December 14, 2004

The Board of County Commissioners of Brevard County, Florida, met in regular session on December 14, 2004, at 9:02 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Ron Pritchard, Commissioners Truman Scarborough, Helen Voltz, Susan Carlson, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend Luis F. Lugo, El Sinai Church, Palm Bay.

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

SPECIAL APPEARANCE BY SANTA CLAUS AND RESOLUTION, RE: COMMENDING
COUNTY MANAGER TOM JENKINS

Santa Claus stated he and his elves have been very busy seeing if the Commissioners have been naughty or nice this year; he gets Space Coast Government Television at the North Pole, so he has been keeping his eye on the Board; and he and his elves have picked out the perfect gift for each Commissioner, the County Manager, and the County Attorney.

Santa Claus stated he has noticed that several times Mr. Knox has not been sure how to advise the Board; he tells them he will review the issue and get back to them; and presented him with a Magic Eight Ball to help give the answer he needs.

Santa Claus stated Commissioner Colon has become the first Hispanic member of the Board; he also knows about her ankle injury; and he wants her to be in fine fashion during the holidays. He presented her with a decorated cane. He stated he also knows about Commissioner Colon’s obsession with having her District office smell fresh; and presented her with a can of air freshener.

Santa Claus stated Commissioner Scarborough is one of the longest serving Commissioners; and that would tell him that he is very well respected by the community; however, image is everything. He stated he would probably never been able to convince Commissioner Scarborough to buy a flashy sporty new car; he kept his Dodge way past its prime; and presented him with a copy of the Used Car Buyers Guide and roll of duct tape.

Santa Claus inquired if Commissioner Pritchard remembers the first time he saw Santa and cried. He stated Commissioner Pritchard is the new Chairman of the Board; he is a little concerned that he is going to set a record for marathon meetings because he wants everyone to chatter away too much; and presented Commissioner Pritchard with a set of chattering teeth. He stated his elves told him that every morning when Commissioner Pritchard comes into his
office he straightens the pictures, checks the kitchen and conference room, and does a white glove inspection of everyone’s desk; and presented Commissioner Pritchard with a Swiffer with refills. Santa Claus stated he gets a lot of requests that are hard to fill; he had a lot of people in District 2 tell him that Friday Road is so bumpy that they are wearing their cars out and should be resurfaced; and he told them he could not do that, but would pass the information on.

Santa Claus stated Commissioner Voltz is back; that makes her the newest Commissioner; and what drives people nuts is Commissioner Voltz’s picky eating habits. He presented Commissioner Voltz with her own menu so she can take it with her when she dines and she can tell them what to fix. He stated he also knows that Commissioner Voltz cannot stand it when the temperature goes below 70 degrees; and presented her with a new thermometer.

Santa Claus stated he is amazed how meticulous, slim, and trim Commissioner Carlson stays; and he knows she is a roller blader and runner. He stated his elves tell him that Commissioner Carlson has about six calendars so important dates are not missed; but she still has the habit of calling in and asking what is on the calendar. He presented her with a giant calendar.

Santa Claus read aloud a resolution commending County Manager Tom Jenkins on his 17 years of dedicated service to the County as County Administrator and then County Manager.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt a Resolution commending County Manager Tom Jenkins on his many achievements and service to the County. Motion carried and ordered unanimously.

Santa Claus stated he is proud of Mr. Jenkins; he found the coconut that hit Mr. Jenkins on the head fifteen years ago; and presented a bag to Mr. Jenkins containing a coconut, a T-shirt, and a shuttle pin. Santa stated he has to get back to the North Pole; he has lots of work to do and little time to do it in; and inquired if that sounds familiar to Mr. Jenkins. He stated since Mr. Jenkins will be leaving, he will sit in his chair; and asked Mr. Jenkins to sit in Santa’s lap. Mr. Jenkins reluctantly sat in Santa’s lap. Santa stated he has gotten a lot of request from the people in Sharpes; Mr. Jenkins has made his job a lot easier; and he is going to be able to answer a lot of the requests because Mr. Jenkins is going to be the new Administrator under Sheriff Jack Parker.

Santa Claus stated Tiny Tim said it best when he said, “God bless us every one”; and wished everyone a Merry Christmas.

Chairman Pritchard advised that was Santa’s helper Mel Rappleyea from Cocoa. He stated he thinks Mr. Jenkins hit a whole new level of redness. Mr. Jenkins stated he has kept a low profile for 17 years; but this blew all of that.

Commissioner Carlson stated from the beginning Mr. Jenkins has been the person to go to whenever there was an issue she was not sure how to act on; his leadership has been appreciated by her office; Duwayne Lundgren has relied on Mr. Jenkins’ vision numerous times; and they look forward to continuing to work with him in Sheriff Parker’s office. She stated she appreciates the many years he served the citizens of the community.

Commissioner Voltz stated she has no idea how Mr. Jenkins has done this job for 17 years and put up with all the Commissioners; no one has any idea how difficult it has been for Mr. Jenkins to put up with five different opinions and try to come up with at least three that might agree; and that is a tough job. She commended Mr. Jenkins for his service to the County.

Commissioner Scarborough stated Brevard County is not only one of the best counties, but one of the most challenging because it is the most literate and educated by statistics; because of that they are called upon to do things in a more aggressive manner; and as he meets with different people throughout the State, he finds that many times what occurs in Brevard County is a touchstone of what other counties would like to achieve. He stated some of it is the methodology of how the County operates and how Mr. Jenkins allows the Commissioners to interface with multiple staff members, and encourages free-flowing concepts, not only at the Board level with different views being respected, but in the preparation for that discussion. He stated a lot of that is to Mr. Jenkins’ credit because he sets the tone; and he has enjoyed working with him.

Commissioner Colon stated it is going to be hard to see Mr. Jenkins go; and on behalf of the citizens, she wants to thank him. She stated she wants to thank him personally for always being fair and not pushing his own agenda, but allowing the Board to deal with the facts, which is unusual and refreshing. She stated she also wants to thank him for stepping up to the plate when the County needed him this summer and fall during the hurricanes; he showed leadership under such horrible circumstances and was able to keep everyone calm and feeling confident under such a trying time; and wished Mr. Jenkins and his family the best of luck. She stated he is a wonderful person; he deserves to be happy; he will be missed; and recommended he rely on the Lord.

Chairman Pritchard stated he has known Tom Jenkins for a long time; he went to junior high school with him; and joked he did not like him then, but tolerated him. He stated he and Mr. Jenkins went to Naval Air Station Junior High on Ft. Lauderdale Airport, which at that time was the Naval Air Station; and they went to school in drafty old Navy barracks, with no air or heat, and where they had to walk through dirt, mud, and rain when they went from building to building.
He stated the next time he ran across Mr. Jenkins, he was trying to get a certificate of need and necessity for the City of Ft. Lauderdale from the county; and Mr. Jenkins was the Deputy County Manager of Broward County at that time. He stated he met with him many times, but never did get the certificate of need and necessity while he was there. He stated it was not until he left and Mr. Jenkins left that things actually got done. He stated Mr. Jenkins has done wonders for Brevard County; a lot of people do not realize how much work is involved with being a county or city manager; they are on point and in the pressure cooker all the time; and Mr. Jenkins has survived for 17 years, which is remarkable. He stated the ability to count to three is not as easy as it might sound because there are diverse personalities on the Board; trying to juggle and figure out how to do the wishes of the Commission is most difficult; and Mr. Jenkins has done an excellent job. He stated he is sure that in the Sheriff’s Department, Mr. Jenkins will be doing the same and making sure the County gets the best bang for its buck. Chairman Pritchard stated at least Mr. Jenkins will be local, so when he has a question he can give him a call; and quipped if he does not answer the call, the Board will have to tweak his budget. He stated A. J. Hudson and other city managers are present and would like to say something. He joked when most of them heard Mr. Jenkins was leaving, they said, “well, an opening is an opening”; and he wants Mr. Jenkins to know that the city management staff here representing the majority of Brevard County cities realizes that he is leaving and looks forward to filling his spot.

A. J. Hudson, President of the Brevard County Public Managers’ Association, stated he and the other managers are here today to honor Tom Jenkins for his 17 years of service to the County; they have monthly meetings, but have never had this good an attendance at any of their meetings; and present are Hugh Williams of Titusville, Cape Canaveral City Manager Bennett Boucher, West Melbourne City Manager Mark Ryan, Satellite Beach City Manager Mike Crotty, Cocoa Beach City Manager Chuck Billias, Titusville City Manager Tom Harmer, Melbourne Beach Town Manager W. D. Higginbotham, Indialantic Town Manager Chris Chinault, Palm Bay City Manager Lee Feldman, Rockledge City Manager Jim McKnight, Melbourne City Manager Jack Schluckebier, and Cocoa City Manager Rick Holt. He presented a plaque to Mr. Jenkins on which says, “Presented to Tom Jenkins, a leader and friend, in recognition of dedicated service to the residents of Brevard County as County Manager. Your efforts to promote good government and partnerships with local governments have resulted in significant community improvements, which will benefit current and future generations of Brevard County residents. The members of the Brevard County Public Management Association salute you on a job well done and wish you much success in future endeavors.”

Chairman Pritchard thanked the members of the Public Management Association for coming today.

Commissioner Colon stated the Sheriff’s Department needs to look out for a few things; and demonstrated several facial expressions and gestures Mr. Jenkins is known for.

County Attorney Scott Knox stated he came here 12 years ago out of private practice; he had to feel his way around Brevard County for quite a while; and Mr. Jenkins was instrumental in getting him moving in the right direction to focus on the issues of the day. He stated he has had a good working relationship with Mr. Jenkins; he is pleased to have known and worked with him; and he wishes him the best of luck when he gets to the Sheriff’s Department.

County Manager Tom Jenkins stated it has been the honor of a lifetime to serve as County Manager in Brevard County; and he has to thank the current Board and all the former Commissioners that he had the opportunity to work for, for their trust and the confidence they have shown him over the past 17 years. He thanked all the managers and employees of County government for their support and teamwork in making Brevard County a great place to live and work; stated he is very appreciative of the support that he has gotten from the city managers, with whom he had a great working relationship over the years; and he would also like to mention all the Constitutional Officers he has worked well with over the years. He expressed appreciation; stated it has been a great experience; and he is looking forward to a new challenge.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the minutes of the November 19, 2004 Special Meeting. Motion carried and ordered unanimously.

AUTHORIZATION TO SEND LETTERS TO CITIES OF TITUSVILLE AND COCOA, RE:
ANNEXATION AND COMPREHENSIVE PLAN AMENDMENTS

Commissioner Scarborough stated the Board should have received copies of two letters, one to the City of Titusville and the other to the City of Cocoa; Transportation Engineering Director John Denninghoff is going to the City of Titusville’s meeting; the County already submitted information to the City; and Mr. Denninghoff will be present to answer questions. He stated 600 acres are going to be annexed and another 19 acres; and there may be questions on the overall concepts of transportation over Fox Lake Road and the I-95 overpass. He stated Titusville has moved forward in a larger measure than many people anticipated in trying to take the County’s comments; and he appreciates the opportunity to have staff work more fully with the City. He stated the City of Cocoa had the event last time; Chairman Pritchard is very much aware of it because people were not allowed to enter because the facility was so small; but the City moved forward. He stated he understands the adoption discussion tonight will be at another facility where people will be able to be heard; and he wants to thank the City of Cocoa for that.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize sending letters to the Cities of Titusville and Cocoa concerning annexations and Comprehensive Plan Amendments. Motion carried and ordered unanimously.

APPOINTMENT, RE: MEDICAL SERVICES REVIEW COMMITTEE

Commissioner Voltz stated she has one appointment to make today, but will be bringing more back in January.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to appoint Gina Nater to the Medical Services Review Committee, with term expiring on December 31, 2005. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: OPEN HOUSE

Commissioner Voltz stated she will be having an open house in her office on Monday, December 20, 2004 from 3:00 to 6:00 p.m.

Commissioner Carlson stated the District 4 Commission office is having its annual holiday party in the Space Coast Room from 3:00 p.m. to 6:00 p.m. on Friday, December 17, 2004.

REPORT, RE: SAMPLE OF THE ARTS

Commissioner Carlson stated Mimi Pearson with the Brevard Museum of History and Science, will give a brief presentation on the Museum.

Mimi Pearson stated she is a docent at the Brevard Museum of History and Science on Michigan Avenue in Cocoa; and today she will focus on the education mission and bring the Board up to date. She stated the Executive Director, Janeen Smith, serves as an advisor on the Brevard County Science Teachers’ Commission; their popular Circle of Science tours combines the museum with the BCC Planetarium and the UCF Solar Energy Center; the docents got hundreds of school children and senior citizen groups through the exhibits, which consists of an 8,000-year old Windover Indian dig, 19th century pioneers and settlers, Taylor family antiques, indigenous Florida wildlife, a butterfly garden, and wilderness trails; and plans are underway to build a cracker house on the museum grounds for hands-on learning by visitors. She stated they are making the past part of the future for the visitors; and they will long remember the lessons learned in persistence towards survival from the early pioneers, the Indians, and even Florida wildlife today. She stated hopefully visitors can apply this knowledge to success in their own lives and their own quest for adventure. She thanked the Board for its past and continuing support of the museum; and invited the Commissioners to visit the museum.

Commissioner Carlson inquired if Ms. Pearson has a table in the foyer; with Ms. Pearson responding yes.

ANNOUNCEMENT, RE: MASTERS WORKSHOP

Commissioner Colon stated there will be an event on Saturday, December 18, 2004 at the Grant Street Community Center at 4:00 p.m. for the Masters Workshop; and it requires only a humble donation of $3 to see the children perform and give the community an opportunity to know about the Masters Workshop. She stated the Masters Workshop is a group of citizens in the community who have come together to tackle some of the problems going on in the Florida Avenue/Lipscomb Street area; they have turned a nightclub where there were shootings into a safe haven for the children; and reiterated the event is Saturday, December 17 at 4:00 p.m.

INTRODUCTION

Chairman Pritchard introduced Ann Reese who is taking over as Agenda Coordinator.

RESOLUTION, RE: COMMENDING LAURA DELMAN

Commissioner Carlson stated she has known Laura Delman since she was born and her mother for a long time; Laura has grown into a beautiful lady; and she has made some very big accomplishments. She read aloud a resolution commending Laura Delman on her achievement of the title, Intermediate Junior Miss Majorette of America.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution recognizing the accomplishments of Laura Delman. Motion carried and ordered unanimously.

Laura Delman thanked the Board for the tremendous honor; and stated she would not have been able to win the national title without the help of her coach, Laurie Cooper, and her parents. She stated she loves doing her sport and the challenges; it is a unique sport; and she will always love it.

RESOLUTION, RE: RECOGNIZING EXCELLENCE IN PUBLIC SERVICE AWARD

County Manager Tom Jenkins stated this is the Board’s annual opportunity to recognize an outstanding employee and an outstanding supervisor/manager of County government; the announcements are surprises to the individuals; and they do not know they are receiving these awards. He stated the first is the Excellence in Public Service Award; and read aloud a resolution recognizing Mona Ray for her outstanding and dedicated service to the Board and the citizens of the County as the Volunteer Coordinator.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution awarding the Excellence in Public Service Award to Mona Ray for her service as Volunteer Coordinator. Motion carried and ordered unanimously.

Commissioner Pritchard presented the Resolution to Ms. Ray. Mona Ray thanked the Board; stated she wants to be the best she can to serve her community, her County, and all the volunteers; and she is committed to volunteerism. She stated the community needs to work together; it is an honor to receive the Resolution, but she does not think she deserves it because there are many people who work hard; and she will try to make everyone proud of her and the volunteers.

RESOLUTION, RE: RECOGNIZING EXCELLENCE IN PUBLIC SERVICE MANAGEMENT
AWARD

County Manager Tom Jenkins read aloud a Resolution recognizing John Bober for his outstanding and dedicated service to the Board and the citizens of the County as the Production Manager of Space Coast Government Television.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution awarding the Excellence in Public Service Management Award to John Bober for his service as Production Manager of Space Coast Government Television. Motion carried and ordered unanimously.

Chairman Pritchard presented the Resolution to Mr. Bober; and stated Mr. Bober is the one who does all that he can to make sure the Commissioners’ words get out; any time he asks Mr. Bober for something, he does it, and does it well; and commented on the professionalism of the programs. He stated the Commissioners appreciate how good Mr. Bober makes them look. Mr. Bober thanked the Board for supporting Space Coast Government Television.

