Rowe, Chairman for Harry T. and Harriette V. Moore Homesite Complex, stated the Complex is located in Mims; and requested the Board make a written request to the Legislative Delegation on extension of the Grant to complete the project. He stated the engineering and construction drawings are completed; all necessary permits have been gathered and secured; within the next six to seven days, site preparations will begin; and requested the extension be granted to March 31, 2004. He noted it is estimated it will take nine to 12 months to complete the project; and requested a one-year extension with the support of the Legislative Delegation.

Commissioner Scarborough expressed appreciation to Mr. Rowe; stated the County committed to acquire the land and the Grant was approved; and the Moores played a role before there was a recognition. He noted the home site exists in the community; and it would be tragic to lose the capacity to have the memorial.

Leroy Smith stated he moved to Brevard County in 1959 after having served in the United States Army and finishing college; he taught school here until 1995; the Moores’ daughter attended the same college he did when the tragedy happened; and he was a member of the committee that created a home site foundation, which has the intent of raising additional monies to help with the project. He noted the committee developed a request for a 501C(3); he gave most of the monies to enhance completion of the park; and expressed appreciation to the Board for its support.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Amendment No. 2 to Agreement with Department of Environmental Protection, amending project completion date for the $700,000 Legislative grant for Harry T. and Harriette V. Moore Memorial Park; and authorize the Chairperson to write to each member of the Brevard Legislative Delegation and Lobbyist Guy Spearman to do all they possibly can to ensure the money is not lost. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING UNNAMED RIGHTS-OF-WAY IN
SECTIONS 21 AND 28, TOWNSHIP 29S., RANGE 38E. AND IN FLORIDA INDIAN
RIVER LAND COMPANY SUBDIVISION - ATLANTIC RIDGE CORPORATION
AND RNR PROPERTIES

Chairperson Colon called for the public hearing to consider a resolution vacating unnamed rights-of-way in Sections 21 and 28, Township 29S., Range 38E. and in Florida Indian River Land Company Subdivision, as petitioned by Atlantic Ridge Corporation and RNR Properties.

Commissioner Higgs stated there were objections from staff on the item; and inquired if the issues have been resolved.

Transportation Engineering Director John Denninghoff responded staff had a concern, but it has been resolved; and there are no objections to the item.

Commissioner Carlson stated there was discussion about vacating right-of-way that might have impact on the Greenways and Trails Master Plan, and inquired if the issue has been resolved; with Mr. Denninghoff responding affirmatively.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Pritchard, to adopt Resolution vacating unnamed rights-of-way in Sections 21 and 28, Township 29S., Range 38E. and in Florida Indian River Land Company Subdivision, as petitioned by Atlantic Ridge Corporation and RNR Properties. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS
(S. WREN CIRCLE) IN BAREFOOT BAY, UNIT 2, PART 10 - BAREFOOT BAY
PROPERTIES, INC.

Chairperson Colon called for the public hearing to consider a resolution vacating public utility easements (S. Wren Circle) in Barefoot Bay, Unit 2, Part 10, as petitioned by Barefoot Bay Properties, Inc.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution vacating public utility easements (S. Wren Circle) in Barefoot Bay, Unit 2, Part 10, as petitioned by Barefoot Bay Properties, Inc. Motion carried and ordered unanimously.

The meeting recessed at 10:32 a.m. and reconvened at 10:45 a.m.

PUBLIC HEARING, RE: ORDINANCE CREATING PARKWAY DRIVE WATERLINE MSBU

Chairperson Colon called for the public hearing to consider an ordinance creating Parkway Drive Waterline MSBU.

PUBLIC HEARING, RE: ORDINANCE CREATING PARKWAY DRIVE WATERLINE MSBU

Harold Kemper expressed concern of the cost to him for the Municipal Service Benefit Unit (MSBU); stated Deerwood Trail, tried to have the same type of proposal; there was an equal amount per homeowner; and it was turned down as there was not 75% of the homeowners for the MSBU. He noted several people in his area are being asked to pay $12,000, which he is one of them; some people in favor of the MSBU are developing their properties; he has owned his property since 1973 and built on it in 1982; and it is five acres with one home on it. He stated is not fair to have one person on the street paying a little over $1,000 for the water rights and people paying over $12,000 plus an additional $940 for hookup fee; it is going to cost him approximately $13,000 to get water; and requested the Board have a fair way of doing the MSBU. Mr. Kemper stated of the people who voted for the MSBU, there are 13 people who would pay less than $2,600; another eight people would pay under $3,400; eight individuals would pay over $10,000; and Mr. Thompson would be paying $50,000. He noted he is in favor of having the water, but the County needs to come up with a better way to spread the cost.

Eleanor Bergdon stated she wrote a letter when she first received information on city water; she lives on U.S. 1 where city water is available; and expressed concern with the inconsistency in assessments of city water in different areas. She noted on the east side of U.S. 1, city water will be $518; she lives across the street on the river and her assessment is $3,969; she does not mind and is glad to have city water there; and in 1975, she and her husband were fortunate enough to buy property on Parkway Drive. She stated they purchased two five-acre parcels of land; and inquired how can they say “yes” to city water on Parkway Drive that is going to cost them $19,069.80 for two lots. Ms. Bergdon noted they have road frontage of 474 feet; and inquired why is the County charging by the acre instead of by how much it costs for the pipe to run in front of the houses. She stated the assessment is inconceivable; she and her husband own one lot on Deerwood Trail; they received a letter saying the County wanted $4,478.29 for city water, but it was not approved; and when the County did not get approval on Deerwood Trail, it lowered the price per acre to $2,577, which made it more reasonable for a lot of people who have one acre. She advised of her objections to the assessments for the MSBU; stated she and her husband donated one acre to the County for the road as Parkway Drive was a dirt road when they purchased the property; their water assessments could possibly be $23,039.30; and the assessment is unreasonable. Ms. Bergdon inquired who does the assessment and how can they charge people different assessments.

Marcia Chapman stated if she is assessed $5,000 for city water she is going to have to move as she cannot afford it; she does not understand how one person can pay $1,000 and another pay $43,000; and she needs more information. She suggested the Board hold an evening meeting on the issue for additional representation by the residents on Parkway Drive.

Finance Manager Greg Pelham stated the County received a petition from several residents in the area requesting it review the possibility of bringing city water to such area; staff went to an outside engineering firm and had it provide the County a preliminary cost estimate on how much it would cost to get the waterline extended to the area; once the cost estimate was received, staff sent out a survey request to all affected property owners within the area asking them if they were interested in having city water run to the area, detailing what their portion of the cost of the project would be, and asking them to respond in a yes or no fashion to gauge what the interest would be. He noted once all responses were received, there were 55 property owners of 73 who voted in favor of the project at the proposed cost; and staff is bringing the ordinance to the Board for its consideration. Mr. Pelham stated as to the method of allocating the cost, staff prefers to use a per lot basis; it tries to use it in all instances where there is uniformity of lots in the benefit area; generally they are all the same size; on the south side of Parkway Drive, most of the lots are the same size in acreage; and on the north side of the road, the lots vary in size from less than one-half acre to a 22-acre lot. He noted those lots create a disparity in the amount of length that has to be run for the pipe; and staff believes a square acreage basis on the lots in question would be a more realistic and equitable way of allocating the cost to the benefit area. He stated there is one lot over seven acres that is in the process of being divided into three smaller lots; and Mr. Kemper has on file and recorded in the Public Records a survey that splits his lots into three separate lots, two flag stem lots and a front lot on Parkway Drive.

Commissioner Carlson inquired why does the County not charge based on linear foot frontage and cost of putting the pipe in at the front of the house. Mr. Pelham responded there are several options available, front footage, square acreage basis, and per lot basis; front footage is the same thing as doing it on a square acreage-type basis where the lots are fronting the property; in the case where there are two flag stem lots that are of one acre in size and a third lot fronting Parkway Drive, the majority of the cost would be borne by the one lot that has front footage on the road; and when staff took all the aspects into consideration, it felt it was a more equitable way using a square acreage than a front footage basis for allocating the cost. Commissioner Carlson stated there are a lot of small lots; there is a certain level of equity distributed; and inquired if staff utilizes a linear equation, it would come up with the same numbers. Mr. Pelham responded it is in the same ballpark; in Ms. Chapman’s case, on a square acreage basis she is being assessed $5,154; and on a linear foot basis, her assessment would be increased to $7,100. Commissioner Carlson stated 75% of the property owners were in favor of the project, 15% were opposed to it, and 10% did not respond; and inquired was staff able to receive any response from the 10%. Mr. Pelham responded negatively, and stated staff considered the 10% a no-vote in the process.