ITEMS PULLED FROM CONSENT AGENDA

Chairman Pritchard stated Item III.D.5 has been deleted; he pulled Item III.D.6 for discussion at the end of the meeting; and inquired if there are any other changes to the Consent Agenda. Commissioner Voltz stated she requested Item III.A.9 be deleted. Chairman Pritchard stated it is listed on the Agenda; with Commissioner Voltz responding it was moved but she wants it to be deleted. County Manager stated it was pulled off the Consent Agenda and put under New Business at the end. Chairman Pritchard inquired if the Board has to address it since it is part of the Agenda. County Attorney Scott Knox advised it can be deleted. Commissioner Colon advised it is shown as deleted on the Agenda.

APPROVAL OF GRANT APPLICATION TO ENVIRONMENTAL PROTECTION AGENCY, RE:
ENVIRONMENTAL EDUCATION GRANTS PROGRAM FOR FY 2004

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize submittal of a grant proposal to the Environmental Protection Agency for funding of the environmental educator training workshops; authorize the Chairman to sign the Contract if the grant is approved; and approve amendment to the budget to reflect the grant revenue. Motion carried and ordered unanimously.

CONTRACT WITH WALKABOUT RESIDENTIAL COMPANY, LLC AND WALKABOUT GOLF
& COUNTRY CLUB, INC., RE: IMPROVEMENTS IN WALKABOUT WAY AND POD 9

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Contract with Walkabout Company, LLC and Walkabout Golf & Country Club, Inc. guaranteeing improvements to Walkabout Way and POD 9. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH GAYLE FOREHLICH, RE: 3RD STREET

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Gayle Forehlich for construction of a road in existing County right-of-way of 3rd Street, under the Code of Ordinances, Section 62-102. Motion carried and ordered unanimously.

WAIVER OF VEGETATIVE BUFFER TRACT, RE: WHEELER FARMS SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to waive vegetative buffer tract requirement around the perimeter of Wheeler Farms Subdivision. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL AND TRI-PARTY ESCROW AGREEMENT WITH SAWGRASS
LAND DEVELOPMENT COMPANY AND COLONIAL BANK, RE: IMPROVEMENTS IN
BRISBANE ISLE, PHASE 1 (AKA SAWGRASS SOUTH)

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant final plat approval for Brisbane Isle, Phase 1, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits; and execute Tri-party Escrow Agreement with Sawgrass Land Development Company and Colonial Bank guaranteeing improvements in the Subdivision. Motion carried and ordered unanimously.

CONTRACT MODIFICATION AGREEMENT WITH THE VIERA COMPANY, RE:
IMPROVEMENTS IN INDIGO CROSSING, PHASE I

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Contract Modification Agreement with The Viera Company guaranteeing infrastructure improvements in Indigo Crossing, Phase I. Motion carried and ordered unanimously.

REQUEST FOR WAIVER, RE: METHOD OF CALCULATION OF REQUIRED PARKING
SPACES FOR GRILL’S II RESTAURANT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to waive the method of calculating parking space requirements for restaurants as required in Section 62-3206(d)(2)(bb) to allow the number of parking spaces to be based on the number of 312 seats instead of the total square footage of the building for Grills II restaurant. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: AURORA OAKS SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant final plat approval for Aurora Oaks Subdivision, 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.

APPROVAL OF BREEZEWAY CREDIT, RE: WINSLOW BEACH CONDOMINIUM

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant breezeway credit for Winslow Beach Condominium pursuant to Section 62-2105(e) of the Brevard County Code, upon dedication of a 30-foot wide easement for public access to the beach, construction of a public parking lot and dune crossover at no expense to the County, and appropriate landscaping around the parking area. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN AGREEMENT WITH THANH D. NGO AND LIEN K. PHAM,
RE: PROPERTY AT SOUTHWEST CORNER OF JONES TRAIL AND NORTH TROPICAL
TRAIL

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Binding Development Plan with Thanh D. Ngo and Lien K. Pham for property located on the southwest corner of Jones Trail and North Tropical Trail. Motion carried and ordered unanimously.

CERTIFICATION, RE: BREVARD MPO/BREVARD COUNTY STAFF SERVICES
AGREEMENT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Certification of the Brevard MPO/Brevard County Staff Services Agreement, extending the term through December 31, 2005. Motion carried and ordered unanimously.

APPROVAL OF EMERGENCY PROCUREMENT, RE: SEWER MAIN REPAIR ALONG
SOUTH PATRICK DRIVE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve payment of $76,924.46 for emergency repairs to the South Beaches Regional Wastewater transmission Main located along South Patrick Drive by Atlantic Development. Motion carried and ordered unanimously.

ACCEPTANCE, RE: FAA HURRICANE GRANT FOR VALKARIA AIRPORT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize acceptance of a $73,000 grant from FAA to offset the fiscal impacts of hurricane-related damages to Valkaria Airport. Motion carried and ordered unanimously.

AGREEMENT WITH WUESTHOFF HEALTH SERVICES, INC., D/B/A CHILD PROTECTION
TEAM, RE: CHILD PROTECTION TEAM MEDICAL EXAMS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement with Wuesthoff Health Services, Inc. d/b/a Child Protection Team, to provide medical examinations of allegedly abused, abandoned, or neglected children in a child-friendly, non-threatening environment from October 1, 2004 through September 30, 2005. Motion carried and ordered unanimously.

APPROVAL OF AMENDMENTS, RE: CONSOLIDATED ACTION PLAN FOR FY 1999-2000
AND FY 2000-2001

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve amendments to the Consolidated Action Plan for FY 1999-2000 and FY 2000-2001 to utilize the remaining project HOME funds for renovation of units on Abbey Lane for affordable rental housing, and allow SHIP dollars to be used for the First Time Homebuyer Program; and authorize the Chairman, County Manager, or designee to sign documents needed to execute the action. Motion carried and ordered unanimously.

APPROVAL OF FINDING OF NO SIGNIFICANT IMPACT, REQUEST FOR RELEASE
OF FUNDS, AND PERMISSION TO ADVERTISE PUBLIC HEARING, RE: COMMUNITY
DEVELOPMENT BLOCK GRANT MERRITT ISLAND CEMETERY PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to accept and execute the Finding of No Significant Impact (FONSI) from the Environmental Review conducted on the Merritt Island Cemetery Preservation Project; grant permission to publish a combined notice of FONSI and Request for Release of Funds; and authorize the Chairman to sign HUD Form 7015.15, Request for Release of Funds, once the required public comment period has expired. Motion carried and ordered unanimously.

APPROVAL, RE: LIBRARY SYSTEM FY 2005 PLAN AND COLLECTION DEVELOPMENT
PLAN

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the supporting documents for the State Aid to Libraries grant application, the Brevard County Library System FY 2005 Plan, and the Collection Development Plan, as presented. Motion carried and ordered unanimously.

APPROVAL, RE: REVISION OF LIBRARY EMPLOYEE SECURITY MANUAL

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the revisions to the Brevard County Library Employee Security Manual to assist staff in maintaining a secure environment for all citizens using library facilities. Motion carried and ordered unanimously.

AGREEMENT WITH AREA AGENCY ON AGING OF CENTRAL FLORIDA, INC. D/B/A
SENIOR RESOURCE ALLIANCE, RE: FUNDING FOR HEALTH AND WELLNESS
COORDINATOR POSITION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize the County Manager or designee to execute the Agreement with Senior Resource Alliance for continued funding of the Health and Wellness Coordinator position pending review by the County Attorney and Risk Management. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE OFF STATE VEHICLE PROCUREMENT PROGRAM, RE:
TWO 22-FOOT BODY ON CHASSIS CUTAWAY TYPE VEHICLES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize the purchase off the State Vehicle Procurement Program of two 22-foot Body on Chassis, Cutaway type vehicles at not to exceed $128,000 from First Class Coach and Equipment, Inc. Motion carried and ordered unanimously.

APPROVAL OF SALE, RE: SURPLUS BUSES TO PALM BAY PARKS AND RECREATION
DEPARTMENT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the sale of one surplus bus to Palm Bay Parks and Recreation for $500, which will be credited to the Space Coast Area Transit budget. Motion carried and ordered unanimously.

APPROVAL OF UNIFIED CERTIFICATION PROGRAM, RE: CERTIFICATION OF
DISADVANTAGED BUSINESS ENTERPRISES FOR FEDERAL TRANSIT
ADMINISTRATION GRANTS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute the Unified Certification Program, pursuant to 49CFR, Part 26, Subparts D and E, which requires all U.S. Department of Transportation recipients to participate in a Statewide Unified Certification Program to certify Disadvantaged Business Enterprises. Motion carried and ordered unanimously.

RESOLUTION, RE: TRANSFERRING SURPLUS PROPERTY AT NORTH BREVARD
SERVICE COMPLEX TO BREVARD ALZHEIMER’S FOUNDATION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution transferring two acres determined as surplus property at the North Brevard Service Complex located in Titusville to the Brevard Alzheimer’s Foundation as a location for construction of a North Brevard Alzheimer’s Daycare Facility. Motion carried and ordered unanimously.

APPOINTMENTS, RE: SPACEPORT COMMERCE PARK AUTHORITY CITY OF
TITUSVILLE REPRESENTATIVES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to appoint Councilman Jim Tulley as the City of Titusville’s primary representative and Councilman Conrad Eigenmann as the alternative representative on the Spaceport Commerce Park Authority, with terms to expire at the end of calendar year 2005. Motion carried and ordered unanimously.

AGREEMENTS WITH CHAMBERS OF COMMERCE, RE: TDC 2005 CATEGORY A
PROMOTION AND ADVERTISING MATCHING GRANTS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreements with the Palm Bay Area Chamber of Commerce, Melbourne/Palm Bay Area Chamber of Commerce, Cocoa Beach Area Chamber of Commerce, and Titusville Area Chamber of Commerce for the 2005 Category A Promotion and Advertising matching grants for total amount of $120,000, from 45% of the first two cents and 55% of the third cent of the Tourist Development Tax; and approve that all invoices submitted for reimbursement of funds follow normal County payment procedures. Motion carried and ordered unanimously.

CONFIRMATION OF APPOINTMENT, RE: INTERIM ASSISTANT COUNTY MANAGER FOR
DEVELOPMENT AND ENVIRONMENTAL SERVICES GROUP

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to confirm appointment of Ed Washburn as Interim Assistant County Manager for the Development and Environmental Services Group, effective January 4, 2005. Motion carried and ordered unanimously.

APPROVAL, RE: RENAMING PUBLIC SAFETY CENTER AS TIMOTHY J. MILLS FIRE
RESCUE CENTER AND CRIMINAL JUSTICE SERVICES OFFICE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize the dedication and renaming of the Public Safety Center as Timothy J. Mills Fire Rescue Center and Criminal
Justice Services Office in honor of Mr. Mills’ service to the citizens of Brevard County for 25 years as a firefighter, Lieutenant, Captain, District Chief, and Fire Operations Chief. Motion carried and ordered unanimously.

APPROVAL OF WRITE-OFFS, RE: UNCOLLECTIBLE AMBULANCE ACCOUNTS
RECEIVABLES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve write-off of the FY 2003-2004 uncollectible ambulance accounts receivable totaling $4,317,536.66. Motion carried and ordered unanimously.

AUTHORIZE SHERIFF TO ENTER INTO LEASE AGREEMENT WITH PRO-TEC
CORPORATION, RE: SHOCAP/JUVENILE OFFENDER TRACKING PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize the Sheriff to enter into a one-year lease agreement with Pro-Tec Corporation to implement the Serious Habitual Offender Comprehensive Action Program (SHOCAP), Juvenile GPS Tracking project funded by a portion of this year’s Edward C. Byrne Formula Grant award, from October 1, 2004 to September 30, 2005. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to appoint/reappoint Dr. David Capraro to the Animal Enforcement Dangerous Dog Hearing Council with term expiring December 31, 2005; David Bunker, Susan Martin, Josiah Snodgrass, and Mary Wilson to the Art in Public Places Advisory Committee with terms expiring December 31, 2005; Joan Madden, Dr. John O. Potomski, Jr., Christine Schnitzer, and Joseph Steckler to the Brevard Commission on Aging with terms expiring December 31, 2005; Beverly Jones, Dr. Paula Krist, Peggy Moore, Evelyn Morrison, and Rosemary Munzenmayer to the Brevard County Commission on the Status of Women with terms expiring December 31, 2005; Fran Wales to the Building and Construction Advisory Committee with term expiring December 31, 2005; Reverend Kite-Powell to the Central Brevard Library and Reference Center Advisory Board with term expiring December 31, 2005; Dale Young to the Citizen Budget Review Committee with term expiring December 31, 2005; Leon Tucker and Nick Witek to the Contractors Licensing Board with terms expiring December 31, 2005; Cheryl Lawson-Young and Ruth Santomassino to the Country Acres Advisory Board with terms expiring December 31, 2005; Albino P. Campanini and David W. Matte to the Economic Development Commission of Space Coast with terms expiring December 31, 2005; Evelyn Guadalupe and Yvette Torres to the Employee Benefits Advisory Committee with terms expiring December 31, 2005; Sharon Savastio and Leese Souto to the Environmentally Endangered Lands Procedure Committee with terms expiring December 31, 2005; Alan Brech, Jim Culberson, Elaine Liston, Ada Parrish, and David Paterno to the Historical Commission with terms expiring December 31, 2005; Fritz Kawohl and Fernanda Safarik to the Library Board with terms expiring December 31, 2005; Gary Hanlin, Wayne Mozo, Al Pappas, and Troy Rice to the Marine Advisory Council with terms expiring December 31, 2005; Dr. Samuel Del Rio and Dr. Chris Fenton to the Medical Services Review Committee with terms expiring December 31, 2005; Eddie Carr, Jr., Bonnie Decaro, Clarence Mills, and Ayn Samuelson to the Metropolitan Planning Organization Citizens Advisory Committee with terms expiring December 31, 2005; Dudley Anderson and Clifford Barber, Jr. to the Palm Bay Regional Park Advisory Committee with terms expiring December 31, 2005; Ramona Birmingham, John Corelli, Mary Geoltz, Jerry Jagrowski, Mary Ann Kise, and Ted Whitlock to the Parks and Recreation South Service Sector Area Advisory Board with terms expiring December 31, 2005; Cleave Frink to the Personnel Council with term expiring December 31, 2005; Eddie Carr, Cleave Frink, Jerry Jagrowski, Ron McLellan, and Evelyn Morrison to the Planning and Zoning Board with terms expiring December 31, 2005; Clarence Mills and Christopher Pastirik to the Public Golf Advisory Board with terms expiring December 31, 2005; Mary Ann Beasley, Scott Hubel, Jerry Jagrowski, Judi John, R. L. Jones, Mark Leslie, John Lewis, Mike Malone, Charles Manning, Audrey Nassen, Warren Price, E. Harrison Rhame, Herb Richter, and Nancy Sewell to the Suntree-Viera Parks Committee with terms expiring December 31, 2005; June Baker, James Gould, Dr. Rochelle A. Kenyon, Terry Kotzen, Dot Lawless, and Donald Mandery to the Suntree/Viera Public Library Advisory Board with terms expiring December 31, 2005; Dan Overstreet and Tom Stevenson to the Surface Water Improvement Advisory Board with terms expiring December 31, 2005; Robert Doucette, Dan Faden, and Robert Bruce Griffin to the Valkaria Airport Advisory Board with terms expiring December 31, 2005; Frank Kunze and Carlos Colon to the Veterans Memorial Park Advisory Board with terms expiring December 31, 2005; Nelle Ayres and Stephaney Elley to the West Melbourne Public Library Board with terms expiring December 31, 2005; Richard Butler, John Corelli, R. L. Jones, Eleanor Munton, Ollie Olsen, and Cheryl Palmer to the Wickham Park Advisory Committee with terms expiring December 31, 2005; and Ed Dean, Marisa Magill, Gordon Prentice, and Dale Young to the Zoning Board of Adjustment with terms expiring December 31, 2005. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve bills and budget changes as submitted. Motion carried and ordered unanimously.

REQUEST OF COURTNEY ROBERTS, RE: PAYMENT OF COSTS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve payment of costs in the amount of $9,013.82 to Courtney Roberts, which includes Scott Roberts’ billing statement through October 13, 2004 in the amount of $7,466.22 and the difference between the original accepted bid and current price for Omega Garage Doors in the amount of $1,547.60. Motion carried and ordered unanimously.

ANNOUNCEMENT OF TIME CERTAIN ITEMS

Chairman Pritchard stated there are time certains on V.A, Staff Direction, Re: Zoning Code Issues Relating to Resurrection Range at 10:00 a.m.; on V.F, Discussion, Re: League of Cities Task Force at 2:00 p.m.; on VI.D.1, Approval, Re: Additions to 2005 Legislative Requests at 1:00 p.m.; and Item VI.E.4, Citizen Request - Lynda Weatherman, EDC President and CEO, Re: EDC Confidential Client Project # (03/04) 8-3-36-RD at 11:00 a.m.

CONSIDERATION, RE: STAFF DIRECTION, SMALL AREA PLAN EXAMINING FLUE
POLICY 1.12, PROTECTION OF RESIDENTIAL RIVERSIDE LANDS - CAMP ROAD TO
BROADWAY BOULEVARD

Commissioner Scarborough stated he met with Planner Todd Corwin yesterday; Item VI.A.2 involves a small area plan for the area on which there has been a rezoning request; simultaneously they have done a small area plan; and Mr. Corwin received some calls about it. He stated they have noticed everybody in that area; there are only approximately 30 of them; and rather than have these people sit through the whole meeting, they felt it would be advantageous to announce the item will not be heard today. He stated there is going to be a meeting on January 12, 2005 in the Brevard Room in Titusville, which will allow time to discuss it fully before going to the zoning issue at the February 2005 zoning meeting.

Chairman Pritchard inquired if it is being removed from the current Agenda; with Commissioner Scarborough responding affirmatively.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to remove Item VI.A.2 from the Agenda for rescheduling to a future meeting. Motion carried and ordered unanimously.

The meeting recessed at 9:53 a.m. and reconvened at 10:03 a.m.

County Manager Tom Jenkins’ absence and Assistant County Manager Peggy Busacca’s presence were noted at this time.

CONSENT AGENDA, RE: ADDITIONAL SPEAKER

Chairman Pritchard stated an individual submitted four speaker cards on Consent Agenda items; the cards were in front of him, but he missed them; it was his error; and the Board does need to hear the speaker.

APPROVAL OF GRANT APPLICATION TO ENVIRONMENTAL PROTECTION AGENCY, RE:
ENVIRONMENTAL EDUCATION GRANT PROGRAM FOR FY 2005 (CONTINUED)

Thelma Roper stated she is present at the request of Walter Pine, Executive Director of the Center for Civil Rights Advocacy, who is meeting with federal mediators on environmental issues today; their concern on this item is the kind of environmental education being done; and inquired if the grants are going to be for things like the Friends of the Enchanted Forest and
education in Pachimama. She inquired if they are looking at education to teach the actual facts using data and science, and not teaching based on a general viewpoint; and are they going to get fact-based education. She stated unless they get real fact education, they are not in favor of this item.

RESOLUTION, RE: TRANSFERRING SURPLUS PROPERTY AT NORTH BREVARD
SERVICE COMPLEX TO BREVARD ALZHEIMER’S FOUNDATION (CONTINUED)

Thelma Roper stated they want to support this; but at the same time, they would like to raise the issue of surplusing and transferring property when there are places that need property such as the Scottsmoor community center. She stated the County is giving away property, but is not funding things like the fire station; the funds for the Volunteer Fire Station in Scottsmoor have been cut; the fire station is not being repaired and cared for; and it is on the deed that it will be cared for. She stated it is a matter of priorities; and the Board needs to look at everything that is going on when it does something like this and make sure its priorities are right.

APPROVAL OF APPOINTMENT, RE: INTERIM ASSISTANT COUNTY MANAGER FOR
DEVELOPMENT AND ENVIRONMENTAL SERVICES GROUP (CONTINUED)

Thelma Roper stated she and Mr. Pine were tied up at another meeting when the appointment of the Interim County Manager came through; and Mr. Pine wanted her to make sure the Board was aware that the people being appointed are against property rights, which does not look good for the pro-property rights issues.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS (CONTINUED)

Thelma Roper stated she wants the Board to be aware of a policy change by the North Brevard Parks and Recreation Board and how it is appointing the members of the referendum committees; it is a mid-stream change; instead of taking the cards as they come in, now every time there is an issue or someone drops off the committee, it is putting that out new instead of taking the cards it has; and everybody has to come and meet and greet the committee. She stated it is winding up as an issue where the committee can pick and choose, and to an extent, discriminate on who to have on the committees instead of taking those who are interested in the community in the order their cards came in, which is the way it was being done. She stated this is a new policy that was voted on; and she wanted the Board to be aware of it.

Commissioner Scarborough stated the North Brevard Parks and Recreation Board is a joint City/County board because the MSTU, through an agreement with the City of Titusville, is both in and outside of the City. He stated MSTU funds are not totally the prerogative of the Board of County Commissioners; and that committee has an autonomy that is beyond the Board; but he will look into the procedure and make sure the Board gets a report from Mr. Nelson.

STAFF DIRECTION, RE: ZONING CODE ISSUES RELATING TO RESURRECTION RANCH

Interim Planning and Zoning Director Robin Sobrino stated the Board requested this item be discussed with the citizens and the Resurrection Ranch people in May 2004; since that time the citizens and staff have met on several occasions, even through the assistance of a mediator to see if the differences of opinion could be resolved among the parties; but at this time there does not appear to be a consensus among the parties as to any points of agreement. She stated they just discovered some information that they feel might be valuable for all of the parties to be able to digest prior to the Board taking action today; and that would allow them to have a meeting of the minds on some of the points that at this time are contentious.

Planner Ryan Rusnak stated they researched Zoning Regulations prior to the meeting; it was discovered that there was different language in the Zoning Regulations in 1986; the conditional use permit for an adult congregate living facility and a school was approved in 1986; the definition says to provide care, 24-hour day care to dependent clients; and the Zoning Regulations were amended in 1987 to say to provide care to assigned residents, which is a crucial point. He stated also the definition in 1987 for an assigned resident was added to the Zoning Regulations; the assigned resident language prohibits a relationship with the Department of Corrections; and it also prohibits forcible felons to be located on the property, which seems to be one of the impassible points between the residents and the Ranch. He stated they felt it was paramount to discussions to point out that it does not appear, in 1986, that there was a prohibition for forcible felons or a relationship with the Department of Corrections.

Chairman Pritchard requested an explanation of a prohibition; with Mr. Rusnak responding under the current regulations with the assigned resident definition, the Code says one cannot have a relationship with the Department of Corrections, be that contractual or any type of relationship; and it also prohibits certain types of felons from being on the property. He stated the residents wanted Resurrection Ranch to comply with the current regulations, which have those prohibitions; and it was crucial to realize that language was not in the Code at the time the CUP was approved.

Assistant County Manager Peggy Busacca stated the Board directed staff in May to work with the citizens and the Ranch representatives to come to some agreement, if possible, on conditions for a conditional use permit; but it should be noted that the conditional use permit is no longer part of the Code. She stated the Board has amended the Code so that there is an institutional/light and an institutional/heavy zoning category; so the original discussion related to conditions under which a conditional use permit could be modified by the Board; but that has been changed by the Code amendment. She stated staff feels that there are various options the Board can take once it decides how it would like Resurrection Ranch to operate; and the options go from no changes to a number of changes to the point of amortizing certain changes. She stated Mr. Knox can help with the legal issues as the Board works its way through this; but it is important to note that the original Board direction of just coming together and administratively rezoning this for changes to a conditional use permit no longer make sense based on the institutional zoning category. Chairman Pritchard inquired based on the current regulations, are they operating legally; with Ms. Busacca responding that is a more difficult question than it seems. She stated in 1986 Resurrection Ranch was given a conditional use permit; it could be considered a nonconforming use and have to operate under the 1986 regulations; and in that case there does not seem to be any description as to whether or not there could be an association with the Department of Corrections; however, the 1986 definition has square footage requirements for the number of people. She stated Mr. Rusnak went out and measured that; based on his measurements and understanding of the usage of the property, he feels it may not meet the square footage requirements; so they may be operating under the 1986 regulations, but in part, they appear not to be. She stated if Chairman Pritchard is asking if they are legal under the 1987 definition, which changed subsequent to their conditional use permit being issued, then the association with the Department of Corrections and having felons on the property would be inconsistent with that definition.

Commissioner Carlson inquired as of 1986, when the Ranch applied for and received the CUP, would the definitions of ACLF and RSSF have allowed the DOC referrals of forcible felons; with Mr. Rusnak responding the Zoning Regulations would not have prevented that relationship. Commissioner Carlson inquired if that was because of the definition issue; with Mr. Rusnak responding that is correct. Commissioner Carlson stated that is why the definition occurred for assigned residents, so therein lies the twist.

Commissioner Voltz inquired how does the information that was given earlier affect both sides. Mr. Rusnak responded at the three meetings he attended, they wanted some negotiation surrounding the use of the property; the negotiations broke down right away because there were impassible things occurring; the residents did not want forcible felons there or a relationship with the Department of Corrections because the current wording of the Zoning Regulations would prohibit it; and the residents wanted the Ranch to comply with the way the regulations read currently. He stated the information recently discovered puts a twist on it because that was not the language that was in place at the time the Ranch received its approval.

Commissioner Carlson advised many of the citizens are hanging their hat on the definition that occurred in 1987, not 1986 in terms of trying to keep the DOC agreement from continuing, so there is an issue of potential vested rights or something of that nature; and requested Mr. Knox explain what might occur if there were a vested rights issue. County Attorney Scott Knox stated Mr. Rusnak’s discovery muddies the water from both the citizens’ and the Ranch’s standpoint; what they have discovered is the Ranch may have a right to operate without the restriction on felons that now exists under the law; but they are also limited in what they can do under the original language that was in the Ordinance at the time it got its CUP, in that it is tied to dependents, which probably means youth as opposed to adult offenders. He stated it is not a clear-cut case for the Ranch in terms of being able to operate the way it operates currently; but it is not a clear-cut case of being able to prevent felons, even if they are youthful felons, from going into the neighborhood; and both sides are now at risk. He stated the Ranch could apply for vested rights for what it does today; and if it succeeds, it would end up being able to continue its operation just the way it is now. Commissioner Carlson inquired if it could expand; with Mr. Knox responding vested rights is different than nonconforming use, so it would depend on what the special master came back with in terms of findings of fact and what the Board then did with those findings; and if it is found to be a nonconforming use, it could not expand. Commissioner Carlson stated if it got the same rights it had in 1986, but it was zoned AU then, if it wanted to get rezoned to be able to do other things or expand, it would have to go through a rezoning to become conforming; and otherwise it would stay in a nonconforming status, which would not allow any expansion; with Mr. Knox advising that is correct. Commissioner Carlson stated it is a lot more convoluted than it appeared at first; with Chairman Pritchard agreeing.

Chairman Pritchard stated he is wondering if the Board wants to move forward, table the item, give them an opportunity to resolve the issue, or hear the speakers who came today. Commissioner Carlson stated this information came to the Board fairly suddenly; she only learned about it yesterday; and she knows Mr. Rusnak has tried to get out to the neighborhood to let them know about it, but she is not sure how prepared they are to speak to the new information. She stated the residents have based much of their interest in the case on the 1987 rule; and there is an issue on both sides that would make it a better position right now if both groups could come to the middle and try mediation one last time, because there is the potential for loss on both sides. She requested Mr. Knox put it into perspective as far as what is at stake for both sides. Mr. Scott stated with the new information, both sides are at risk of losing everything, depending on how things go, so it may be worthwhile to sit down and try to work out some kind of arrangement where both sides are satisfied that they can live with the arrangement. He stated the Board can also get involved in that from the standpoint of amending its regulations on institutional to allow certain things to happen but not other things to happen; and in coming up with a way to handle issues where the residents are not happy with potential people living in that area that Resurrection Ranch may want to have there procedurally. Commissioner Carlson suggested asking one representative from each side to speak to see if they can try to go through another mediation because based on what staff has said, they have not gotten far with the new information; and it might change things a little bit. Chairman Pritchard stated that would be a good idea; and inquired if they would be willing to have one person from each side speak. He stated the new information casts a new light on what may happen; this is a republic not a democracy; this is a nation of laws; and everyone has to obey the laws. He stated both sides have a right; and the Board needs to be sure it adjudicates properly as it is quasi-judicial and held to a higher standard.

David Miller, Administrative Director of Resurrection Ranch Ministries, stated the Ranch feels the neighbors have some points in terms of their problems with the operation of the Ranch; and in the mediation, it was stated there were impassible differences between what is going on at the Ranch and what the neighbors want. He stated the Ranch is not willing to take any sexual offenders or forcible felons; the definition of forcible or violent felon in the Code pretty much eliminates anyone who had a felony; but there are a lot of circumstances in anybody’s life that could cause them to have a felony; and the Ranch feels it should have the right to sit down and discuss with the neighbors, and if someone has a felony that is not of a forcible nature, those people should have a right to reside at the Ranch, continue with their lives, and get re-integrated into society. Mr. Miller stated the Ranch feels there is room for compromise; it was encouraged in the last mediation; and saying the Ranch is going to do what it wants and not work with the community is not the direction it wants to take. He stated Resurrection Ranch is a community-oriented facility; it relies strongly on the local churches and community to support it; and it is held to a higher standard than just the laws. He stated the Board and the laws that it sets will be followed; and to this point, they believe they are in 100% compliance with the laws of the Zoning Board and the County Board of Health, which for the last 18 years has come out four times a year to monitor and inspect. He stated in 1986, the Board ordered the Brevard County Health and Services Department to monitor Resurrection Ranch; the neighbors are saying they should be under a State certified drug and treatment facility or some other supervision; but the Board has given supervision through the County; and they would like to continue the work they are doing. He stated they would like to work with the County; if it is going to take a rezoning to become compliant, then they are willing to do so; but they do feel they have vested rights, and have put a lot of hard work and energy into the facility to keep it up and running at no cost to the community. He stated a lot of private citizens have poured their lives into the facility; they have rights too; and it is not at the expense of the neighbors. He stated the Ranch feels that if there is some mediation possible and it can work this thing out internally, it would be more than happy to do so.

Commissioner Carlson inquired if it is the Ranch’s intention to expand the facility; with Mr. Miller responding they would like to rezone the five acres directly next to the facility to incorporate the Ranch. Commissioner Carlson inquired if Mr. Miller understands that in a vesting scenario, they may not get the opportunity to do so; with Mr. Miller responding they understand that. Mr. Miller noted the property next to them is now zoned residential; so they would have to come before the Board to ask for a new zoning classification; and at that time, they were going to come under the 1987 Code definition. Commissioner Carlson advised it would be all the Codes; with Mr. Miller advising they understand that.

Commissioner Voltz inquired what is monitored; with Mr. Miller responding the Health Department does a facility inspection to make sure the facilities are up to health and human standards; they have chosen to waive the square footage requirement for the past 18 years; the residents live in dormitory situations; and providing the dormitories are kept clean with no debris on the floor and up to living standards, the Board of Health has set the capacity at 68 people. He advised the Ranch currently has 55 residents, but the capacity is set at 68.

Commissioner Colon inquired how many folks are legally supposed to be there; with Mr. Miller responding 68. Commissioner Colon inquired is that per the State; with Mr. Miller responding it is per the Brevard County Health Department and their occupational license. Commissioner Colon inquired if that is based on square footage; with Mr. Miller responding there is no square footage requirement in it. Mr. Miller reiterated the occupational license says 68 people through Brevard County Health and Human Services. Mr. Rusnak stated he spoke with the Health Department yesterday; the 68 people is based on the size of the septic tank and not the square footage requirements or things like that; and they have never been given an operating permit, but have been given a sanitary inspection, which means they meet basic sanitary conditions. He stated they also have a permit for a commercial kitchen; but they never have been given the operating permit through the Health Department, which would be a higher standard. Commissioner Colon stated her concern is to make sure there is a legal number there and they are not be crammed in. She stated they really need to get to the bottom of that because there are questions about how many are there; this applies to all institutions that are allowed in the County; that is why the Board is watching this so carefully because a precedent is being set; and she definitely wants the Board to find out as far as the square footage, how it is allowed with other institutions and similar housing, and how many folks would be legally allowed, which is a number that nobody seems to be able to get her. She stated she wants to know in regard to the things that were mentioned about certain criteria for the folks that should be allowed at the Ranch; the Board has a responsibility to determine clearly so that Mr. Miller and everyone else knows exactly the folks that would be allowed in this kind of facility because that is still not clear; and when this comes back to the Board, these are the things that need to be pretty specific because she would hate to have folks coming time after time. She stated a CUP is something that is good because if an institution violates any of the regulations that have been put forth, then the Board is able to take away the CUP; this applies to any institution that is not complying, not just Resurrection Ranch; and these things need to be clear-cut so everyone knows where they stand. She stated right now it is uncomfortable for both sides; so those are things that she would like to be clear.