Johnnie Masaris stated she is a property owner on Parkway Drive and is in the process of building a home; while she understands the opposition, the assessment is over a number of years; and the money will come back to the property owners many times over on the value of their properties. She noted she has been a resident of Brevard County for 17 years and has always had city water; she wants the high quality to continue; people with wells do not receive the same quality as people with city water; and she realizes she will need to put in a water chlorinator and water softener. Ms. Masaris stated she is still willing to pay the future fees in order to get city water; and requested the Board adopt the proposed ordinance.

Commissioner Carlson requested staff describe how the fees are assessed over time. Mr. Pelham responded once the fees are assessed, the property owners have three options on the repayment; they can pay the full amount once the project is finalized with no interest charges; they can elect to take up to 10 years to pay the fee in annual installments of 1/10th of the assessed amount plus interest; or they can make payments on it for five years and make a lump sum payment to pay it off at that time.

Commissioner Higgs inquired is there a hookup charge to the utility on top of the charge for the waterline. Mr. Pelham responded the City of Melbourne will charge a fee for hooking up to city water and the homeowners will also have the cost of extending a private waterline from the waterline the County puts to the residences. Commissioner Higgs noted the costs represented are to put in the major waterline for hookup; with Mr. Pelham responding that is correct. Mr. Pelham stated there is no requirement that makes the homeowners have to connect to the waterline at this time; even though the County puts the waterline in, the homeowners can choose not to hook up to the waterline at this particular time; but the property owners are still assessed for their portion of the cost for putting the waterline in. Commissioner Higgs inquired is staff’s estimate on the project cost of $427,000 based on bids or the engineering estimate; with Mr. Pelham responding the preliminary engineering estimate. Commissioner Higgs inquired has staff broken down the costs for the Board in terms of number of buildable units or front foot. Mr. Pelham responded staff has a calculation on a per lot and front footage basis; and it will provide the calculation to the Board. Commissioner Higgs noted she does not recall the County using this type of methodology before; the vote was close with the 75%; and perhaps the Board needs to review the methodology to be comfortable.

Commissioner Carlson stated she does not have a problem reviewing the methodology; and inquired is the preliminary engineering estimate normally how the County assesses in these circumstances and what are the chances of the number increasing. Mr. Pelham responding the assessment is based on a preliminary outside engineering firm’s best estimate on what the cost is going to be; historically, the County has had only two projects that have come back and gone over that amount; and the Ordinance requires if the amount increases, staff has to come back to the Board. He stated the County has had at least 15 MSBU’s in the past three years; all but two of them have come in under what the preliminary assessment was; and some have come in as much as $1,000 per property owner less than the preliminary assessed value.

Commissioner Carlson suggested the item be brought back after lunch with the additional data and information for the Board to make a final decision.

Chairperson Colon noted the item will be heard again at 1:00 p.m.

PUBLIC HEARING, RE: ORDINANCE AMENDING BAREFOOT BAY WATER AND
SEWER DISTRICT SERVICE AREA BOUNDARY

Chairperson Colon called for the public hearing to consider an ordinance amending the Barefoot Bay Water and Sewer District Service Area Boundary.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Pritchard, to adopt an Ordinance of the Brevard County Board of County Commissioners amending Section 98-181 of the Code of Ordinances of Brevard County, Florida as modified by Brevard County Ordinance No. 99-51 pertaining to the Barefoot Bay Water and Sewer District; modifying the boundary of the District; providing for ratification; and providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 22 TO ADD SIX TRADES
TO CONTRACTOR LICENSING

Chairperson Colon called for the public hearing to consider an ordinance amending Chapter 22 to add six trades to Contractor Licensing.

James Stroda expressed concern with the repercussions to the general public in regulating six trades; he is a door installer; he does not do new construction, but maintenance and repairs; his work is mostly for commercial purposes; and under the residential aspects of the licensing, he is going to be required to pull permits for every door he installs in someone’s home. He stated it is going to cost the homeowner a tremendous amount of money; a one-half day job will be turned into two days since permits will have to be pulled; and he is for people being licensed, but a lot of people will not pay the prices that go along with hiring someone who is licensed. He noted he does not want the fly-by-night people to be able to underbid him; he does not want it to get to where the homeowner cannot afford to hire a licensed contractor; the County will be putting a regulation on an installer who has been in the business for years; and the homeowner will not pull a permit, but go to Home Depot, purchase the door, and install it themselves. Mr. Stroda stated people working without a license will still not get a license; and it is going to cost him his business in the long run when those individuals do not pull the permits.

Onnie Massey, Licensing Regulation and Enforcement, stated the window and door trade is State-mandated; and the minimum requirement was either State certified or locally certified contractors to replace existing doors and windows for residential dwellings. He stated staff attended two State contractor licensing board meetings; and Home Depot would not sell the handyman exterior doors or windows.

Commissioner Pritchard stated sometimes with the best of intentions it ends up being more of a problem than it does a solution; he empathizes with Mr. Stroda; the County wants to make sure the work is being done by people who are professionals and not operating out of the trunks of their cars; and the cost is ultimately passed on to the consumer. He noted what would have become the one-half day $300 door becomes the full day $450 door, including the permit fee; he supports licensing the trades, but the fees charged for certain permits are out of line; and the permit fee process needs to be reviewed. He inquired what is the permit fee for installing a door; with Mr. Massey responding he is not sure, but it is minimal. Commissioner Pritchard stated it cost the contractor time and the permit fee; the consumer ends up paying for all the protection the County is providing; he does not want to see more people operating out of the trunks of their cars and circumventing the process; and that is what is going to happen. He noted the County is trying to hold people accountable so the consumer has someone to go to should something go wrong with the installation; the Department of Professional Regulation and Licensing can pull the licenses of persons who still continue to operate out of the trunks of their cars; and it is a cyclical series of events that does not improve the situation and it spirals downward. He stated he is in favor of licensing the trade so there is professionalism in doing the work; the County needs to review the fee side of it and not look at it as a revenue; it needs to review the enforcement side and the application it is having on the residents in terms of shoddy workmanship by people who have no desire to become licensed as there is no enforcement activity against them; and the Board needs to address it.

Commissioner Higgs inquired what happens to somebody who is an unlicensed contractor who may be doing work without a license. Mr. Massey responded when the person is caught doing the job that requires a license, staff issues a $250 citation on the first offense; the second offense is $500; and staff consults with the County Attorney on whether or not to go through the State Attorney on the third offense. Commissioner Higgs stated staff had a meeting and invited people in the business; and requested Mr. Massey explain who was invited, how many people attended, and the outcome. Mr. Massey responded staff sent out approximately 4,000 flyers to all occupations who would be involved in the six trades; the Contractors Licensing Board met in the Commission Chambers; there was in excess of 218 people present; and there were 40 speakers in favor of the six trades and three people opposed. He noted those individuals opposed to the proposed ordinance were concerned about the fees for permitting and insurance. Commissioner Higgs inquired can securing a permit for a replacement door or window and most building permits be handled by fax; with Mr. Massey responding affirmatively. Mr. Massey stated permits can also be handled via on line.

County Manager Tom Jenkins requested staff clarify how many of the trades are being mandated by the State of Florida. Mr. Massey responded four trades are being mandated, including the electrical sign contractor, limited energy systems contractor, storm shutter contractor, and window and door contractor. Mr. Jenkins noted for Building Code compliance and contractors licensing, whatever fee revenues are received stay and fund the departments; it is not an outside revenue; such revenues are not in the General Fund for other use; and if the permits are sufficient, the County is able to have more inspectors.

Commissioner Carlson inquired what happens if a citizen goes to Home Depot and asks it to install an exterior door, does the County license Home Depot. Commissioner Higgs responded Home Depot contracts out; with Mr. Massey responding that is correct. Commissioner Carlson inquired will Home Depot only deal with licensed contractors; with Mr. Massey responding affirmatively. Mr. Massey stated a homeowner can buy windows or doors at any time for self installation.