Commissioner Carlson stated if the Ranch chooses to become a conforming use under the Code, then the more restrictive of the square footage and the septic tank requirements will determine how many resident it can have; right now it is based on the septic tank size; but the Code calls for square footage.

Commissioner Voltz stated Mr. Rusnak measured the facility; and inquired what number would they be allowed to have according to the measurements he took; with Mr. Rusnak responding he is still digesting all the information. Mr. Rusnak stated Resurrection Ranch was very accommodating; he went out last Thursday and Friday to measure the buildings; and he drew up a rough idea of what the square footage is. He stated it would be beneficial to both sides if he continued to work to make sure the numbers are correct; he thinks their commercial kitchen is small and would have the effect of limiting the number of residents; and if the Code was read literally, it would have the effect of having approximately 20 residents. He stated they may be able to do things; the most recent site plan showed that they are constructing a kitchen; but it is not quite constructed yet; so there are some issues that he will be able to work out and demonstrate in the staff report. Commissioner Voltz stated she knows the residents have been asking for the square footage for quite a while; and inquired why is it just now being accomplished. Mr. Rusnak stated Mel Scott did a site visit and came up with some numbers; but he was not comfortable relying on what Mr. Scott had and being in a position to respond to that information as accurate to the best of his knowledge; so he felt for the sake of all parties involved that it would be better to actually take the numbers himself to see what he would come up with; and that way he can respond to the Board personally. Ms. Busacca advised when Mr. Scott went out and did the numbers, he assured that he had been there, had seen the tape, and it did meet the requirements; as part of the mediation, after four hours, there were two agreements; one had to do with buffering; and the other had to do with Mr. Rusnak going out and re-measuring; so Mr. Rusnak was at Resurrection Ranch on December 9 and 10, 2004 to re-measure; and prior to that, they were relying on work that had been done by Mr. Scott.

Jinger Knox stated she is speaking on behalf of her neighbors who are present today; they have been to mediation four times; and they have come up with two points. She stated one is buffering; if they get to expand into another part of their facility, they would like them to agree to buffering; and the other issue was to get the square footage, which they have been asking about for eight months. She stated another mediation is not going to help; the new definitions from 1986 that would make this a nonconforming use would allow violent felons, which the neighbors are uncomfortable with; the Ranch has already said it intends to get rezoned; and that will bring them back to the same position because then they will be going under the current 1987 Code. She stated if they say today that they want to be a nonconforming use, the Board needs to look at the definition a little further, which says they must be State licensed or approved by the County Department of Health and Human Services because there is no longer such a department in the County, which would bring them back to State licensing. She stated if the Board is going to make them a nonconforming use, direction is needed today because going to mediation without more direction from the Board is going to be a waste of time; when they get to mediation, they will be working on if the Board says this or if the Board says that; and they will have no set of guidelines to go on. She stated the Board will need to say it is going to be a nonconforming use or that it will be rezoned to IN-L or IN-H; and they need a list of things to guide the mediation. She stated if they are going by the 1986 definition and are going to nonconforming use, then they need to be State licensed; there is no longer a Department of Health and Human Services; and all they have had is a sanitation inspection. She stated in 1997, they stopped being licensed by the Department of Health and Human Services, although they were at one time; so they were conforming and in compliance at one time; but they are no longer in compliance. She stated if the Board is going to direct them to go back to mediation for the next three months while it allows them to have violent felons there and continue the DOC contract under that definition, then it should take the definition literally and require State licensing at this time. She stated the same square footage requirements were in the 1986 Code as there are now; so if they are going by the 1986 Code and saying they are nonconforming, then the County needs to go with the square footage requirements that were also in that Code. She stated the Board cannot say it has been working on this for eight months; they have gotten nowhere in mediation because they do not have a clear guideline of what they are going for; and that is why they are here today. She stated if they want to go for IN-L, then that is what they should go for; and the Board should hear the rest of the people speak. She stated there is a lot of information the Board is not getting from the process that the neighbors have to give the Board; mediation is just prolonging the situation more; and the neighbors feel it is a situation that needs to be taken care of.

Chairman Pritchard stated good points were brought up by both sides; yet there is new information; and the new information clouds the points. He stated his concern is further comments are going to be more emotional than factual; and inquired with the new information, where does the Board lie in being able to provide guidelines. Mr. Knox stated he thinks mediation is in order; he does not think institutional zoning is going to help Resurrection Ranch; he, Ms. Busacca, and the Zoning staff have been over it; and he does not think the rezoning will accomplish what they want to accomplish. He stated it is going to require changes to the Ordinance in order to come to some sort of arrangement that will make everybody happy; and recommended getting back to a mediation setting to try to get both sides to come to some sort of agreement that would be satisfactory to both sides, and then try to work that into an amended Ordinance that the Board would adopt to accommodate that kind of an agreement. He stated there is fruit to be had with more negotiation; if the Board does not do that, it is going to be a legal battle; and where that will come out, no one knows. Chairman Pritchard stated the only concern he has about giving such an open-ended guideline is that it is the same as trying to determine science by consensus; it is what it is; and if the regulation based on new information says this, then he is not sure how mediation can change a this to a that.

Mr. Rusnak stated Ms. Knox has some valid points; the Board may prefer a staff report to provide more detail as to the different options; the Board has heard a couple of options today; one is that the Board might potentially consider the Ranch a nonconforming use; Mr. Knox has said that potentially mediation could occur to change the Code; and suggested the Board may want to move this a couple of weeks ahead to get a staff report, which along with the new information, could crystallize the options. Chairman Pritchard stated that makes more sense than just going back with an open-ended guideline toward a mediation that would return in six months with both sides wondering where it is they have not been able to get to; clearer direction is needed as to what the options would be; and once the Board decides what the options are, it can either be given back to mediation or the Board can say this is what is going to be done.

Commissioner Carlson stated when this item first came to the Board, the concerns she had were about oversight, based on the complaints from the community in terms of the residents; and inquired if there is legal oversight. She stated she understood that the Health Department had gone out there; but there is no actual State oversight for something like this; and inquired if there is a State license for this type of facility or does the State just leave it to the County to provide oversight. Mr. Rusnak stated the Health Department indicated that under certain circumstances it could provide the Ranch with an operating license. Commissioner Carlson inquired what circumstances; with Mr. Rusnak responding he was given the impression the Ranch could possibly obtain an operating license from the Health Department. Commissioner Carlson inquired how soon could staff bring back a menu of options so the Board can pick and choose; and stated part of the problem now is that the Ranch is nonconforming; even if it goes for vesting, it is going to be nonconforming; and if it wants to expand it will have to go through rezoning. She stated it is best to bring back a menu of options so the Board can figure out what is best for both sides; and that might be the only option since there does not seem to be acceptance of another mediation at this time. She stated from that point on, there will be a clearer understanding of the issues; then the Board can say what it wants and both sides will understand the rules and go to mediation with the rules there; and that may be the best route.

Ms. Busacca stated she does not believe that they will get as far as they would like unless there is direction from the Board as to whether Resurrection Ranch needs to change its current operations or whether it can continue as is; if it continues as it is, then the Ranch may prefer to go for vested rights or do a nonconforming use; but if the Board says no, then it has heard from the neighbors and may need to make some changes. She stated staff can come forward with some mechanisms for change; and direction from the Board would be helpful for all parties.

Commissioner Voltz stated since the Ranch is a nonconforming use and is operating as a nonconforming use, that is the way the Board needs to treat it; and whatever happens from that point on, then the Board will have to deal with it.

Commissioner Scarborough stated he is not going to speak to all the legalese because it is very complex; but he would not like the Board to lead in the direction where somehow institutional zoning could incorporate convicted felons and bring them into residential neighborhoods. He stated that would be something contrary to everything the Board has done; in the new institutional zoning, the Board prohibited the location of churches in certain areas because that is not conducive to a good neighborhood; and if a church bringing people into the area in greater numbers is not conducive to a good neighborhood, then bringing felons in to live and wander the streets is certainly not within that context.

Commissioner Carlson stated if she had to pick four things to give direction on, they would be to get rid of forcible felons, look at the number of residents, look at buffering the residential area, and licensing for oversight purposes. She stated those are the biggest things the Board has heard over and over from the residents who are concerned about their safety and the expansion of a nonconforming use; the issue is convoluted; the Board does not know what would happen if it did go to court or through some form of vesting; so it is really up in the air; but those are the areas that staff needs to look at in drawing up the options.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to direct staff to work on four issues relating to Resurrection Ranch: forcible felons, buffering from residents, licensing for oversight purposes, and the number of residents based on square footage or septic tank size; and return a report to the Board.

Commissioner Carlson inquired if she is off base in requesting staff look at these items; with Mr. Knox responding they are fine.

Commissioner Scarborough stated he has a problem with the definition of forcible felons. Commissioner Carlson stated it could be forcible felons or felons in general; with Commissioner Scarborough stating if it is for felons in general, he can support the motion.

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

Chairman Pritchard inquired when the report will be coming back; with Mr. Rusnak responding he can bring it back by February 8, 2005. Chairman Pritchard inquired if it could come back in January; with Ms. Busacca responding there are already marathon meetings scheduled for January 11 and 25, 2005 as well as five workshops in the month of January.

PUBLIC HEARING, RE: RESOLUTION AND INTERLOCAL AGREEMENT WITH CITY OF
TAMPA FOR ISSUANCE OF VARIABLE RATE REVENUE BONDS (VOLUNTEERS OF
AMERICA PROJECT)

Chairman Pritchard called for the public hearing to consider a resolution and interlocal agreement with City of Tampa for issuance of variable rate revenue bonds (Volunteers of America Project).

There being no comments or objections, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution approving issuance of a portion of the proceeds from the not to exceed $4,000,000 City of Tampa, Florida variable rate revenue bonds (Volunteers of America Project), with respect to the portion which is to be used in Brevard County, pursuant to Section 2147(F) of the Internal Revenue Code of 1986; approving the form of and the execution of an Interlocal Agreement; providing certain other matters in connection therewith; and providing an effective date; and execute Interlocal Agreement with the City of Tampa, Florida. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE VI, ZONING
USE TITLES

Chairman Pritchard called for the public hearing to consider an ordinance amending Chapter 62, Article VI, Zoning Use Titles.

There being no comments or objections, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt an Ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Article VI, Division 4, Subdivisions II, III, IV, V, VI, VII, VIII, & IX; specifically amending Sections: 62-1331(1)(A)(B) & (3) “General Use, GU”, 62-1332(3) “Productive Agricultural, PA”, 62-1333(1)(B) & (3) “Agricultural, AGR”, 62-1334(3) “Agricultural Residential, AU”, 62-1334.5(3) “Agricultural Rural Residential, ARR.”, 62-1335(1)(B) & (3) “Rural Estate Use, REU”, 62-1336(1)(B) & (3) “Rural Residential, RR-1”, 62-1337(1)(B) & (3) “Suburban Estate Residential Use, SEU”, 62-1338(3) “Suburban Residential, SR”, 62-1339(1)(B) & (3) “Estate Use Residential, EU, EU-1 and EU-2”, 62-1340(1)(B) & (3) “Single-Family Residential, RU-1-13 and RU-1-11”, 62-1341(1)(B) & (3) “Single-Family Residential, RU-1-9”, 62-1342(1)(B) & (3) “Single-Family Residential, RU-1-7”, 62-1343(1)(B) & (3) “Single-Family Attached Residential, RA-2-4, RA-2-8 and RA-2-10”, 62-1371(1)(B) & (3) “Low-Density Multiple-Family Residential, RU-2-4, RU-2-6 and RU-2-8”, 62-1372(1)(B) & (3) “Medium-density Multiple-Family Residential, RU-2-10, RU-2-12 and RU-2-15”, 62-1373(3) “High-density Multiple-Family Residential, RU-2-30”, 62-1401(1)(B) & (3) “Rural Residential Mobile Home, RRMH-1, RRMH-2.5 and RRMH-5”, 62-1402(3) “Single Family Mobile Home, TR-1 and TR-1-A”, 62-1403(3) “Single-Family Mobile Home, TR-2”, 62-1405(3) “Single-Family Mobile Home Cooperative, TRC-1”, 62-1481(3) “Restricted Neighborhood Retail Commercial, BU-1-A”, 62-1482(1)(C) “General Retail Commercial, BU-1”, 62-1483(1)(C) “Retail Warehousing and Wholesale Commercial, BU-2”, 62-1511(3) “General Tourist Commercial, TU-1”, 62-1512(3) “Transient Tourist Commercial, TU-2”, 62-1541(3) “Planned Business Park, PBP”, 62-1543(3) “Light Industrial, IU”, 62-1544(3) “Heavy Industrial, IU-1”, 62-1571(3) “Environmental Areas, EA”, and 62-1572(3) “Government Managed Lands, GML”, to update the terminology for certain use titles; 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. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REZONING APPLICATION BY EARL J. AND DENISE BROOKES-
HOLMES FOR PROPERTY ON OHIO STREET, SOUTH OF US 192

Chairman Pritchard called for the public hearing to consider a rezoning application by Earl J. and Denise Brookes-Holmes for property on Ohio Street, south of US 192 from RU-1-9 to RR-1 with a binding development plan limiting the site to three horses.

Commissioner Colon stated she has not been successful in contacting any of the neighbors.

Earl Brookes-Holmes stated he talked to the Kellys who live next door to him; their only complaint concerned his pine tree that was dripping sap on their truck; and he had no objection to horses. He stated the other neighbor had no problem with the rezoning. He stated Mr. Kelly told him he received a letter, so other people also received letters; and he did not go directly behind him to talk to the neighbor; but he talked to the man building a pond there, who has no objections. He stated he knows letters were sent out to the neighbors; and nobody has responded so he does not understand why this needs to be prolonged.

Commissioner Colon stated she is not ready to support this; these kinds of rezonings are serious because they change the character of the community; and it is necessary to be careful. She stated she would like to bring this item back at the end of January, although she knows this is not something the applicant is comfortable with; but she is not comfortable with changing the character of the neighborhood now. She commented on the possibility of other alternatives; and stated just because someone requests a rezoning does not mean they will necessarily get it.

Commissioner Carlson stated she is prepared to vote on the item today; she agrees when RR-1 is put into a residential community, it can potentially change the character; and the Board has already voted for denial of those because of the intrusion and incompatibility of it.

Zoning Manager Rick Enos stated there is no other means of getting a permit for a horse other than the action that is before the Board.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to continue the public hearing to consider a rezoning application by Earl and Denise Brookes-Holmes for property on Ohio Street, south of US 192, to January 25, 2005. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REZONING APPLICATION BY THE GREAT OUTDOORS PREMIER
RV/GOLF RESORT AND LYNN R. HANSEL, TRUSTEE FOR EXPANSION OF THE
GREAT OUTDOORS RV PARK

Chairman Pritchard called for the public hearing to consider a rezoning application by The Great Outdoors Premier RV/Golf Resort and Lynn R. Hansel, Trustee for expansion of The Great Outdoors RV Park.

Interim Planning and Zoning Director Robin Sobrino advised there is a request for the item to be tabled to allow the DRI amendment process to catch up to the rezoning application and the Comprehensive Plan amendment. She recommended the item be tabled to the January 25, 2005 Board meeting.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to continue the public hearing to consider a rezoning application by The Great Outdoors Premier RV/Golf Resort and Lynn R. Hansel, Trustee for expansion of The Great Outdoors RV Park to the January 25, 2005 Board of County Commissioners meeting. Motion carried and ordered unanimously.

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

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 62-2257, ZONING
REGULATIONS COVERING LIGHTING STANDARDS

Chairman Pritchard called for the public hearing to consider an ordinance amending Section 62-2257, Zoning Regulations covering lighting standards.

Commissioner Carlson stated the reason the accent lighting ordinance came to be was because of The Avenues, the new mall in Viera; it is fine because the Board waived some requirements for it; but staff wanted to work with FIT on the impact of light pollution. She stated the BCAC had some concerns about that; and she would prefer to table this to February to give staff time to work on the item.

Commissioner Scarborough inquired if anybody needs this in a hurry; with Interim Planning and Zoning Director Robin Sobrino responding no.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to continue the public hearing to consider an ordinance amending Section 62-2257 of the Zoning Regulations covering lighting standards to February 3, 2005 Board of County Commissioners meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ADOPTION OF 15TH SMALL SCALE PLAN AMENDMENT OF 2004
(04S.15)

Chairman Pritchard called for the public hearing to consider adoption of the 15th Small Scale Plan Amendment of 2004 (04S.15).

Commissioner Scarborough advised there is no District number shown on this item; and requested the District be shown in the future as it is helpful. Commissioner Voltz stated a lot of items do not have the District shown. Commissioner Scarborough stated many times he goes out and views the site; and it is helpful. Interim Planning and Zoning Director Robin Sobrino stated staff will take care of that.

There being no further comments or objections, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the Fifteenth Small Scale Plan Amendment of 2004, 04S.15, to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XVI (E), entitled the Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.

The meeting recessed at 10:56 a.m. and reconvened at 11:02 a.m.

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

CITIZEN REQUEST - LYNDA WEATHERMAN, EDC PRESIDENT AND CEO, RE: EDC
CONFIDENTIAL CLIENT PROJECT #(03/04) 8-3-36-RD

Chairman Pritchard stated this is concerning an EDC confidential client.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve a financial support incentive for EDC Confidential Client Project #(03/04) 8-3-36-RD (Fleet Ballistic Missile Post Production Center of Excellence Program.)

Lynda Weatherman, EDC President and CEO, stated she will give a briefing on the EDC’s role with this project; and then will introduce Jeff Trone, who is the Director of Economic Development Initiatives and the Strategic Missiles Planning Program. She stated the Board was given a project summary and background on the project; and the second page of the handout shows the number of jobs and the new increased jobs of the proposed facility and the incentive programs being looked at on behalf of the client. She stated they have been working with the Lockheed Martin Denver office since June 2004; and the EDC worked closely with Enterprise Florida, which is the State’s economic development arm, and the Air Force to identify potential sites and applicable State and local incentives. She stated the EDC subsequently sent Lockheed Martin several potential site locations including three existing sites and one built to suit location, both on and off Cape Canaveral Air Force Station. She stated the EDC conducted an economic development modeling program to illustrate the impact of the Lockheed Martin project on Brevard County and Florida, including the impact of new jobs as well as job loss impact if Lockheed Martin were to leave Brevard County for this particular project; they coordinated many meetings with Lockheed Martin; and they are here today to provide an in-depth briefing on the project and talk about the next steps. She introduced Jeff Trone.

Jeff Trone, Director of Economic Development Initiatives for the Strategic Missile Program of Lockheed Martin, stated his former title was Director of Real Estate, but economic development has become such an important issue within aerospace that a separate position has been created for it. He stated the program today is the fleet ballistic missile program, which is the Trident missile program that is launched from submarines; and he has a brief technical overview and an explanation of why they are in the position they are in. He stated the first chart is entitled Aerospace Investment Profile; it shows where the aerospace industry is now; the major customer is the U.S. Department of Defense; and the margins it pays are relatively low, in the 8 to 10% range. He stated capital, however, comes from the other side, Wall Street; and the capital analysts on Wall Street say the margins are too low. He stated they tell Wall Street it is government business and those are the margins one gets; the cash flow is good, but historically it has not been a high margin business; and the answer from Wall Street is that investments are far too high. He stated the Department of Defense customer has the opinion that its investment is far too high, and it wants more private investment, similar to commercial ventures; so it is a business where there is a lot of work out there, but it is difficult to justify the investment based on the margins one can get, which is where the EDI program comes in. He stated they have begun partnering with local and state governments where the facilities are located to try to put some of the infrastructure in place and eliminate some of the capital investment on the front end of the program; and the next chart concerns the Cold War triad and goes on to the program. He stated there were three means of defense against the Russians, surface launch missiles from ground bases in the United States, aircraft launched missiles from bombers, and the most effective deterrent, submarine launched missiles, which could be stored on a submarine that could stay down six months to a year and then fire the missiles after a conflict; and it is a very virulent weapon as each submarine carries enough fire power to destroy most of Europe. Mr. Trone stated the next chart breaks out the program; the key element is the General Dynamics submarine; and Lockheed Martin services the Trident missiles that go on the submarine. He stated the next chart illustrates a successful partnership; Lockheed Martin has controlled this program since before the Kennedy administration when the program started in 1955 in the Eisenhower years; and another contractor has never been selected to maintain the nuclear weapon fleet. He stated the next chart shows six generations of strategic deterrents; and it outlines the program since it started in 1955. He stated the part they are talking about right now is the Trident 2D5 missile; it will be in service in 2005 and is expected to be in service until 2045; and the Navy seriously needs a facility to maintain this hardware and keep it in service. He stated to do that involves significant cost; right now the engineering is done in Sunnyville, California in a very high cost environment; and the program put forth by the Navy and endorsed by Lockheed is to consolidate all the work at the location where the submarine comes in, and have engineering and maintenance of the missiles done right on site as the submarine comes in. He stated the three bases that do this are in Cocoa Beach; Kings Bay, Georgia; and Seattle,
Washington; they are reviewing all three sites for what infrastructure can be made available to lower the overall cost of the program; and the best overall cost that can be delivered to the Navy will be the site that is recommended, subject to technical concerns. Mr. Trone stated cost is a big factor; and that is why they are here today seeking support from Brevard County and the State of Florida in locating the facility at Cocoa Beach. He stated the next chart is an outline of the job projections; these are very highly technically skilled jobs; they pay very well; there are 290 jobs currently in the County that pay $70,000 in salary a year plus full benefits; they would be retained if this site is selected; but they will be lost if the project goes to Kings Bay, Georgia or Seattle, Washington. He stated in addition 160 engineers would be moved from California or hired in the local market; those jobs pay $74,000 a year plus full benefits on average; and there is a follow-on project that would locate some manufacturing in the area, which would be another 85 employees at approximately $75,000 a year. He stated there is also a significant Naval support staff that goes along with servicing the submarines, and that will stay in the area versus going with the program to another area.

Commissioner Voltz inquired what is the motion specifically. She stated she knows it says financial support; but there is a cost; and inquired about Commissioner Scarborough’s intent. Commissioner Scarborough stated the Board is in a posture to step up to the plate and go to the next place or not; there is a State component; and Ms. Weatherman is talking about how the County will become a part of the State component. He stated if the Board wants to get into those issues, Ms. Weatherman would be the one to answer those questions. Commissioner Voltz stated Ms. Weatherman requested the County tie its funding to State funding, and she wants to be sure that is part of the motion.

Ms. Weatherman stated traditionally the County Commission as far back as the Delta 4 has provided a tax abatement program and it has worked well; and that dovetailed with the Qualified Defense Contract State program as well as the Qualified Target Industry program; but there is a different situation here in that the buildings that will be located will be on federal property; and thereby the tax abatement would not apply. She stated the County is left with providing a cash incentive for retaining the company; and suggested making the cash incentive conditioned upon the Governor’s Closing Fund, which is another cash incentive. She stated basically it is doubling; if the County is providing a cash incentive, it should look to the State to be an equal partner providing cash too; and that would help provide the match needed for the Government Qualified Defense Contract (QDC) money. She stated the amount is determined on the wishes of the County Commission. Commissioner Voltz inquired what would Ms. Weatherman recommend; with Ms. Weatherman responding she would recommend that it be contingent on providing that the State of Florida’s Governor’s Closing Fund provide an equal cash match too; that shows that the County is equal partners with the State; and it is direct cash that Lockheed Martin could provide as well as the QDC, which has already been discussed and is an off-the-shelf program. Commissioner Voltz stated she was talking about a dollar figure; and inquired if the Board is looking at $50,000 or $60,000. Ms. Weatherman stated if the Board is looking at a number like that and requests that it be matched by the State, that doubles the amount of money; and the Board may consider tying it to the length of the QDC, which can go on for about four years. She reiterated traditional incentives are not going to work in this case; the Board
could be creative in other areas; but fundamentally it is looking at providing a cash match and matching it with the State, so there will be a bigger cash flow that Lockheed Martin could then apply, at its discretion, for infrastructure improvement or the QDC.

Commissioner Carlson inquired if the Board is talking potentially about $50,000 a year; with Ms. Weatherman responding yes, for four years and it would be tied to the QDC program. Ms. Weatherman advised there has not been a determination from the State how long the QDC program would be; it could run from four to six years; the amount of money could be more; and it is a determination of the Board as to how much it wants to invest in a program like this. She stated Lockheed Martin may want to make comments; it is dealing with other sites; and it may be helpful to hear its response to the offerings. Commissioner Carlson inquired if the Board decided today that is the avenue it wanted and then realized that it was not enough, would it then require Ms. Weatherman to come back and ask again; with Ms. Weatherman responding Lockheed Martin would have to comment on that.

Assistant County Manager Peggy Busacca requested the Board identify the area that money would be taken from, such as Contingency.

Mr. Trone stated though the money comes through Lockheed Martin, the ultimate beneficiary is the Navy under federal acquisition regulations, so the savings is to Naval personnel in the end; they run a competitive procurement; and they will look at what each area offers and sit with the Navy customer to make the final decision on technical versus cost. He stated he cannot guarantee if the County appropriates a certain amount that the Navy will make that final decision; it may decide straight on technical to come to Brevard County even if the offer is better in King’s Bay, Georgia; but if the offer in King’s Bay is better, they would go there.

Commissioner Carlson inquired if this is a one time shot with Mr. Trone taking it back, talking to others, and then a decision is made without any other choices on the part of the Board. Mr. Trone responded they are looking for a decision in the first quarter of the next year; and he would envision it would be a go/no go decision.

Chairman Pritchard stated Commissioner Scarborough’s point is this gets the County to the table.

Commissioner Scarborough stated Ms. Weatherman checked out the Congressman from King’s Bay; and he has some clout, so things are not necessarily easy. He stated the money would probably not be the critical straw, but it would indicate that this community is interested and would bring the State into a greater involvement; and those signals may be critical in discussions. He stated the County has lost things in the past to other areas of the country; it is in a posture of having things; there have been more Navy launches than any other launches by some measure; and the Board would probably need to get a briefing to understand the complexity of the Navy’s involvement, but it is one of the understated programs. He stated the Titan program is closing down; people are going to be relocated by Lockheed Martin out of the community because of that program; these times are not easy; and if Brevard County wishes to remain a viable player, it needs to send the right signals. He stated this is a direct statement at the right time and the right place; and that is why he made the motion.

Commissioner Voltz stated the Board needs to clarify whether it is giving $50,000 or $60,000 and that it is including all the information Ms. Weatherman provided regarding the State and tying the money to the State, so there is a definite number. She stated this is not just losing 160 new jobs but the 290 jobs that are already here, plus everything else; and it could be disastrous to the area, so it is important to tie that money to it. She inquired if Commissioner Scarborough would like to put a dollar figure in the motion. Commissioner Scarborough inquired is there a dollar figure; with Commissioner Voltz responding it is up to the Board. Commissioner Scarborough stated he heard $60,000; in doing the budget, the Board moved another $100,000 into the Reserves without designating it; and that is the easiest place to move it from at this juncture. He stated it is contingent on a number of things coming together; and he hopes the Board continues to get reports as it progresses. Commissioner Voltz stated that would also be part of her second.

Commissioner Carlson inquired if the motion includes that there would be the cash match from the Governor’s Closing Fund; with Commissioner Voltz responding yes. Chairman Pritchard stated it is all pending the cash match.

Ms. Busacca inquired about a time limit. Commissioner Scarborough inquired if the time limit is a critical element now. Chairman Pritchard inquired why does the Board need to commit to three, four, or five years; and can it not just commit to the initial $60,000 pending State match, and then take it from there if it is successful. Ms. Weatherman advised if the money is applied by Lockheed Martin to the QDC program, that is a program provided by the State of Florida that runs a number of years, so this would help provide that match for each year. Commissioner Scarborough inquired how many years are needed; with Ms. Weatherman responding the State has not determined that; but it could be four to six years. Commissioner Scarborough stated he is going to say five years to get the County into the ballpark.

Chairman Pritchard stated that gets the County to the table; it is all part of the motion now; and called for a vote on the motion as amended. Motion carried and ordered; Commissioner Colon voted nay.

PUBLIC HEARING, RE: ORDINANCE FOR 2004A COMPREHENSIVE PLAN
AMENDMENTS SUBMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS

Chairman Pritchard called for the public hearing to consider an ordinance for 2004A Comprehensive Plan Amendments Submittal to Department of Community Affairs. He stated amendment 2004A.1 has been withdrawn; and 2004A.2 is a proposal to modify Policy 12.6 of the Future Land Use Element concerning public schools and water facilities.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Amendment 2004A.2. Motion carried and ordered unanimously.

Chairman Pritchard stated the next amendment is 2004.A.3. Planner Todd Corwin advised the amendment was withdrawn by the applicant. Chairman Pritchard stated the next amendment is 2004.A.4, which is a proposal to amend the Comprehensive Plan along Riveredge Drive in the vicinity of Titusville.

Commissioner Scarborough stated this particular area is south of Titusville along a road that approximately 50 years ago was the main thoroughfare before US 1 was built to the west; and it was commercial and had very eclectic zoning classifications. He stated as development pressures occurred, the County was questioned as to why it did not have any plan there; and the County developed a plan. He stated simultaneously the City of Titusville did a great deal of work; and conceivably this could evolve into a joint participation agreement, with the County consenting to the incorporation of the area into the City. He stated the City and the County have been working on the area; and it has come a long way in a short while.

Cyril Brown stated he lives with his wife on Riveredge Drive; for two years, they have been attending meetings on the issue of the zoning of Riveredge Drive; and they are finally seeing the light at the end of the tunnel with this adoption at two single-family homes per acre. He stated they see all the points about the density and traffic that would be involved with anything other than that; and they had an example of that with the hurricane, when there was a power line down across the road, and for two days nobody could go down Riveredge Drive. He stated he can imagine what would have happened had the traffic been much more dense; those who did go down the road had to skirt around the power line and get back on the road after going through someone else’s property; so due to that and other issues, they would be against anything more dense. He requested the Board adopt the plan as suggested, at two single-family homes per acre.

Laura Ward displayed a map of the area; and stated this has gone on for two years. She stated with the adoption of this amendment, the Board is recognizing that Riveredge Drive is no longer US 1; it is a dead-end street with uses that are primarily single-family homes now; and that is where the market trend is going. She stated the Board would be recognizing that everyone’s value goes up when there is consistency and compatibility in the neighborhood; in the past, the zoning and land use maps look like a hodgepodge on Riveredge Drive; and that does not reflect what is actually happening there. She stated the last home on the street, which is at the end of the street in a gated community, sold for $660,000; and that is the kind of neighborhood this can be if the amendment moves forward in the right direction. She thanked the Board for encouraging the City of Titusville to do some planning in that area; and stated through the Board’s actions with the Comprehensive Plan amendments, it got things rolling, and the City came to the neighborhood, held neighborhood meetings, and did small area planning. Ms. Ward stated they hope with the adoption of the Small Area Plan, that this can move to the next phase, which is the joint planning agreement, and that the small area plan can be incorporated into the JPA, which the City and the County are already discussing.