Commissioner Scarborough stated he understands the windows and doors are mandated, and inquired are structural exterior doors the concern as opposed to interior doors; with Mr. Massey responding affirmatively. Commissioner Scarborough inquired would it be acceptable to insert the word “exterior” on page 13 of the ordinance to read, “Window and door contractor means any person or firm qualified and certified by the board to perform any work to install exterior wood or metal windows and doors”; with Mr. Massey responding affirmatively. Commissioner Pritchard stated to say he has a passion about this is to put it lightly; one of the things that got him involved when he came here was dealing with someone who did not have a license; it was a paper chase that he took to State Attorney Norm Wolfinger and Jacqueline Dowd at Department of Regulation; and there was nothing that could be done. He noted the individual was building homes and subdivisions without one certificate that gave him permission to do so; to say the County has the ability to do something does not mean a thing as it is not doing anything; a $500 or $1,000 fine is no big deal as the people are not going to pay it; and there is no agency that is going to come down and take the individuals to jail. Commissioner Pritchard stated the people also do not have insurance or a single thing, except a slight ability to do construction work, operate like a gypsy, and take people’s money; and those are the people that need to be incarcerated. He noted the money that goes to the Building Department is revenue; whether it is General Fund or not it does not matter as money is money; and when the funds for permit fees goes to the Building Department, the money does not come out of General Fund. He stated he hears nothing but complaints about the County’s permitting process; it needs to be addressed; the one-stop shop does not work; and it is not an effective process.

Mr. Stroda stated he is not opposed to being licensed, but is opposed to pulling a permit every time he has to do a job; he can change someone’s front door as long as he does not pull the jamb out; the doors at Home Depot do not fit in a lot of the older homes; and the bottoms of the door frames in most of the newer homes within a six-year period are rotting out. He noted the problem is that the doors were not treated properly when they were installed and the products are shabby; he has to make sure the doors meet wind Code and wind loads; he has to pull a permit if somebody wants a new door on a 20-year old home; and if someone wants fancy glass in their front door, he has to make sure he or she has a contract with a licensed shutter installer before he can install the door if it does not meet wind load requirements. Mr. Stroda stated windows also have to be tested for impact.

Chairperson Colon stated the mandates and certain regulations by the State are beyond the County’s control; and the fee may be the only flexibility the County has. Mr. Jenkins noted Mr. Stroda has concerns about the Code requirements; with Mr. Stroda responding he is concerned about the fees, permitting, and inspections. Mr. Stroda noted he can follow the Code as well as anybody else; and inquired how is the County going to enforce the fly-by-night people to keep them from putting him out of business. Mr. Jenkins stated staff drives around the neighborhoods; if they do not see a building permit, they know someone is not licensed; and they stop and check the situation. He noted when somebody gets a permit, the County verifies if he or she is a licensed contractor; it is important to keep the permit revenues within the appropriate County agency so it can continue to expand its inspectors; and that is one reason for the permit fee, in addition to compliance with the Code standards.

Commissioner Carlson inquired is there any place in the process to catch whether or not developers are using licensed individuals to do their work besides looking for the boards on properties that have the basic permits. Mr. Massey responded the investigator checks it out when he goes to a job site and gets information from individuals on the site; and after the information is gathered, the investigator calls the Building Department to see if a permit has been issued or if one has been applied for. Mr. Jenkins noted Building Code Compliance Department also checks to see who the contractors are when the drawings are submitted. Commissioner Carlson stated the County is doing everything it can to make sure there are licensed contractors on the job; the proposed ordinance covers all the bases; there are State mandates due to all the significant issues throughout the State and communities; and it is the reasoning for having the ordinance.

Commissioner Scarborough stated without some degree of licensing, the County is going to have worse problems; reiterated it is a State mandate; and he would move the item, including the word “exterior” on page 13.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt an Ordinance of Brevard County, Florida, specifically amending Chapter 22, Article VI, Divisions 1 and 3, Code of Ordinances of Brevard County, Florida, specifically amending Section 22-477, Definitions, adding definition and scope of work of new trades, electrical sign contractor, floor covering contractor, floor covering with tile, marble and terrazzo contractor, limited energy systems contractor, storm shutter contractor, and window and door contractor; providing for grandfathering, eliminating grandfathering for framing/carpentry, excavating, masonry, and swimming pool finishing subcontractor; eliminating flooring and tile, marble and terrazzo from specialty contractors; specifically amending Section 22-529, Classes of Certificates of Competency, adding electrical sign contractor, floor covering contractor, floor covering with tile, marble and terrazzo contractor, limited energy systems contractor, storm shutter contractor, and window and door contractor; providing for codification and renumbering; providing for conflicting provisions; providing for area encompassed; and providing for an effective date, as amended to insert “exterior” on page 13.

Commissioner Pritchard stated he does not oppose the licensing requirement, but he has a problem with the permit side; the fly-by-night person he dealt with has been sued numerous times in surrounding counties; he is back now working on a job on Merritt Island; and people like that have to go. He noted this individual has no certification; being a glib con-artist is not qualification to be an engineer or architect; people like that should be thrown in jail; everybody else is paying for it; and he received a telephone call from someone who is out $400,000 due to this certain individual, but nothing will happen to him.

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

Motion by Commissioner Pritchard, to direct staff to provide a report to the Board concerning an enforcement arm behind the County’s regulatory process that will include severe penalties, and how the permit processing is working.

Commissioner Pritchard inquired if 30 days is enough time for the report. Mr. Jenkins responded staff would like to convene a working group to review the one-stop permitting process, which may take more than 30 days.

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

The meeting recessed at 11:36 a.m. and reconvened at 1:01 p.m.

PUBLIC HEARING, RE: ORDINANCE CREATING PARKWAY DRIVE WATERLINE MSBU

Commissioner Carlson requested staff explain the additional information provided to the Board.

Mr. Pelham stated staff provided two handouts to the Board; the first handout includes the property owners, the properties they own, sizes of the properties, square footage, cost breakdown per property owner under the proposal before the Board, calculation costs based on the front footage methodology, and the detail on per lot basis. He noted the second handout is a history of some of the MSBU projects staff has done over the years with the cost and methodology used to assess various property owners within the projects.

Commissioner Carlson inquired has a majority of the MSBU projects been done per lot; with Mr. Pelham responding it varies on a per lot or front footage basis. Mr. Pelham stated square footage has been used on two occasions. Commissioner Carlson advised the first handout describes the Parkway Drive waterline, the owner’s cost if it were a determined by lot size, the front footage, and comparison of the two; and the front footage methodology would be a higher cost to each lot owner. Mr. Pelham noted it varies on some of the different lots.

Chairperson Colon inquired how many lots does Mr. Kemper have; with Mr. Pelham responding one lot. Chairperson Colon noted it was her understanding that Mr. Kemper has a few lots. Mr. Pelham responded according to the Property Appraiser’s records, Mr. Kemper has one lot; but within the Public Records there is a recorded survey that breaks the one lot into three lots--two flag stem lots with 25-foot easements and one rectangular-shaped lot. Chairperson Colon inquired would the cost be multiplied by three; with Mr. Pelham responding no, the Ordinance states the County has to base the assessment according to the Property Appraiser’s records. Mr. Jenkins stated Mr. Kemper would get the benefit of paying for one lot instead of three lots.

Commissioner Pritchard inquired did the letters sent out to the property owners mention the potential costs for each property; with Mr. Pelham responding affirmatively. Commissioner Pritchard stated he does not believe the methodology is fair to people who have five acres and intend to keep the property; they are paying a property tax based on the acreage; they are not going to use any more water than the one-acre lot; and those individuals are having to pay four times the price compared to some of the other assessments. He inquired is there a way to take into account that the 4.7-acre lot is a single-family residential home and has not been surveyed for multiple lots; and noted he has a problem understanding the justification on a house-by- house basis regardless of the size of the parcel.

Assistant County Manager Peggy Busacca stated in the past, where a lot has been able to be subdivided, sometimes the property owner will put a restriction on themselves to say that they will not subdivide the property now or in the future; and Mr. Kemper has created those lots through the County’s process, although they are not shown by the Property Appraiser. She noted Mr. Thompson has indicated his intent to subdivide in the future as he has done previously with an adjoining parcel; the Board’s concern about the ability of people to further subdivide their lot can be handled if the individual were to say in perpetuity they will not do that; it would have to be done voluntarily; and the County could go back and reassess. Commissioner Carlson inquired is there anybody that has not recorded their property as being assessed for the potential of multiple lots; with Mr. Pelham responding affirmatively. Mr. Pelham advised Mr. Thompson has a 22-acre lot, which is considered as one lot at this time; he has not initiated any paperwork to subdivide the lot; but he has stated the intent to do that. Mr. Jenkins stated anybody can later replat; and as long as someone has the legal potential to replat or subdivide the property, then it is an equity issue to the others.

Commissioner Pritchard inquired what is the smallest acreage in the area; with Ms. Busacca responding one acre. Commissioner Pritchard stated he is having a problem with the formula; it is an issue about water; and water is a consumptive use. Commissioner Higgs stated the property owners are paying for a pipe. Commissioner Pritchard stated the reason for the pipe is to provide a utility, which is water; there is “x” amount of area and “x” amount of house; the County is charging more for one person using this formula on the amount of square footage; and inquired what does it have to do with the potential consumptive rate of water coming through the pipe and how is he going to benefit from having one-tenth of an acre more than his neighbor. Commissioner Higgs stated she is not comfortable with the square footage methodology; she could have two houses on five acres and someone could have five houses; and because the square footage is the same, they are both paying the same. Commissioner Carlson noted the County is talking about actual access to get the water out there; it is infrastructure and everybody pays into the pot to get the water; then they are assessed additionally to take the water; and it is another equity issue when the city assesses everybody individually for receiving water if they so choose. She stated individuals pay additionally for the connection; everybody pays their fair share based on the square footage scenario; and it is what staff has derived to be the most equitable in terms of the cost to pay for infrastructure. Commissioner Higgs noted she is trying to figure out what is the equitable way to do it; she understands there are three potentials; and she is reviewing the numbers. Commissioner Carlson inquired what other models are out there to assess the value for infrastructure when retrofitting; stated it is difficult to retrofit and not have built the infrastructure ahead of time; the property owners will be able to sell their houses for a higher price as they now have city water going to them; and it is an added value. She noted the proposed formula is an equitable one; it may have some problems here and there; but overall, the area has wanted city water for a long time; and trying to put it in place is not always going to be easy. Commissioner Carlson stated the assessments are equitable. Commissioner Pritchard reiterated he is not comfortable with the formula. Commissioner Carlson stated she understands, but tries to look at the issue from all directions; in looking at property value, the owners are going to have to incur a cost to get city water; some of them do not want it, but a majority does; and if they decide to sell their property, they are going to gain the extra added value, which will pay them back for having to put out the money currently. She noted although the cost seems more than one would expect, down the road they will get a return on their investment. Commissioner Higgs stated the front footage formula seems to be a less equitable way to do it. Commissioner Pritchard stated water is a level equity; and one either has it or not. Mr. Jenkins noted water is a level equity, but if they have the potential to put four houses on their property, they have four times the equity. Commissioner Pritchard stated he is talking about all single-family lots. Mr. Pelham stated the smallest lot someone can have at this time is one acre; if all the lots were in the one to 1.5-acre range, the County could have gone with a per lot basis and been fine; but since there are some varying size lots in the area, the square footage formula made it the most equitable. Commissioner Pritchard stated 1.6 acres is $4,123; the property cannot be subdivided; two acres is $5,154 and the property could be subdivided, which decreases the amount of $2,577; and that is the part that does not work for him. Commissioner Higgs stated the square footage methodology encourages somebody with more than two acres to subdivide; and if someone has seven acres, it is going to encourage them to subdivide. Commissioner Pritchard stated having a flat rate utility and paying “x” amount for water in a house is so much per gallon; as a consumptive user, one is going to pay for the amount of gallons they use; here the County is having people pay for an amount of pipe that is based on the acreage of their property; and he does not see the correlation. He noted if they sell their property down the road and they have city water, there is an added value; but he does not believe the added value is whether they have one acre or 1.6 acres and paid $2,577 or $4,123; that part does not factor into it; and it is similar to overbuilding in a neighborhood and hoping to get the money out of it, which is not going to happen.

Commissioner Scarborough inquired when staff conducted the survey, did it only give the property owners one number; with Mr. Pelham responding affirmatively. Mr. Pelham advised the number was based on a square footage allocation. Commissioner Scarborough noted if the County uses another methodology, staff should conduct another survey; with Mr. Pelham responding that is an option. Commissioner Scarborough stated he would not want to vote on another option without re-polling. Commissioner Higgs noted while she might be uncomfortable with the square footage methodology, the front foot methodology does not seem satisfactory either; on the per lot methodology, the larger the lot the more benefit they get if they have not subdivided it; they can come back and subdivide the property; and the square footage methodology seems to be better than the other two methodologies. Commissioner Carlson inquired has this issue ever come up with this much exploration before. Mr. Pelham responded negatively; and stated the County has used the square footage methodology on two other projects in the mid to early 90’s.

Commissioner Scarborough stated the problem with the MSBU’s is that certain people are going to win and certain people are going to lose; nobody is going to get a perfect formula for every scenario every different way; if the Kempers wanted to reverse their transaction there are ways they could do it legally and enter into an agreement; and some methodology could be created. He suggested the methodology be built in by the Board with a window as opposed to trying to go back out with a totally new formula; and stated there may be less participation and a failure to come this close the next time. Commissioner Pritchard inquired what would happen to the assessments in terms of capability to subdivide. Ms. Busacca responded the City of Cocoa has told County staff it uses a weighted average of one-third per lot, one-third per front foot, and one-third per square foot area. Commissioner Carlson inquired has staff ever compared the City’s calculations to the County’s; with Ms. Busacca responding negatively as staff recently received the information. Commissioner Carlson inquired if staff could review what a comparison piece might be under the City’s calculation. Assistant County Manager Stephen Peffer stated there is a spreadsheet and staff could come up with the numbers fairly quickly. Commissioner Carlson noted if the County is using a different methodology, it needs to make people aware of it; and it would entail putting it out to the public and making sure they are in agreement. Mr. Jenkins stated staff may have to resurvey.

Commissioner Pritchard stated he is not adverse to having the new methodology applied to see what it looks like. Commissioner Carlson inquired how long will it take; with Mr. Jenkins responding staff can provide the numbers for the next meeting. Commissioner Pritchard stated the Board could have an option at the next meeting of either accepting the proposed methodology or notifying the property owners what the potential new assessment could be.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to continue the public hearing to consider an ordinance creating Parkway Drive Waterline MSBU to the March 18, 2003 Board meeting. Motion carried and ordered unanimously.

Chairperson Colon stated the item will be scheduled for a time certain at the March 18, 2003 meeting.

PUBLIC HEARING, RE: LEGISLATIVE INTENT FOR PROPOSED ORDINANCE
RELATING TO CREATING SPECIAL WATER AND SEWER DISTRICT WITHIN
UNINCORPORATED AREA OF BREVARD COUNTY

Chairperson Colon called for the public hearing to consider legislative intent for proposed ordinance relating to creating special water and sewer district within unincorporated area of Brevard County.

County Attorney Scott Knox stated he has discussed the proposed ordinance with most of the city attorneys representing cities that have both water and sewer facilities; he received proposals from several of the cities, which have yet to be incorporated into one ordinance, as such proposals were received late yesterday; and suggested the public hearing be continued for 30 days to allow staff time to put the proposals together and discuss them with the city attorneys after putting the draft ordinance together.

Commissioner Pritchard suggested the Brevard Water Supply Board review the proposed ordinance prior to the Board evaluating it; stated the Water Board requested the St. Johns River Water Management District fund a facilitator to assist the cities and County to resolve the issues relating to the ordinance; and he wants to make sure the parties to the ordinance have sufficient time to review it. He noted if it is going to take 30 days before staff has all the analysis completed, then the next meeting of the Water Board will be after staff’s review; and the Board could review the ordinance then. Attorney Knox suggested the Board continue the public hearing for 30 days as he can get the ordinance finished within one week. Commissioner Pritchard stated a Water Board meeting could perhaps be scheduled in two weeks.