Rose Easley stated she lives on Riveredge Drive; and thanked the Board for conducting the study on Riveredge Drive to amend the Comprehensive Plan. She stated the Comprehensive Plan amendment would protect the Indian River Lagoon from further business and high-rise development; she lives at the north end of this dead-end street; and every car that goes down the street must pass her house to get out. She stated as Mr. Brown said, when the road was blocked, people went through her front yard and tore it up terribly; since the restaurant opened two years ago, she has noticed a large increase in traffic; there are no sidewalks on the road; and there are large trucks that service the restaurants. She stated she knows they cannot get rid of the restaurant; but they are asking that no more businesses be developed on Riveredge Drive; and their request is strictly to keep the traffic down to a minimum. She stated the newest development, Riverwoods, is a large multifamily development with access to Riveredge Drive; and US 1 and she hopes the Riveredge access is just for emergency vehicles. She stated the old road had a lot of businesses on it when it was old US 1; but it is clearly not US 1 any more; and all the businesses are being converted into residences. She read aloud from a letter from Mrs. Pontius, who purchased a business property and converted it to a single-family house, thanking the Board for helping to update the zoning on Riveredge Drive and keep it consistent with the growth of single-family homes on the street.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Amendment 2004A.4; and grant permission for Commissioner Scarborough to write to the Mayor of Titusville, on behalf of the Board, thanking the City for its cooperation and advising the County looks forward to working with the City on the joint planning of the area. Motion carried and ordered unanimously.

Chairman Pritchard stated the next amendment is 2004A.5, which proposes to amend the Comprehensive Plan along Indian River Drive.

Commissioner Scarborough inquired if anyone is speaking in opposition to this item; and no response was heard.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Amendment 2004A.5 and adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County; entitled “The Comprehensive Plan”, setting forth Plan Amendment 2004A; amending Section 62-501, entitled Contents of the Plan; specifically amending Section 62-501, Part XI, entitled the Future Land Use Element; specifically Amending Section 62-501, Part XVI(E), entitled the Future Land Use Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing severability clause; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST FOR VESTED RIGHTS DETERMINATION FOR ISLAND
COMMUNITY DEVELOPERS IMPACT FEE CREDIT

Chairman Pritchard called for the public hearing to consider a request for vested rights determination for Island Community Developers impact fee credit.

Attorney Patrick Roche, representing Island Community Developers, Inc., stated the gentleman who will make the presentation this morning is the Vice President of Island Community Developers, Inc., Bo Bar-Navon.

Commissioner Scarborough stated when he was briefed by staff, the feeling was that this may be appropriate; and inquired what is Chairman Pritchard’s opinion. Chairman Pritchard stated he agrees.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant request for vested rights regarding impact fee credits for an access road for Island Community Developers, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 14, ANIMAL ENFORCEMENT
REGULATIONS

Chairman Pritchard called for the public hearing to consider an ordinance amending Chapter 14, Animal Enforcement Regulations.

Chris Streeter thanked the Board for reviewing the issue; stated the inception of the committee was almost a year ago; and he, Animal Services and Enforcement Director Craig Engelson, and the other committee members dedicated quite a bit of time to put a good proposal before the Board. He stated he understands that changing an ordinance can be a lengthy and difficult process; the way the Ordinance reads now has been a good work in progress; and he and Mr. Engelson had a good open dialogue and discussion concerning what constitutes a dog at large. He stated a dog getting out of a chainlink fence is simply a dog at large; a dog let out of a front door with no fence is a dog at large; a dog that is on an improperly maintained electronic fence is a dog at large; and they fully agree that each individual situation should be handled as an individual situation. He stated putting something into the Ordinance specifically guidelining electronic fencing or pet containment systems would give the County the ability to regulate it more effectively; and it is now before the Board. He stated they have already been implementing a lot of the points in regard to easements on public rights-of-way, posting signs to notify neighbors and the community that the systems are in effect, and never using or recommending the products be used for a dog demonstrating any aggression or a threat to a person or another animal; he knows the systems can be an asset and can work effectively for the County; he knows some of the Commissioners have been contacted by clients, and veterinarians who swear by these products and use them themselves; and hopefully that has give the Board more confidence that there are good merits for these. He stated almost 2,000 County residents, taxpayers, and citizens effectively rely on the systems every day for safety and wellbeing of their own animals; every veterinarian in the County recommends these products to their clients as do personnel and staff with Animal Services, ASPCA, and the Humane Societies; and he would be more than happy to offer his services to do some educational seminars to the staff at Animal Services to better educate them as to the products, uses, and things to look out for. He stated he hopes that by working more closely with the County and with Animal Services, they can improve the relationships of residents and offer a more reliable means of helping residents insure that their pets stay home and out of trouble.

Motion by Commissioner Voltz, to adopt an Ordinance amending Chapter 14, Animal Enforcement Ordinance, Code of Ordinances for Brevard County, Florida; specifically amending Section 14-36 Definitions to include containment system, and modifying the definition for insecurely fenced property; amending Section 14-49 Classification of Dogs as Dangerous; amending Section 14-55 Responsibility for Animals; and providing an effective date. Motion died for lack of a second.

Chairman Pritchard stated one of the problems with dog containment is that it is subject to failure. He stated he banged on many doors where there was a howling wolf behind the door, but people said, “Come on in, Killer won’t bite”; but there is always a fear of what might happen. He stated he reads stories all the time where different dogs attacked children and the owners claimed it was a docile dog; but the child has been destroyed; and such an incident happened recently. He stated he is always concerned about something that is not really a fence material; he has seen dogs wearing collars leap across their boundary in their excitement; about midway through the leap across the line they realize what they have done is wrong; but once they land on the other side, they are beyond the barrier and the shock part of it. He stated he worries about the neighbors walking past a house with a dog sitting outside but no visible fence, wondering whether there is a means of protecting them from the dog or there is not; so there is some concern that is inherently built into this. He stated the system requires a battery; and inquired what if the battery goes dead or what if someone puts up a sign in the yard claiming there is a invisible fencing, but all they have is a sign. He stated that is the concern he has about invisible type fencing.

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

Commissioner Carlson stated she voted against bringing this forward because she did not feel comfortable for the very reasons Chairman Pritchard pointed out; and even though it came forward, she does not have a lot of security for the systems. She stated if it were an augmentation, she would not have such a problem; but it is going to be considered a stand-alone fence and people are going to use and abuse it. She stated there are a lot of things that are unknown at this point so she is not going to accept the ordinance as it is written now; she does not know if anything can be done about some of the language; but it is a safety issue. She stated in her neighborhood, which is a wooded area, people walk; and if they walked by a certain home and heard a dog barking, they would expect to see a fence. She stated it is human nature; it is what people have been used to over the years; if they see a large dog bounding toward them, they would probably be running in the other direction even though the dog has been trained thoroughly to stop because he has a collar on; and it would only take one case when the collar was not working. She stated children will not get a jolt coming onto the property; the property would be open; and if there was a dog on the property, the dog may be more aggressive just guarding his own turf, even though it is not a dangerous dog. Commissioner Carlson inquired what would happen in those circumstances; and stated those are some of the concerns that she has, so she will not be supporting the ordinance today.

Commissioner Voltz stated she did not get a second on the motion so it is not going anywhere; and there is no reason to bring it back for further discussion since it has gone for over a year and now is going nowhere. She stated she has three dogs; she made sure that she moved into a neighborhood that allowed fences; but some people are caught in between in that they have dogs but do not like fences. She stated her neighbor hates fences; she would love for her to take her fence down; but that is not going to happen; and she guesses the committee did a lot of work for nothing.

Chairman Pritchard stated the committee did a lot of work; and he appreciates it.

Commissioner Carlson stated her appointee did a lot of work; that, in part, is some of what she read that made her question this; there was a recent episode with a child; and there are too many unknowns. She stated it may be a good implement for the dog if a person is home and there is some guarantee that there is an issue of safety there; but left on their own, a dog and an invisible fence could be a safety hazard.

Commissioner Voltz stated one thing she did not think about was if somebody comes onto the property because there is no fence; and that could be a major issue. Commissioner Carlson stated it does talk about it being posted; but if there is one house that does not get posted and one child is injured, she is not ready to take that chance. Chairman Pritchard inquired how many four-year olds can read.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to deny an ordinance amending Chapter 14, Animal Enforcement Ordinance, Code of Ordinances for Brevard County, Florida; specifically amending Section 14-36 Definitions to include containment system, and modifying the definition for insecurely fenced property; amending Section 14-49 Classification of Dogs as Dangerous; amending Section 14-55 Responsibility for Animals; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ARTICLE II, SECTION 2-73,
DEPARTMENTAL STRUCTURE, DIVIDING PUBLIC SAFETY DEPARTMENT INTO FIRE
RESCUE AND CRIMINAL JUSTICE SERVICES DEPARTMENTS

Chairman Pritchard called for the public hearing to consider an ordinance amending Article II, Section 2-73, Departmental Structure, dividing Public Safety Department in Fire Rescue and Criminal Justice Services Departments.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt an Ordinance amending Article II, Code of Ordinances of Brevard County, Florida, amending Section 2-73 providing for the Departmental Structure of County Government, providing for conflicting provisions, severability, and an effective date. Motion carried and ordered unanimously.

Assistant County Manager Peggy Busacca advised the two newest Department Directors are in the audience; and they are Shaunna Heffernan and Bill Farmer. Chairman Pritchard requested Ms. Busacca explain why this came about. Ms. Busacca stated currently there is a Public Safety Department, which has become the largest department in the County; and it was suggested by the current County Manager and the current Public Safety Director that the Department be split into two departments, Fire Rescue with Chief Farmer and Criminal Justice Services with Shaunna Heffernan. She stated this would result in an annual cost savings of $100,000 the first year; and it is expected to save $50,000 a year in subsequent years. Chairman Pritchard stated this all came about because the voters elected Jack Parker as Sheriff, which created the vacancy; and congratulated Mr. Farmer and Ms. Heffernan.

RESOLUTION, RE: AUTHORIZING PUBLICATION OF SUMMARY NOTICE OF SALE AND
PRELIMINARY OFFICIAL STATEMENT FOR ISSUANCE OF ENVIRONMENTALLY
ENDANGERED LANDS (EELS) LIMITED AD VALOREM TAX BONDS, SERIES 2005

Thelma Roper stated she is not sure whether they received the public records they requested last week from The Nature Conservancy due to the end of its contract; if they have not received them, it is a definite violation of the public records law; and EELs is required under the law to demand those records back from The Nature Conservancy. She requested the Board take no further action until those records are received and she has a chance to go through them and verify what is in them.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Resolution authorizing the publication o the Summary Notice of sale, delegation to the County Manager or designee the authority to finalize the Preliminary Official Statements and Final Official Statement, authority to select bond insurers, registrar, and paying agents, and delegation to the Chairman the authority to award the sale of not to exceed $60 million in Environmentally Endangered Lands (EELs) Limited Ad Valorem tax Bonds, Series 2005.

Commissioner Scarborough stated the Board always wants to know everything that is going on; but there are different issues; and those do not seem directly related to this item.

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

RESOLUTION, RE: APPROVING FINDINGS OF FACT FOR DENIAL OF ANTHONY
LACOURT’S REQUEST FOR CUP FOR ALCOHOLIC BEVERAGES FOR ON-PREMISES
CONSUMPTION (DIAMOND ZONE BILLIARDS FAMILY SPORTSBAR)

Everette Stephens, President of the Sunset Groves Homeowners Association, stated this the neighborhood that is directly affected by the request for CUP; they have been up and down and talked this every way it could possibly be talked; they have peeled the onion every way it could be peeled; and everything that could be discussed has been discussed, both good and bad. He stated the recommendation from the Board was to disapprove the request because selling alcohol at the only way in and out of a neighborhood is inappropriate; having an establishment open that sells alcohol until 2:00 a.m. when the predominant population of the neighborhood gets up two or three hours later to go to work is inappropriate; and requested the Board sign the findings of fact so it can get this over with.

Attorney Brad Bettin, representing the Diamond Zone, stated he came into this matter late, after the public hearing; and urged the Board not to adopt the findings of fact because in doing so the Board would be committing an error. He stated the applicant is endowed by the Constitution of the State of Florida and the Constitution of the United States with property rights; this is supposed to be a quasi-judicial proceeding; and quasi-judicial proceeding decisions are supposed to be based on evidence. He stated the record that was before the Board was full of people who were upset; there are a million different reasons why they were upset, none of which constituted facts to justify the denial of the application; and that is the issue the Board has to deal with. He stated this is not a political issue, and the fact that neighbors are upset is not sufficient to justify denial; if this was a Comprehensive Plan issue and the Board was acting in its legislative capacity, it would have every right to take that into account; but when it is dealing with property rights in the quasi-judicial realm, it is bound to deal with evidence, not feelings. He stated if the Board adopts the resolution for findings of fact, there is a strong potential for appeal; the County and the property owner will both incur attorney’s fees; and if asked, he and Mr. Knox would say they have no idea how the courts will rule.

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

Mr. Bettin stated he is comfortable with the case that he would be able to put on; this hearing is very similar to one he had a number of years ago in which the Commission polled the audience, asking people who were in favor and who were opposed to stand; and there are case after case that says that is improper. He stated from what he can see from the record, that happened in this case; and he knows there were petitions for and against. He advised he has not talked with counsel that proceeded him in this case as to why he obtained a petition in favor; but he would not recommend doing that because it does not matter if there are a million people on one side or the other if there are no facts supporting the position and no basis to act on their wishes. He stated they would like to see the findings of fact disapproved and the matter set for rehearing so there can be a single hearing which deals with the facts; and if the Board runs a fair hearing and rules on the facts, even if it rules against them, it will more than likely not hear from them again. He stated the facts do not justify denial of the application; he is not going to get into the merits; but the problems are real; and requested the Board not approve the findings of fact but instead grant a rehearing.

Chairman Pritchard stated the neighborhood is obviously very concerned about this; the people who are involved with the property are very concerned; and the situation the Board faces is that as a quasi-judicial body, it has to look at evidence and not feelings or emotion. He stated many times during the analysis and some of the court cases he read, particularly Snyder, the opinions of the residents are not factual evidence; and one cannot support conjecture. He stated to say that certain things may happen without anything to base it upon is not evidence; it is conjecture; and to assume if one plays pool, he drinks, and if he drinks, he gets drunk, and if he gets drunk, therefore he will be driving and creating problems is conjecture. He stated they need to separate what the operation is proposed to be versus the emotion from the neighborhood; and in reading through the finding of facts, the facts do not support denial and are not very factual. He stated the facts do not support all of the comments that were made or all of the information that would provide the Board with the ability to litigate and prevail, which is the most important part. He stated if the Board is going to get involved in litigation and subject the County taxpayers to a half-million dollars in lawsuit, he would like to know it is going to win; the facts that are currently presented do not give him a warm feeling of winning, but give him a great feeling of losing; and he does not want to lose. He stated if he is going to get into something, he would like to know he has a good chance of winning; he does not think the facts are inclusive of the case; he does not think they fairly represent both sides of the issue; and the Board should deny the findings and move to reconsider.

Commissioner Voltz stated she agrees; the findings of fact should be denied; and when asked, the County Attorney had serious doubts about whether the County could win.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to deny adoption of the resolution for findings of fact for denial of Anthony LaCourt’s request for CUP for Alcoholic Beverages for On-premises Consumption (Diamond Zone Billiards Family Sportsbar); and directed the request to be reconsidered.

Commissioner Carlson stated in reviewing the findings of fact, there is some factual evidence that has been brought forward to her that was not included; and that needs to be brought out. She stated for the benefit of Commissioner Voltz being new to this case, the Board needs to look at the facts one more time; she is not moved by threat of lawsuits; but she would like to be comfortable that the Board has all the information.

Chairman Pritchard stated it does not move him either; any time the Board gets involved in a situation quasi-judicial or otherwise, he would like to make sure it is on the right path; and should it come to something, he would like to have a good opportunity to prevail.

Commissioner Scarborough stated the right to bring a lawsuit when the Board errs is inherent in everything it does; to say that in itself would require a rehearing would mean the Board would either be approving or constantly rehearing; so that is difficult. He stated just looking at the findings of fact, none of it says that the public was polled or that the public had petitions; if the
findings of fact fail to state the facts as presented, then the findings of fact should be changed; and if someone wants a rehearing, there should be a statement of what facts they plan to present and some ability to demonstrate that they are going to show it to some degree. Commissioner Scarborough stated if the Board takes this measure of rehearing, it is setting a dangerous precedent, and it will consume a lot of valuable time and delay other things and other people’s rights to be heard.

Commissioner Voltz stated she does not like that the Board is causing citizens to sue it continuously; the County spends a lot of money on a weekly basis; and it gives people the opportunity to come back and sue the Board for various things. She stated one of the things in the findings of fact was that the only ingress and egress to the residential neighborhood was adjacent to the proposed CUP location; but the Diamond Zone will have its own entry directly off SR 3 and the entrance to the rest of the shopping center off Duval will be closed nightly with a crash gate, which will be reopened every morning by ground maintenance. She stated this will leave the main entry and exit in front of the Diamond Zone as the only way to enter the shopping center; and there are a number of things there that she sees as an issue that was brought up that was not really a “fact.”

Chairman Pritchard stated there is a motion to deny and reconsider, which would be at a public hearing. Interim Planning and Zoning Director Robin Sobrino advised it could be put on the February 3, 2005 agenda. Chairman Pritchard inquired if that will give the parties sufficient opportunity; with Mr. Stephens responding no. Mr. Stephens stated the last time this was discussed he provided a tape because he was unavailable; the tape was not shown because of an ambiguous statement in some of the rules and regulations on how the Board meeting was conducted; and he cannot allow that to happen again. He stated on February 3, he will be out of town; he is the Homeowners Association spokesperson and that would not be the thing to do; but if the Board can move it a week beyond that date, he will be available. Chairman Pritchard advised what he did was not ambiguous; it is what the law says; the person on the tape has to be present; and it was not done for any purpose other than to obey the rules of this organization. Mr. Stephens stated he understands that; but the wording in the regulation was ambiguous and could have gone either way. Chairman Pritchard suggested the public hearing be held on February 8, 2005; with Assistant County Manager Peggy Busacca advising that is a day meeting; but there is a night meeting on February 15, 2004 and the next zoning meeting is in March. Chairman Pritchard inquired what is wrong with February 8; with Ms. Busacca responding it is a day meeting and she does not know how many citizens can attend. Commissioner Voltz inquired if Mr. Stephens can attend; with Mr. Stephens responding that would be another day from work; he would prefer not to do that; and March would be a better time for the entire neighborhood. Chairman Pritchard stated he does not want to postpone it that far; and suggested February 15, 2005. Ms. Busacca advised that is an evening meeting. Chairman Pritchard stated it will be a time certain at 6:30 p.m.

Commissioner Carlson stated what Mr. Stephens is saying is that his information was not included in the findings of fact; and this will give an opportunity to have all information included.

Chairman Pritchard stated the Board should have all of that; the Board will not deal with emotions of the issue but the facts of the issue; and it will set it for February 15, 2005 at 6:30 p.m.

Chairman Pritchard called for a vote on the motion to deny the resolution. Motion carried and ordered; Commissioners Scarborough and Colon voted nay.

The meeting recessed at 12:02 p.m. and reconvened at 1:00 p.m.

APPROVAL, RE: ADDITIONS TO 2005 LEGISLATIVE REQUESTS

Ronald Morgan stated the request is to approve additions to the County’s 2005 Legislative Package that was previously approved by the Board of County Commissioners; and his request is related to public guardianship. He stated the Public Guardianship Task Force has been operational since September; they formed as a Task Force in August with all of the County’s elected officers involved, including the Clerk of Courts, County Commissioners, Legislative Delegation, and 18th Judicial District; and they picked up the Tax Collector later in the process. He stated they also have the United Way, the Brevard Commission on Aging, the Senior Resource Alliance, which is the agency on aging for East Central Florida, and the Florida Silver-haired Delegation; and all the interested groups in the County that supported the last public guardianship program. He stated in the legislative package, they had funding covered for the public guardianship program through previous legislation, which was rescinded in July, eliminating their funding source for the program; and the recommendation, after review by the Task Force, includes reinstituting the language in the old 28-141 and amending the language in a new Statute, 935.185, which the judicial system passed in the last session to take care of its innovative court programs, legal aid, the law library, and the juvenile justice program. He stated they also reviewed an option to come up with a specialty license plate dedicated to public guardianship; but their findings were that the receipts for the top selling license plate in the County, the Challenger plate, this year will only be approximately $30,000; and that falls short of the estimated $289,000 they were looking for. He stated they looked at an ad valorem tax increase; but finally they decided the simplest and fairest on all taxpayers was to amend Statute 318.18(13)(a), which was instituted in the last session and started collecting funds July 1 to fund the debt service on the Justice Center in Viera. He stated those funds go to the County’s General Fund; and that allows up to $15 to be charged on traffic violations and some criminal violations, and with an additional $5, it would provide over $300,000 annually to support the public guardianship program. He stated the justification is included with the Agenda item; Housing and Human Services administers the program; and they want it to continue to do that in the future and to back this particular legislation when it passes in the 2005 session. He stated they will need to amend Ordinance 04-21 to direct the Clerk to collect the funds and return them to the County’s General Revenue fund.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve additions to the Legislative Requests for 2005 for public guardianship; 211 Statewide funding initiative; increased funding for students working against tobacco; the Child Care Association of Brevard, Inc. programs; creation of local Senior Services Council; and amending annexation law to require annexing cities to assume maintenance responsibility or costs for certain roads abutting the annexed areas. Motion carried and ordered unanimously.

DISCUSSION, RE: PROPOSED CHANGES TO BOARD OPERATING POLICIES AND
PROCEDURES

Chairman Pritchard stated this item was initiated by him; and it is to change Board operating policies and procedures.

Commissioner Voltz stated on the issue of add-ons, it says 24 hours prior to the meeting; but she would like to see a Friday noon deadline before a Tuesday meeting and 24 hours before all other meetings. Chairman Pritchard stated that is what it says; and read, “no add-ons delivered, mailed, faxed, or emails for any new agenda will be accepted after Friday noon prior to a regular Commission meeting.”

Chairman Pritchard stated he would like clarification from the Board on public comments, three minutes to follow Resolutions, with a new letter/number. Commissioner Scarborough stated he would like to discuss this recommendation. Chairman Pritchard stated he personally thinks the public should be able to talk about whatever they would like to talk about; he does not want to limit public comment to say they cannot talk about a subsequent agenda item; but they will not get an answer until the agenda item is before the Board.

Commissioner Scarborough stated his problem is there are people who are coming for something that is scheduled; and if the Board hears people who have not taken the time to schedule an item come in and open public comments, that gives them preference over those persons who have items of business before the Board. He stated people come to his office; he tells them to come to the Board to explain their problem; and then the Board may ask for a staff report, which may lead to legislative intent and further action. He stated some people will be sitting in the audience with a business item; they have gone through the process; and he would prefer for the Board to hear them before hearing those who at the last moment came in and needed to talk.

Chairman Pritchard stated his thought was that frequently members of the public sit and sit until they are given their three-minute opportunity to say whatever it is they would like to say; and he thought the Board might better serve them by allowing their three minutes at the end of Resolutions, Presentations, and Awards.

Commissioner Voltz inquired when was the last time the Board had public comments at the end; and stated it is pretty rare. Commissioner Colon stated it happens all the time; with Commissioner Scarborough agreeing the Board does have public comments.

Commissioner Carlson stated that is due process; unfortunately when a person wants to comment to the Board, the public comment is at the end if it is not an issue that is pertinent to the agenda; and that is the way it works. She stated if the Board could somehow change the number 4 to things that are not on the agenda, there would be no question then that it would be potentially coming back as an item or report; and the Board might be able to okay that at the beginning. She stated otherwise, like Commissioner Scarborough said, it is a disadvantage to those who come based on when an item is being heard; and they would not be privy to discussion that happens prior their getting to the meeting. Chairman Pritchard inquired if Commissioner Carlson’s suggestion is to move public comments but restrict what the comments can be. Commissioner Carlson stated if it is something that is not on the agenda, then the Board may not want to keep them there all day and night; and it is fine and reasonable to give them three minutes at the beginning of the meeting so they can then go home. Commissioner Voltz stated that is the way it is worded; it says with the caveat that the public comments cannot address a subsequent agenda item. Commissioner Carlson stated she does not have a problem with that. Chairman Pritchard stated the Board will leave number 4 the way it is.

Commissioner Scarborough stated the CEO of Parrish Medical Center is sitting in the audience concerning two appointments the Board is going to consider later; and if the Board takes public comments from people who may have just walked into the meeting, people who have other business will have to wait longer. He stated he is not going to vote against the item but he wanted to express that again; everybody has a need to do other business; and as one person is moved up, by that action, the Board is moving someone else further down.

Commissioner Voltz stated when she said that the Board rarely has anybody who comes before it at the end of the meeting, she was thinking the people who come would normally not have a long discussion about things. Commissioner Scarborough advised it happens. Chairman Pritchard advised they would get three minutes. Commissioner Voltz stated they would get three minutes just as they do now. Commissioner Scarborough stated the Board can go in this direction and if it becomes an extended process, it can change. Commissioner Voltz stated people are used to having three minutes at the end of the meeting; it will be something people will have to get used to; and Commissioners can tell people that they now have three minutes upfront to make it easier of everybody. Commissioner Carlson stated the Board will see what happens.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve changes to Board Policies and procedures for implementation beginning January 11, 2005. Motion carried and ordered unanimously.

Chairman Pritchard stated there has been concern expressed by the Board about the volumes of paper it gets; frequently he will get a half-inch or inch of material as backup material; then during the course of the meeting, he will get the same material. He stated they have to find a way to become a paperless society. Assistant County Manager Peggy Busacca stated they will start copying back to back in January; and Gino Butto expects the paperless agenda to be ready in the second quarter, but they will have to have laptops for everyone and that type of thing. Chairman Pritchard inquired if that means they will not even be producing an agenda sheet; with Ms. Busacca responding the way Mr. Butto has described it is there will be some items that will not be able to be scanned; and those will be provided; but otherwise everything will be electronic. Chairman Pritchard stated the Board will see how it works; now his agenda is in two books; and he has another stack of supportive information that he did not bring.

Commissioner Carlson stated she pushed this issue six years ago; and the County Attorney has been successful in doing it.

Commissioner Voltz stated she brought it up at the MPO meeting that they did such a good job with everything copied back to back, and wondered why the Board could not do it.

APPROVAL, RE: ALLOCATION OF FUNDS FOR MATHERS BRIDGE REHABILITATION
PROJECT

Commissioner Carlson stated staff is going to be meeting with the community, which is very concerned about the project; it has gone out to bid, but when it comes to closing the bridge, the County needs to keep an eye on what is going on; and if there are problems, the community needs to know right away. She stated the people have been dealing with the bridge for many years; they can get off the island by other ways; but they are depending on good communication.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve allocation of an additional $1,500,000 towards the Mathers Bridge Rehabilitation Project, to cover additional construction costs at $1,000,000, engineering services at $100,000, and contingency items at $400,000; and authorize the Chairman to execute Task Order No. 4 for the Engineering Contract.

Chairman Pritchard stated the contract has a $3,200 a day penalty clause if the contractor is not successful; and the Board intends to have the project happen as quickly as possible.

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

PERMISSION TO SEND LETTER OF INTENT TO U.S. ARMY CORPS OF ENGINEERS AND
EXECUTE PROJECT COOPERATION AGREEMENTS, RE: REPAIR OF HURRICANE
DAMAGES TO SHORE PROTECTION PROJECT

Virginia Barker, Natural Resources Management, stated the item involves two Project Cooperation Agreements (PCA’s) that will have the federal government paying 100% of the cost
to replace sand in the North and South Reaches that was lost due to the hurricane; due to the quick turnaround to move the project forward, the PCA’s do not have the Army Corps of Engineers’ signature yet; so they have been asked for a letter of intent from the Board that it is willing to sign the agreements. She stated both have been reviewed by the County Attorney; and requested authorization for the Chairman to sign the Letter of Intent, and then execute the PCA’s when the Army Corps of Engineers sends the originals ready for signature.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to authorize the Chairman to send a Letter of Intent to the Army Corps of Engineers, indicating the Board’s willingness to sign Project Cooperation Agreements to repair hurricane damages to the Shore Protection Project; and authorize the Chairman to sign the PCA’s when the originals are received from Army Corp headquarters. Motion carried and ordered unanimously.

Chairman Pritchard stated there is great concern about the North, Mid, and South Reaches about sand and dune stabilization; and he finds it difficult to evaluate the importance of the turtle hatcheries versus wormrock. He stated the County needs to do all it can to see that the beach is renourished so it can get the turtles nesting, the dunes protected, and the properties salvaged, so A1A does not become the next dune line. He stated whatever it takes to do the mid-reach project needs to be done; and it needs to be put on a priority list.

Commissioner Colon stated Commissioner Carlson has been working closely with the folks in her District; tonight she is meeting with folks from Indian Harbour Beach; she is just a guest; and the people want to know what the County is doing. She stated some people are coming forth at the January 11, 2005 Board meeting to share some things; and it will be a good time to ask representatives of the Cities of Satellite Beach and Indian Harbour Beach as well as Congressman Weldon to be there. She stated Commissioner Carlson and the cities will be able to give their feedback on what they worked on and where they are. Commissioner Carlson inquired if it is going to be an agendaed item; with Commissioner Colon responding it is already on the Agenda, and they are asking for a time certain. Commissioner Colon stated anyone Commissioner Carlson feels needs to be there should be invited.

Chairman Pritchard recommended Commissioner Colon attend tonight’s meeting and be vocal so people will know exactly what the County would like to see done. He stated a lot of people do not understand that each area of the beach affects the other area; if sand is put on the north and south, the sand from the north ends up in the middle, the sand from the middle ends up at the south, and the sand from the south ends up in Vero Beach; and the sand continuously moves. He stated they have to renourish the entire beachfront as well as stabilize it; otherwise, they are just continuously sending money south.

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVALS, RE: CHAROLAIS
ESTATES SUBDIVISION

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to grant final engineering and preliminary plat approvals for Charolais Estates Subdivision, subject to minor engineering changes and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

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

PERMISSION TO ISSUE PURCHASE ORDER TO PRIDE ENTERPRISES, RE: REBUILDING
OF SCAT THOMAS VISTA PARATRANSIT BUSES

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve issuance of a Purchase Order to Pride Enterprises in the amount of $556,902 for the rebuilding of fourteen SCAT Thomas Vista Paratransit Buses. Motion carried and ordered unanimously.

RESOLUTION, RE: AMENDING THE RESPONSIBILITIES OF THE CITIZENS BUDGET
REVIEW COMMITTEE

Jack Callinan stated he wanted to know if there were any questions on the proposed resolution; and advised he added another item that the Board may consider adding to the resolution, which is what he handed out. He stated there are two parts; the Board has to establish goals; and he does not think it is appropriate for him to establish the goals. He stated if the addition is tacked on, the Board will have to give that as a goal to the County Management staff; and it is an excellent goal that all should try to achieve.

Commissioner Carlson inquired if this deals with the growth of the County, the growth of the budget, or the growth in personnel. Mr. Callinan responded the growth of the dollar amount resources, whether it comes from personnel or cost savings; it does not matter how the County saves it; but he is interested in saving resources. Commissioner Carlson inquired if that is through efficiency efforts; with Mr. Callinan responding yes.

Commissioner Carlson stated regarding number four, there was some commentary; if the Board wants number four to happen, she would suggest, because of the amount of staff time that goes into the budget process and in order not to pull the budget staff all over the place, having a complete briefing with the Citizens Budget Review Committee (CBRC) prior to the budget creation, and then for the CBRC to be available at various meetings. She stated the CBRC could be available at Commission briefings, if it chooses to be, or at workshops on the budget; but it should be done in an organized fashion so there is not inefficiency. She stated efficiency is critical; she is all for the CBRC looking at the budget to see how the County can become more efficient; but she does not want it to take away all the staff time that is needed to create the budget and brief the Commissioners. She stated it is an ongoing process; changes are always occurring; so it is a matter of timing and that kind of stuff. She recommended the CBRC be briefed upfront before the budget process happens and be available if there is a question down the road. Mr. Callinan stated they may be talking apples and oranges; and he will explain why the issue was included. He stated he will start by giving a cost savings on the part of the Budget Department; it had three people attending all the meetings; and suggested only one of them attend, with that person operating the recording equipment, and if they do not want to operate the machine, the CBRC will do so. He stated that will reduce approximately 60 man-hours in the course of the year; and it should enable the Budget Department to cut back on the labor needed to support the CBRC. He stated as far as the aspects of the questions Commissioner Carlson asked, what the CBRC gets is a show and tell performance from the County staff; he made a specific request that whoever came in could give a day a week to the Committee and have a financial or systems background; and by using that kind of a person, they are not chewing up a tremendous amount of meeting time. He stated they are going out in the field and interviewing; because one person goes out, they do not have to worry about the Sunshine Laws; and it is an individual department they are studying. He stated the show and tells are good because they give a good background; however, they do not give the detailed kind of information; and if anyone has ever done any systems or development work, they will understand that there is a need to look at the paperwork and get the real detail to come up with a good sense of what is going on and find ways of saving money. He stated they cannot do it from the show and tells; so they need to be able to go and get details. He stated he is not talking about attending meetings, bringing four people in, or having a whole scenario of people come in; they will go the way they have been going; and what he is looking for is to be able to go back and interview departments at the working levels. He stated he spent two man-weeks in one department last year; half of the time was spent on developing reports that could help the department; and the other half was looking to see where money could be saved. He stated it took two weeks of his time; he is talking about the same kind of effort if they can get another person; it is basically what the Board would hire a consultant to do; but he does not think they are as good as a consultant. He stated they can come up with something if the County is willing to look at this as an effort and endeavor; the show and tells are people giving the best possible scenario that they want; and that is not what they are looking for, but rather for places where they are not that good.