Commissioner Carlson inquired what is the status on the Miami group; with Attorney Knox responding there has been no notification of any hearing dates that he is aware of. Commissioner Carlson inquired how is the County positioned if a hearing date is set up and it has not set any sort of policy or decided on anything. Attorney Knox stated the Board is better off with the ordinance adopted in terms of presenting a case against the Miami Group; it is the goal he would like to see pursued, if it is what the County is going to do; however, the Public Service Commission (PSC) has not given any notice of any hearings; and it could be this summer before the County hears anything. Commissioner Carlson inquired is there any heads up the County can get so if it is in a particular stage of review, it can push the calendar up to put itself in a better position. Attorney Knox responded he can try to contact someone to see if they can give him that kind of information; and the PSC is not going to have a hearing in the next 30 days.

Chairperson Colon inquired when will the ordinance come back to the Board; with County Manager Tom Jenkins responding April 8, 2003.

Commissioner Pritchard stated the purpose for the meeting of the Water Board will be to review the proposed ordinance with input from municipalities; and it can take action at that point.

Attorney Paul Gougelman, representing the City of Melbourne, expressed appreciation to the Board; stated the issue has become a good lesson in intergovernmental coordination; everyone is moving in the right direction; and the City is comfortable with the language that has been incorporated in the current version of the ordinance. He noted the City has no objection to the ordinance as it currently stands.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to continue the public hearing to consider legislative intent for a proposed ordinance relating to creating special water and sewer district within unincorporated area of Brevard County, to the April 8, 2003 Board meeting to incorporate suggestions from the cities. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE REVISING SECTION 62-102, PROVIDING
CONSISTENCY OF TERMS, AND AMENDING PROVISIONS FOR ISSUANCE
OF BUILDING PERMITS ON UNPAVED ROADS

Chairperson Colon called for the public hearing to consider an ordinance revising Section 62-102, providing consistency of terms, and amending provisions for issuance of building permits on unpaved roads.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt an Ordinance of Brevard County, Florida, amending previous Ordinance No. 01-33, which created provisions for the issuance of building permits on private roads, unpaved roads, ingress, egress easements, and flag stem/flag lots to public roads; providing waivers and appeals; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for consistency of terms; and providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE REVISING LPA MEMBERSHIP TO ALLOW
SCHOOL DISTRICT REPRESENTATION

Chairperson Colon called for the public hearing to consider an ordinance revising the Local Planning Agency (LPA) membership to allow School District representation.

There being no objections heard, motion was made by Commissioner Scarborough, to adopt an Ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Article II, Division 3; specifically amending Section 62-182 “Membership”; appointment and term of members”; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Code of Ordinances of Brevard County, Florida.

Commissioner Carlson inquired is the new School Board member going to have voting rights; with Planning and Zoning Director Mel Scott responding the Board has the ability to give the member full voting rights or just be an advisor.

Commissioner Scarborough stated the motion includes full voting rights.

Commissioner Carlson seconded the motion.

Commissioner Higgs stated when the Board first discussed the issue, she was in favor of the person being a full voting member; the School Board has determined to have a non-staff member be part of the LPA membership, so it appointed a citizen; she was under the impression that the idea was to get someone who could speak knowledgeably about many of the school issues in coordination with the School Board; and expressed concern by having the person as a voting member, it puts staff people from the School Board in a difficult position. She noted a citizen probably feels more comfortable voting like the rest of the citizens; but the uniqueness of having a School Board representative who is part of the staff and knowledgeable about all the complexities of the issues is what she understood the County was trying to get as opposed to another citizen. Commissioner Scarborough stated Dr. Bobay is the North Area Superintendent and serves on the North Brevard Parks and Recreation Board; he votes on many controversial issues; it does not restrain him; and his participation is most appreciated. He noted he has not seen a problem; and he would not see a problem with it in this situation either. Commissioner Higgs stated the School Board has selected a citizen, which will augment the other 10 citizens, with no foundation in some of the issues that are important. Commissioner Carlson noted she is not sure who is going to identify the person, and she is assuming it is the School Board. Commissioner Higgs stated it has drawn a name; the School Board member who drew the name then selects someone to be the representative for the year; and there is not going to be continuity of experience or professional background. Commissioner Carlson inquired is the School Board going to provide staff to answer questions at the Planning and Zoning (P&Z) Board meetings; with Mr. Scott responding it is not the intention at this time.

Commissioner Pritchard stated since it was the School Board’s decision on how to approve a member to the LPA and P&Z Board, it is its decision how it wants to do it; if it wants to have a citizen representative it feels is capable of performing as a voting member, he does not have a problem with it; and he supports the motion. Chairperson Colon noted she will support the motion also; and noted someone needs to be at the table from School Board staff who is knowledgeable of the issues.

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

PUBLIC HEARING, RE: REQUEST FOR DETERMINATION OF VESTED RIGHTS FOR
CAROL RAMSEY

Chairperson Colon called for the public hearing to consider a request for determination of vested rights for Carol Ramsey.

There being no comments or objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to approve request for vested rights determination to allow Carol Ramsey to construct a pool that encroaches five feet into the 15-foot setback adjacent to a public canal containing Class III waters. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST FOR DETERMINATION OF VESTED RIGHTS FOR
GUNTHER AND DEBORAH PHILIPS

Chairperson Colon called for the public hearing to consider a request for determination of vested rights for Gunther and Deborah Philips.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve request by Gunther and Deborah Philips for vested rights determination to allow a permit to be issued for a screened enclosure for an existing pool that is within the side street setback of property. Motion carried and ordered unanimously.

REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT
LIENS, RE: CASE #94-1233 AND CASE #98-3167, 314 IRIS STREET, COCOA

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve the Special Master’s recommendation to reduce the accrued fine for Case #94-1233 from $18,746 to $1,202, and Case #98-3167 from $1,082 to $480; and authorize staff to prepare and execute the release and satisfaction of lien upon receipt of payment.

Commissioner Higgs requested staff review the costs in the future to be sure the County is rightfully representing administrative and overhead costs; noted she does not see it reflected in the package; and such costs are real.

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

RESOLUTION, RE: AMENDING FEES FOR CONTRACTOR LICENSING

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt a Resolution setting forth amendments to the schedule of fees for the Contractor Licensing Section; adopting a schedule of fees for the application, examination, and renewal of electrical sign contractor, floor covering contractor, floor covering with tile, marble and terrazzo contractor, limited energy systems contractor, storm shutter contractor, and window and door contractor; providing for collection of fees; and providing for date fees are effective. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE, COUNTY DEED, AND PARTICIPATION
AGREEMENT, RE: FALK ESTATE PROPERTY

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize the Chairperson to execute a Contract for Sale and Purchase with the Falk Estate heirs, Brevard County, and the City of Rockledge, with environmental warranties stricken, for a 110-acre parcel known as the Falk Estate property; execute the Participation Agreement with the City of Rockledge; and execute Buyer’s Signature Sheet for the Contract for Sale and Purchase and County Deed. Motion carried and ordered unanimously.

APPROVAL, RE: SHIP AND HOME FUNDING FOR AFFORDABLE RENTAL HOUSING
FOR PERSONS WITH SPECIAL NEEDS

J. B. Kenna, Community Revitalization Programs, requested the Board approve the award of dollars to When In Need (WIN) Housing for $350,000; South Brevard Women’s Center for $150,000; and Angel Tree, which is North Brevard Charity Sharing Center, for $123,144 based on the recommendation of the Affordable Housing Council. He noted staff is further requesting the Board to approve the conditional award to Cinnamon Cove Phase II and Florida Health Care, Inc. to provide 160 units of housing in the City of Melbourne and 88 units of housing in the City of Titusville. He stated the two applicants will go to the State and compete for tax credit dollars to complete financing for the projects.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve allocation of $350,000 of SHIP funds to When In Need (WIN) Housing, $150,000 of SHIP funds to South Brevard Women’s Center, and $123,144 in HOME CHDO funds to Angel Tree as recommended by the Affordable Housing Council; take no action to approve $340,000 to Sonrise Haven; authorize the Chairperson to execute Contracts with the agencies, contingent upon approval of the County Attorney and Risk Management; and provide conditional approval of $150,000 each to Cinnamon Cove Phase II and Florida Health Care, Inc., to compete for Tax Credit funding. Motion carried and ordered unanimously.

APPROVAL TO ADD TO 2003 LEGISLATIVE REQUESTS, RE: OPPOSE LEGISLATION
TO ELIMINATE STATE AND LOCAL GOVERNMENT HOUSING TRUST FUNDS
AND REDUCE STATE HOUSING IMPROVEMENT PROGRAM (SHIP) AND STATE
APARTMENT INVENTIVE LOAN (SAIL) PROGRAM

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize staff to add to the 2003 Legislative Requests opposition to legislation eliminating State and Local Government Housing Trust Funds and reduction of SHIP and SAIL funds; and authorize forwarding the proposal to the Brevard Legislative Delegation and County Lobbyist Guy Spearman. Motion carried and ordered unanimously.

APPROVAL TO ADD TO 2003 LEGISLATIVE REQUESTS, RE: OPPOSE LEGISLATION
TO REDUCE OR ELIMINATE JUVENILE JUSTICE PREVENTION FUNDING IN FY
2003-04

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to authorize staff to add to the 2003 Legislative Requests opposition to legislation to reduce or eliminate Juvenile Justice Prevention funding in FY 2003-04; and authorize forwarding the proposal to the Brevard Legislative Delegation and County Lobbyist Guy Spearman. Motion carried and ordered unanimously.

APPROVAL TO ADD TO 2003 LEGISLATIVE REQUESTS, RE: OPPOSE LEGISLATION
TO SHIFT COSTS OF PREDISPOSITION, MISDEMEANOR ASSESSMENT/INTAKE
AND MISDEMEANOR PROBATION OF JUVENILES TO COUNTIES IN FY 2003-04

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize staff to add to the 2003 Legislative Requests opposition to legislation to shift costs of predisposition, misdemeanor assessment/intake and misdemeanor probation of juveniles to counties in FY 2003-04; and authorize forwarding the proposal to the Brevard Legislative Delegation and County Lobbyist Guy Spearman. Motion carried and ordered unanimously.

DISCUSSION, RE: PROPOSED LEGISLATIONS

Commissioner Higgs stated a proposed bill was filed by Representative Poppell called “The Right to Farm”; it takes away the power of county commissions to change zoning on agricultural property; and provided copies of the bill to the Board.

Commissioner Carlson inquired what is the intent behind the bill. Commissioner Higgs noted in South Florida, a development came in next to an agricultural establishment that was operating; as the development grew and became incompatible with the agricultural use, a commission removed the agricultural use; and the bill would prevent that from happening. She stated when she talked to Representative Poppell, he asked what else could be done that would address the problem other than the bill; and she is trying to come up with other suggestions. She stated taking away the right of county commissions to zone properties is a dangerous precedent. Commissioner Scarborough stated Representative Poppell explained the issue to him, but in a different way; it may be wise for staff to critique it, get with Representative Poppell’s office, and provide a memorandum to the Board; and he is confused after Commissioner Higgs’ comments.

Commissioner Higgs read the bill, as follows: “Except as otherwise provided in Section 487.051 and not withstanding any other law, including any provision of Chapter 125, a local government may not exercise any of its powers to adopt any ordinance, resolution, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit an activity of a bona fide farm or farm operation, or deprive any owner or operator of a full and complete use of lands and farm practices for the production of any farm product on land that is an integral part of a farm operation that is classified as agricultural and pursuant to Section 193, if such activity is regulated through best management practices or by any existing state, regional, or federal regulatory program.” Commissioner Scarborough stated it is conforming with what Commissioner Higgs said, but Representative Poppell explained to him that he was concerned about dual regulations and regulations at multiple levels and not having to jump through hoops twice; and he would still renew his request for staff. Commissioner Higgs stated she is not asking anyone to take any action on the issue today; she is totally supportive of agriculture as it is a wonderful industry; everybody wants to keep it; and the costs are better by having agriculture in Florida and not having to ship it from thousands of miles away. She noted it is not a reflection of lack of support for agriculture; and requested staff provide suggestions. Commissioner Scarborough stated what was drafted for Representative Poppell to submit may be different also; and suggested staff work on it as well.

Commissioner Higgs stated Debbie Wasserman-Schultz has introduced a bill that imposes a Statewide impact fee; the Board may be interested in it, as it would take away county commissions’ rights to do its own impact fees; and read the proposed bill, as follows: “A county, municipality, or school district may not levy an impact fee for the construction or remodeling of educational facilities . . .”. She noted the bill has been filed; and staff needs to keep an eye on it as the revenues are important, particularly in the transportation area.

DISCUSSION, RE: MARINA PARK

Parks and Recreation Director Chuck Nelson stated the City of Titusville has received a proposal from Jeff Gray on letterhead from Vectorworks, Inc., outlining information; Mr. Gray is looking to construct parking facilities adjacent to the southwest property sufficient for 200 vehicles; the Company would pay 100% of the cost for construction; and it would construct the stormwater facilities sufficient for a 60,000-square foot building to be built on Vectorworks’ property. He noted the Company would pay 100% of the cost for construction of stormwater retention and maintain it at its own cost; and under the interlocal agreement, the County would continue to maintain common grass and landscaped areas only. He stated staff has not had discussions with the City at this point in terms of its reaction to the proposal, as it was received yesterday; there are other questions staff would have on zoning issues, etc.; he has talked to Roy Crawford, head of the development group; and his approach would be to do the project as if it were a County one. Mr. Nelson noted when staff meets with the City, it would ask all the questions and begin the process; but at this point, the meeting has not been scheduled.

Bea Polk stated the taxpayers would like the issue to be finished and the County take responsibility for the referendum; the City never once told the public it was going to take anything away from Marina Park; the Board owes it to the taxpayers and voters who voted for the referendum to keep riverfront property; and the taxpayers have paid their taxes and do not see anything at Marina Park. She noted the committees are not meeting; the citizens do not know what they are getting; it is time the City understands when it makes a promise to the taxpayers to stand behind it; and there would be vested rights with the 200 parking spaces. She stated the citizens are afraid that the property will be sold with the parking spaces; the taxpayers do not want to lose part of their riverfront property; something is wrong; and it is time for the Board to make the decision and tell the Parks and Recreation Department to get permits and get started. Ms. Polk stated the people are getting restless; the County never told the people before they voted that it was going to give away part of the property; it needs to be honest with the taxpayers as it may want another referendum; and the property should never have been given away. She noted the City can come back and fight, but the taxpayers are tired of it.

Joan Wheeler stated Titusville City Council is supposed to give its staff direction at the next meeting; she is worried about what kind of information the Board is being briefed on when it is done so privately; everything she sends the Board and says is public record; and in reviewing the proposal, there is no way it could proceed without going through the Internal Improvement Trust Fund. She noted it is going to take some time; the vested rights issue raises questions; Vectorworks has had use of approximately 800 feet of Marina Road since 1996; and it wants to vacate the road to move the business further west. She expressed concern that Parks and Recreation staff reports to the North Brevard Parks and Recreation Advisory Board, which gives the Board its recommendations; stated when Mr. Nelson meets with City staff, she does not know what is being discussed; and she wants to be able to sit in on the Advisory Board meetings. Ms. Wheeler noted she wants to know what is going on behind the scenes.

Commissioner Scarborough inquired is the letter from Mr. Gray sufficient for Mr. Nelson to act on; and stated he was expecting to have a diagram or something more definitive. Mr. Nelson stated one of the considerations staff has had is whether it is designing a park and considering Vectorworks’ use, or is it designing the Company’s use and then considering the Park; staff has taken the approach that it is a park first; and if it can accommodate those needs, it would identify how it has done that. He noted if the City had given staff a plan, it would have been responding to the plan, which would have been extremely difficult; and it is a “Catch 22”; his preference would be not to tell him how to design the park around the Company’s need, but let him design it; and if he can meet that need, it would be brought back to the Advisory Board. Commissioner Scarborough stated the City originally wanted the County to move the ballfields to a different area of town, abandoning the whole project; if that is the case, another referendum should be held; it has now evolved into five acres; and inquired is the project going to harm the County with its park activities or is it shared parking and putting more money in the project for such parking and stormwater retention. Mr. Nelson noted he would like to be in a position to show the Board a professional park design based on what the referendum originally envisioned; he wants to start from square one, which is to design the park; then he can tell the Board if staff has been able to do that; and he would be uncomfortable getting another plan as there have been so many of them. He stated the prior plans have been done based on an industrial use versus designing the park; the question Ms. Wheeler raised about the City’s willingness to have public participation in the discussions, it has been resistant to doing that in terms of sitting down at the staff level and talking as it restrains their ability; and at times, staff to staff can get brutal with each other.

Mr. Nelson stated County staff is willing to allow the public to sit in during the meetings between the County and City staffs; however, he does not believe the City is willing to do it.

Susan Canada stated she submitted her proposal for Marina Park to the Board, County Manager Tom Jenkins, and the City; on the back of the proposal is a conceptual plan drawn by Parks and Recreation Department at the time of the referendum; she added three extra pavilions, one to the northwest corner, and two to the east; and there are some handicapped parking spaces along the northwest corner. She noted she has also added picnic tables; the pavilions and picnic tables will be donated by different businesses and individuals within the community; and it will be no additional cost to the community. She stated Vectorworks, Inc. has 44 employees; Vectorworks Marine applied for its occupational license and only has a listing of 20 employees; Vectorworks Marine is building the 60,000 building that is in need of the parking, not Vectorworks, Inc.; and when one moves in an area and starts an industrial park, it has to know how many businesses can be brought in and whether or not there is room. Ms. Canada stated Bea Polk’s son has a business on S.R. 46; if he wanted to expand his business, he would have to do so into Buck Lake; and inquired is the County willing to allow him homesteading rights to get five acres of Buck Lake. She noted it is time the issue is stopped; the citizens have gone to the City; there are two Councilmen who have indicated they no longer wish to hear any facts on any of the issues and only want to hear good things about Jeff Gray from Mr. Gray; and she has been told that Mr. Gray plans on moving on, but the parking is needed in case retail ever goes in there for future businesses. She stated the citizens are working at the State level now, trying to get things in order; according to the State, the property was dedicated for public use and recreational use; he is sorry if Mr. Gray does not have the parking, but the City could easily waive the parking requirements; and it would solve the problem. Ms. Canada noted if Mr. Gray needed to share in the retention pond, as long as he does not pay for it or have anything with vested rights, everyone can go away happy and leave things alone; she has no problem with the retention pond as long as Mr. Gray is not paying for it; she has talked to three law firms in Orlando; and once Mr. Gray starts paying for such pond and has use of it, there is a vested rights issue and at some point he will have the five acres. She stated there are too many problems with the issue; it is time to put a stop to it; Mr. Nelson designed a beautiful park; and her plan includes the concept plan that Mr. Nelson had for the park. She noted the citizens would like to keep Commissioner Scarborough’s legacy of parks alive; he is well known for his parks in the community; if the County starts letting businesses in on the parks, the legacy dies; and the people are proud of the work Commissioner Scarborough and Mr. Nelson do to make sure they have parks for recreation and they are designed properly.

Commissioner Scarborough stated it is not his intention to reverse what was said before, which is for County staff to work with the City; and he does not want to remove any thoughts that the presentation go to the Advisory Board.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to proceed with planning Marina Park as described by Mr. Nelson, with the park intention in mind, and to the extent that it becomes practical and beneficial, Mr. Nelson may look to parking and water retention for other interests, and present that as part of his presentation to the North Brevard Parks and Recreation Commission for its recommendation to the Board. Motion carried and ordered unanimously.

DISCUSSION, RE: MELBOURNE TRANSFER STATION

Richard Cronin, President of Cronin Construction Corporation, stated he is a licensed contractor and a subcontractor to Dooley and Mack Constructors, who is building the County’s Melbourne Transfer Station on Sarno Road; the Board is the owner of the project; and requested a portion of his retainage on the long delayed project be paid to him. He noted he makes the request as there are special unique circumstances he would like the Board to consider; his first request to have the retainage reduced was submitted to the project engineer; he denied such request, stating, “Unfortunately, the general conditions of the Contract do not provide a provision to separate out a particular subcontractor and award good performance with a reduction in retainage”; and in the denial letter, a copy of which he included in the packet as Attachment 2, the project engineer stated, “We agree that the work performed to date by the subcontractor is well in advance of the Contract date for substantial completion. We also agree that Cronin’s work has been commendable from an efficiency standpoint.” Mr. Cronin advised the engineer denied his request simply because within the Contract documents, he did not have the approval to do so; Cronin Construction started work at the Melbourne Transfer Station on day one, February 4, 2002; today is now day 393; the bid documents and Contracts state the substantial completion was 325 days following day one; and his Company went to work, believing the terminology in the Contract was to be taken seriously. He noted the Contract says, . . . “complete and ready for final payment within 355 days”; the 355th day was January 25, 2003; he was never told anything to the contrary; and he was not told to slow down. He stated a letter to the engineer from his contractor, dated July 5, 2002 stated, “We are optimistic we will meet the original completion date”; and a copy of the letter is enclosed in the package. Mr. Cronin noted as of July 5, 2002 Cronin Construction Company had completed $2,017,801 of its contracted work or 78.3%; when Dooley and Mack Constructors felt it was on target for completion, he was well into his Contract; as the site work contractor, he was moving well ahead; and as of July 5, 2002 the Board was holding $201,780.13 of his money as 10% retainage. He stated his Company has never been invited to be a party to all the delay problems at the job site; he does not know if the delays are the County or the general contractor; he was the site contractor and was told to do a job, and he has been doing it; and the tipping floor retaining wall was considered from day one to be a critical path item. He stated such item shows on the original schedule as having to be done on day 77 of the Contract; on October 9, 2002 a new schedule was issued; the wall was scheduled to be completed on October 24, 2002 which is day 262; and Attachment 8 in the brochure is a December 10, 2002 schedule that shows the wall being done on December 17, 2002, which is day 316. Mr. Cronin stated the critical retaining wall was 239 days late; his Company completed Sarno Road to the satisfaction of Florida Department of Transportation (FDOT); the County is no longer responsible; and his Company also completed the water system to the satisfaction of the City of Melbourne and finished everything that Florida Department of Environmental Protection (FDEP) needed to turn the water system on. He noted his Company completed the sanitary system, all to the satisfaction of the County inspectors who oversaw the work; it finished almost all of the base, with exception of the small part of the base around where the building was to be built; and as of today, 94.7% of his job is complete. He stated the only reason he is not finished is due to the building delay; the real completion date is not known; his Company is small and has done an excellent job for Brevard County; and the engineer and Euripides Rodriguez can confirm that. Mr. Cronin noted he is not asking the County to approve giving him some money that it had not anticipated paying; but he is asking it to assist him in giving some of the money he has already earned; and requested the Board intervene by issuing a written amendment, as allowed by Article 3.8.1 of the General Conditions. He requested a one-time interim reduction in his retainage, releasing $200,000 to him; stated the County would still hold $40,000 retainage on him and still have a $2.9 million Payment and Performance Bond to back up his Company; and the County has all the releases for the bills he has paid. He noted Attachment 9 is a sample of the County’s billing form, which shows it would be an easy method by which the County would show the one-time deduction of $200,000; and reiterated he has done a good job for Brevard County.

Solid Waste Management Director Euripides Rodriguez stated Cronin Construction Company has done an excellent job for the County as one of the bright spots on the Melbourne Transfer Station; Mr. Cronin is a subcontractor of Dooley and Mack Constructors; the existing contractual obligation is between Brevard County and Dooley and Mack; and Mr. Cronin’s circumstances are unusual as he was one of the first ones on the job. He advised the job has not been completed like anybody had originally planned; and the basis of Mr. Cronin’s request is to accommodate his unusual circumstances.

Commissioner Higgs stated the County does not have a contract with Mr. Cronin and its Contract is with Dooley and Mack Constructors; with Mr. Rodriguez responding that is correct. Commissioner Higgs noted the County does not make any payments to Cronin Construction Company and makes them to Dooley and Mack; with Mr. Rodriguez responding that is correct. Commissioner Higgs noted she is sympathetic to the issues, but the County does not have a contract with Cronin Construction. Commissioner Carlson inquired what has staff done in terms of communications with Dooley and Mack concerning Mr. Cronin’s position. Mr. Rodriguez responded he has been in conversations with Joe Vislay of Dooley and Mack about Mr. Cronin’s request; in October 2002 when Mr. Cronin originally submitted his request, Dooley and Mack endorsed such request and passed it on to the County; while sympathizing with Mr. Cronin, Dooley and Mack would have to provide the County with a change order or something to that effect in order to change the Contract to accommodate Mr. Cronin; however, Dooley and Mack has not indicated it is going to do that. Commissioner Carlson inquired what was the major cause for the long delay on Dooley and Mack’s part. Mr. Rodriguez responded there have been a number of reasons for the delay; the biggest reason has been approval of the shop drawings for the pre-engineered building; and the technical engineer with HDR Engineering is present to answer any technical questions. He stated as part of the bid requirements, the contractor is obligated to hold the price for 90 days; there was a protest on the contractor and it went to a protest committee; by the time the issue was solved, it had gone beyond the 90 days; and the contractor guaranteed the price for 90 days and required his subcontractors to guarantee their price for 90 days. He noted the 90 days went beyond the guarantee; there was some discussions; and there are still on-going discussions on the building itself. Mr. Jenkins inquired was it approximately 110 days; with Mr. Rodriguez responding it was 110 days before the Notice to Proceed was issued. Mr. Jenkins stated there have been delays in the design and construction; and inquired how many more months have been delayed as a result of design, construction issues, and weather. Mr. Rodriguez responded approximately six to eight months. Commissioner Carlson inquired how far behind schedule is the County; with Mr. Rodriguez responding he estimates approximately eight months. Mr. Rodriguez noted Dooley and Mack’s schedule has constantly been changing. Mr. Jenkins inquired does the eight months include the 110 days; with Mr. Rodriguez responding affirmatively. Mr. Jenkins stated the project was 110 days delayed in getting started and another five to six months after that. Commissioner Carlson noted Dooley and Mack is not interested in the request by Mr. Cronin to allow him to do what he needs to do to become financially stable again. Mr. Rodriguez stated Dooley and Mack has not told him that was its intention. Commissioner Carlson noted Dooley and Mack agreed with the retainage in October 2002. Mr. Rodriguez stated Dooley and Mack endorsed Mr. Cronin’s request and passed such request onto the County; Dooley and Mack did not say it was going to pay the retainage and assume the risk; and it requested the County to assume the risk. Commissioner Carlson inquired is it feasible to work with Mr. Cronin and Dooley and Mack for a solution, since the financial future of Mr. Cronin is at stake; with Mr. Rodriguez responding the possibility exists. Mr. Jenkins stated Dooley and Mack has not indicated it is willing to up-front the money until it receives its retainage. Commissioner Carlson stated it would be nice to have the communications going on. Mr. Jenkins noted the communications have occurred, but Dooley and Mack has endorsed the Board releasing the retainage. Mr. Rodriguez stated Dooley and Mack has chosen to let Mr. Cronin proceed on with his request of coming directly to the Board. Commissioner Carlson inquired what other task is Mr. Cronin responsible for under Dooley and Mack. Mr. Rodriguez responded the largest task left is the last cap of the asphalt, which is at the end of the job. Mr. Jenkins noted Dooley and Mack has not executed an amendment to the Contract, which is required; and it sent same to the Board for its consideration.

County Attorney Scott Knox stated Dooley and Mack has to agree to release the funds to Mr. Cronin; and it requires a written amendment to the Contract. Commissioner Carlson inquired does Dooley and Mack have to put up any additional dollars; with Mr. Jenkins responding negatively. Commissioner Carlson inquired if Dooley and Mack has to agree to allow the retainage to be released; with Mr. Jenkins responding affirmatively.

Commissioner Pritchard stated he does not see why the County should penalize Cronin Construction Company as it has done a good job; Dooley and Mack in October 2002 stated, “Due to the commendable performance of Cronin Construction and beneficial use of their work, we respectfully request the Board to allow a retainage reduction in the amount of 5% for the completed work of this sole subcontractor”; the Board needs to look for an avenue that it can grant Mr. Cronin the money he has earned and make an amendment to the Contract; and Dooley and Mack can sign off on that portion of it. He noted he does not see anything wrong with that; sooner or later Mr. Cronin is entitled to the money; he has performed admirably; and inquired why would the County want to hold up Mr. Cronin’s money because of an issue it has with a delay in the project, and why not pay him now. Commissioner Higgs stated the County does not pay Mr. Cronin, it pays Dooley and Mack; it has to be careful about interfering between the relationship of Dooley and Mack, the County’s contractor and the subcontractor; if Dooley and Mack wants to ask for a contract amendment and settle its Agreement with Mr. Cronin, it is between them; and if the Board interferes in the contractual relationship, it may find itself in a difficult position as Dooley and Mack is accountable for finishing the building, not Mr. Cronin. Commissioner Pritchard stated there is a provision in the contract that allows this to happen; he is not disagreeing with who may have to request it; the County needs to get Dooley and Mack to request it; and he does not have a problem with the request.

Commissioner Carlson stated the project has dragged on due to design issues; it is costing money, even though the County has retainages, etc.; Mr. Cronin is going to be doing additional work; and if he does not have the financial stability, it is going to cause more delay. She noted she agrees the Board should not interfere with the relationship between the subcontractor and contractor; it has a Contract with Dooley and Mack Constructors; and it needs to make sure staff is doing everything it possibly can.

Commissioner Scarborough inquired could there be other issues between the County and Dooley and Mack that will be considered; with Mr. Rodriguez responding affirmatively.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct Solid Waste Management Director Euripides Rodriguez to work with the County Attorney to see if they can segregate it out and have a simple amendment to the Contract to allow writing the check to the general contractor and subcontractor, with a proviso that it in no way compromises the County’s position on other disputed matters with Dooley and Mack Constructors. Motion carried and ordered unanimously.

PUBLIC COMMENT - BEA POLK, RE: WORKSHOP WITH PROPERTY APPRAISER

Bea Polk inquired since Property Appraiser Jim Ford did not say he was going to attend a workshop with the Board to discuss his operation, when is the Board going to have a meeting to discuss the issues.

County Manager Tom Jenkins stated Mr. Ford provided the Board with a written response to its request for him to participate in a workshop; Mr. Ford explained his views on that matter; and at the present time, there is nothing scheduled further.

Commissioner Higgs stated the Board discussed an audit of some of the issues; expressed concern about the discrepancies between appraised values on the tax roll and what the buildings are being sold for in the commercial arena; and noted there are issues concerning mobile homes. She stated she is particularly concerned about under valuations and is supportive of the audit issue. Chairperson Colon inquired if Commissioner Higgs wants to schedule the audit item on the agenda for the next meeting; with Commissioner Higgs responding if nobody wants the audit, she does not want to schedule it on the agenda.

Commissioner Pritchard stated based on the memorandum that Mr. Ford provided, it is within his purview to establish the tax roll as he did; it is not within the Board’s purview to interfere with Mr. Ford’s tax roll as the assessor of property; he is doing what he is charged with; and his interpretation of Mr. Ford’s letter is that the Board would be interfering with his job description by delving into the methodology he has created and is charged with.

Commissioner Carlson stated the issue that brought the questions to Mr. Ford dealt with mobile home assessments; and it is her understanding there is legislative action occurring. County Attorney Scott Knox noted he has not seen such legislation. Commissioner Carlson stated since the issue may be addressed legislatively, the Board cannot do anything at this point.

ANNOUNCEMENT, RE: BAKE SALE

Commissioner Pritchard stated a bake sale will be held on Tuesday, March 11, 2003 from 9:00 a.m. to 2:00 p.m. at the District 2 County Commission Office, 2575 North Courtenay Parkway, Merritt Island, south of the Beeline; the bake sale is in conjunction with Commander Diane Clark and the Sheriff’s Department staff, the Health Department, and his office staff; the money raised is for cystic fibrosis; and the blood mobile will be in the parking lot. He requested everyone come by and support the causes.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 2:41 p.m.

ATTEST:
__________________________________
JACKIE COLON, CHAIRPERSON
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

_____________________
SCOTT ELLIS, CLERK

(S E A L)