Commissioner Carlson stated the Board talked about the Sterling Award process, which looks at organizational efficiencies, but there is a process to it; it is not just going out and asking questions and maybe not getting all that is wanted; and she does not know where that has gone. She stated she knows the Board approved looking at the Sterling Award process; and inquired what happened to that. She stated the budgetary review group could take that and use it as a specific process that has been worked out and used in other communities; and it could probably save time, if the CBRC wanted to look at it for efficiency purposes. Assistant County Manager Stockton Whitten stated dollars were budgeted to begin the Sterling Award process; but the County lost Leigh Holt who was going to facilitate the process; and it is just a matter of finding an in-house facilitator and beginning the process. Commissioner Carlson inquired is that something the CBRC can do; with Mr. Callinan responding no, he does not have the background to do that kind of job. Mr. Callinan advised it is a specific program; he would not be capable of doing that; he could be trained on it; but the County would be wasting money to do that, and would be better off getting someone who will be a full-time employee rather than the one day a week he has committed to. Commissioner Carlson inquired if the County can get a full-time employee to work that process with the group, would it be able to work with that kind of a process. Mr. Callinan responded he is not sure; and he personally is more used to going out individually and interviewing. Commissioner Carlson stated there is a benefit to the County; and if it was able to receive a Sterling Award for organizational efficiency, that would be a positive mark for the County. Mr. Callinan responded the most positive reward for the County is dollar savings. Commissioner Carlson advised that is obviously what everybody wants.

Commissioner Scarborough stated growth occurs because of inflation for one thing; if he got the same amount of dollars one year as he did the next year and the year after that, and pretty soon the cost of inflation would mean he would not be maintaining the budget, but would be decreasing the budget. He stated when Santa read the Resolution for Mr. Jenkins earlier he said the population has doubled; it would be difficult to service twice as many people at the same budget the County had previously; and if the Board goes to some measure of growth reduction, it needs to have an economist look at it because the County is going to create an unrealistic formula and people are going to become frustrated. He stated if a restaurant had twice as many customers and the price of eggs and bacon went up, there would be additional revenue moving through the establishment. He stated on item number four, under the Charter, Commissioners have some limitations on how they can get involved in operation of the County; he asked Mr. Knox to look at that in a little bit of detail; and he will be getting a memo back to the Board. He stated the Board cannot get into operation of the County; and it certainly cannot do that through its surrogate, the committee; and the Board will get the memo. Commissioner Carlson stated that has huge implications; she did not think of that; and it would be good to get something back before the Board follows up on that.

Chairman Pritchard stated his only comment is about the goal; he is not sure the Board can put a number, such as from blank percent to blank percent; currently it is running approximately 4% annually; but he fully agrees about identifying areas where improved productivity will result in resource reductions. He stated Ms. Busacca uses the term “getting new eyes to look at something”; in the course of developing who is going to be the next County Manager, it will be new eyes; there are new eyes in Natural Resources; and new eyes are looking at things and wondering why the County is doing things as it is doing. He stated that was always his goal with the Citizens Budget Review Committee; he was on the committee for three years; and they were running into the same issues. He stated the committee is taking steps to address those issues; that is what the committee needs to do; and it needs to be more used at the table when the Board has its different budget discussions, the same as the Finance Director and Budget Office being there. He stated as for plugging in a percent, he is not sure the Board can plug in anything that would be an effective measurement other than an arbitrary number. Mr. Callinan stated normally when trying to develop a goal, one tries to develop something that is realistic and achievable; otherwise there is no point in doing it. He stated he looked at the County’s budget, and it was going up 4% on average; and that comes down to approximately $20 million.
He stated he looked at a half-percent being approximately $2 million; but it is up to the Board to establish that figure. He stated if the County saves $2 million that is not going to affect anything economic; all it means if that there is $2 million saved; and if people are a part of that, then those people can get the jobs the County is growing into, and it is not affecting those areas at all. Commissioner Pritchard stated this needs to be reworded because it says currently running at 4% annually and the 4% represents $20 million. Mr. Callinan responded that is correct; what he is suggesting is to scale way back; and he does not think the Board is going to make that kind of impact. Chairman Pritchard reiterated he does not have a percent that he can plug in without it being arbitrary.

Commissioner Carlson stated the Board does not have enough facts; it is very difficult to plug in any sort of percentage; and it would be nice to review the strategic plan that the County reviews at the beginning of the year to understand that efficiency has its price. She stated it is possible to be efficient and not cut quality of service; that is why she brought up the Sterling Award; that is what is important; but to cut just for the sake of cutting for efficiency’s sake, is not going to be the best for the citizens and community, so they have to make sure they can draw that line.

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

Mr. Callinan stated when they wrote the original section into the cost savings section, they were very concerned about not cutting because he and Commissioner Scarborough were both aware of something that happened in the field of psychology; a lot of the homeless are out there from 20 years ago; and that still has not changed. He stated there are efficiencies that every major corporation has gone through; they are not looking to do anything to hurt services or anything; that is the choice the Board has to make as it is going through the budget; and if the Board decides a service does not belong, then it can eliminate that service. He stated that is not something he would want to be involved in; and he wants to be involved in looking at where they can make cuts or do something by operating more efficiently while not hurting services in any way. Commissioner Carlson stated it could be looked at from the other perspective as well, where does the Board need to add services. Mr. Callinan stated they could make a recommendation to spend some money on a process for Parks and Recreation, to put in a system because it does not have anything it can operate; it does not know how much it costs to maintain a park; it does not know how many people are attending the parks; and if this was a business, that would be one of the first priorities. He stated they made that recommendation; it was tabled so nothing happened; but he is not opposed to spending money to get better capability for people to manage what they are doing better.

Commissioner Voltz stated she does not know if Mr. Callinan has the information from what was done in the past; evidently the CBRC has been around a long time; and if there was some percentage that was accomplished in the past, that could be the next goal. She stated if they do not have a percentage, this year they could try to come up with a percentage on what it has accomplished, and that way next year, it can be the goal; but to put in a percentage when there is nothing to grasp onto or compare it to may mean that it is better to work on the percentage this year and set the goal next year.

Chairman Pritchard stated he scratched out the part about the percent; and what is remaining is “to aid the County Commission and its staff in identifying areas where improved productivity will result in resource reductions. Personnel impacted by the process will fill open positions.” He stated he does not think the last line is needed; and he has been told by several employees that they could be making a lot more money in the private sector; but they stay with the County because of a variety of reasons. He stated the Board needs to address the salaries it pays key individuals to insure they are competitive so the County does not lose them; the County has lost some good people recently; they have found they put in some hours out there, but they are making a significant amount of money; and the Board needs to reevaluate what they do and whether it is needed. He stated he goes back to the manual that was provided by a top Fortune 500 company; every year it spent millions of dollars to produce the book, but nobody read it; so it stopped producing the book, and nobody missed it. He stated they saved approximately $5 million; and one has to wonder whether the County is doing that and falls into that category. Mr. Callinan stated he hears what Chairman Pritchard is saying; he would rather start with a very low goal than have no goal at all because if there is no goal, that is just talking the other side of the coin. He suggested putting an objective of $100,000 in, which is something that is achievable; staff has to be given the same goal because he cannot assist someone who does not have the same goal he has; so if they make it a simple $100,000 goal, they do not even have to worry about it, and can just go from there. He stated he hates not having an objective to target because he has never seen that work. Chairman Pritchard stated one thing they used to do with municipal budgeting was every year they produced budgets at 100%, 95%, and 105%; they were not allowed to do things like take firemen or police off the street; it had to be things that were realistic; and they would produce those budgets. He stated they would still be going down some, then taking a full five percent shot, and then another five percent; and it was an effective way of looking at it. He stated some departments benefited; others did not because they were wasteful; some of what they were doing did not need to be done; and it was a way of addressing the budgeting process by looking at the way the numbers are presented. He stated Commissioner Carlson is always saying they need measurable outcomes; and the Board needs to know what it is doing, why it is doing it, and how much it will cost.

Commissioner Carlson stated she has dealt with a lot of different counties with the Florida Association of Counties, as has Commissioner Voltz over her previous term on the Board; there are counties that do multiple-year budgets; and inquired if the County ever had a multi-year budget; with Ms. Busacca responding no. She stated that would give some level of reliance on what the Board can expect from one year to another if it can budget over a period of time and review things that might come up from an emergency perspective because it seems that the Board is always caught in a catch-22 of needs it has not budgeted for; and inquired if Mr. Callinan has any experience with multi-year budgets. Mr. Callinan inquired what does Commissioner Carlson mean by multi-year budget; with Commissioner Carlson responding a three-year budget. Commissioner Carlson stated if the Board creates a budget that is a three-year budget, it can be up for review each year; but it is a budget that would last for two or three years; and it would be set so people would realize that they are not going to ask for the world. Mr. Callinan advised he has seen them, but not worked with them. Commissioner Carlson stated Palm Beach County had success with multiple-year budgets; and there are other counties in the State that have had the same thing and like the process. She stated it is a different process, but one the County might like to do a little discovery on; she does not know if it would work for this County; but the Board is always up against folks who want additional money after the budget has been set; and to put something into the budget causes something else to fall off. She stated that is not fair; but every year the community knows it can come back to the trough and say it needs money; so the Board needs to identify those needs ahead of time and incorporate them into a more long-term budget. She stated the five-year capital improvements program does not have a lot of meaning because it is not really budgeted; and it was more aligned, then they could say this year they have capital improvements for this item; but there is no aligning the yearly budget with the five-year capital improvements plan if it is not budgeted out year-by-year in the plan. She stated she is sure people have wondered why they use the CIP because it is hard to track given the way the Board does budgets.

Commissioner Voltz inquired if the Board can get staff to look at some of the counties that do the multi-year budget to find out the pros and cons.

Commissioner Scarborough stated if the Board is going to do that, he would find it interesting to look at what was done in Ft. Lauderdale because that would give some degree of ability to understand the dynamics of where savings can be made within the department. He stated savings are probably best made at the lowest level; then there is hands-on observation; and suggested looking at incentives for employees who identify savings. He stated there are all kinds of ways to work it; and commented on the difference between government and a business. He stated a business can decide to have 50 chairs in a restaurant and keep the waitresses at a certain level; but if the County has 100 customers show up, it has to have the personnel; so there is not the control in the County; and while the Board may talk about the other factors, the budget grows proportionately with inflation and increase in population. He stated Hank Fishkind talked to the Board; suggested someone touch base with Mr. Fishkind to see if there are models for this; and advised if there is a doubling of capacity because there are twice as many people coming in, there should be not a tripling of the cost. He stated if there are three times the number of waitresses to cover twice the number of patrons, something is wrong; how that is defined and how it works is more where the Board needs to go; and if they just put a percentage in, it is going to get strange. He stated when he ran for office, the paper said the budget of the County went up; he agreed and pointed out it is a bigger county, and advised there is new construction and tax bills did not go up. He stated there are many different factors such as Save Our Homes and rollback under the TRIM bill; and if someone just looks at one piece of data with this, he would end up with ultimately dismissing the idea as nonsensical. He requested Mr. Callinan work with the Board; stated they are not opposed; but it is just that the County expands automatically, and if there is not automatic expansion of government with the increase of operation because of inflation and more people living in the County, the formula will not work and will be disposed of. He stated if Mr. Callinan will let the County work with him, they may be able to define some things that are rational. Mr. Callinan stated that is fine; and he likes what Commissioner Scarborough said because it agreed with his point when he said it is necessary to go to the lowest levels to get information in order to understand and find out where things can be done differently. Commissioner Scarborough stated he disagrees very little with Mr. Callinan. Mr. Callinan stated he is happy to work with the Commission; he was very pleased with it last year; the Board worked very hard; but everybody beats up on the Board. He stated the Commissioners have a tough job; he looked at all the items the Board considered today, and decided he was too old to handle it any more; and he has to focus on one thing. He requested the Commissioners say hello to Kim Zarillo; stated he is sorry she left as she had a very solid mind and made a good contribution; and complimented Commissioner Voltz on her appearance. He stated he does not know where the Board is going to go next with the CBRC; but when they hear from the County Attorney, they will know what they can and cannot do. He stated he is limited; he serves at the pleasure of the Board; and he will do whatever it is that he has to do; but he does want to address the cost savings situation and start saving some money. He stated he does not want to change what the Board is doing functionally; but he is interested in having things done better and smarter.

Chairman Pritchard stated one of the changes that has been effected in the upcoming budget is the inclusion of a vehicle replacement plan; and this came about over the course of the past couple of years. He stated Commissioner Scarborough brought up a good point, employee incentives on savings; the County has provided incentives when someone has created something that provides a savings, such as a new way to purify water; that invention becomes a cash remuneration to the person who created it; and the Board may be able to do the same thing by looking at operations. He stated if an operation costs $10,000 and an employee shows a way to do it for $5,000, then he or she should be entitled to either a flat fee or a percentage of the savings; and that type of motivation keeps people sharp. Commissioner Carlson stated that is a great idea; efficiency comes from the ground up; and the folks there in the trenches know where the deficiencies are. Chairman Pritchard stated that is something the Board needs to at least look at; and perhaps at the first budget workshop, it can move on that, or it can move on it now. Commissioner Carlson stated the Board should move now, give the employees three months to come up with ideas on how to make their departments more efficient, and then have an incentive of a percentage of the amount saved as a bonus. Commissioner Scarborough stated he does not think they need to have a window on it; and it could occur at any time, even if it occurs after the budget. He stated he would find it advantageous if Ms. Busacca and her staff could touch base with other counties to see where it is in operation; Chairman Pritchard may even have some prior experience in Ft. Lauderdale; and in the budget meeting, the Board can talk about the different methodologies for how to do this. He stated if the Board is giving the employee a percentage of the savings, it is a net savings for the taxpayer. Chairman Pritchard stated it tends to operate in two ways; one is to have a flat dollar figure; if the savings are less then $5,000, they would get $50 $100, $250, or whatever; and if it is more than that, it tends to run to a percentage. He stated there was one fellow who came up with a way to salvage fire helmets, which are very expensive; OSHA regulations had changed, but their helmets met the qualifications; and he saved the government $50,000 and was given 10% of the savings. He stated there are a lot of things that can be done like that.

Commissioner Carlson inquired, getting back to the multiple-year budget, if there is a timeframe on that; and how long does Ms. Busacca thinks it would take to research that; with Ms. Busacca responding staff can have it back to the Board in January. Chairman Pritchard stated that will be good; the Board has some idea of what it will be doing; and he would entertain a motion to adopt the Resolution with the change that he suggested and the goal; and that says, “to aid the County Commission and its staff in identifying areas where improved productivity will result in resource reductions.”

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution outlining the responsibilities of the Citizen Budget Review Committee, revised to delete proposed number four and add the goal, “aid the County Commission and its staff in identifying areas where improved productivity will result in resource reductions.”

Commissioner Scarborough stated number four is going to be delayed until the report comes back from the County Attorney because he does not want to violate the Charter.

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

APPOINTMENTS, RE: NORTH BREVARD HOSPITAL DISTRICT BOARD MEMBERS

J. J. Parrish III, representing the North Brevard Hospital District Board, stated he does not generally get involved in other appointments; but it is all about being a team; and the North Brevard Hospital District has an excellent team of board members. He stated two members are standing for reappointment today; both are qualified and eligible for reappointment; and requested the Board consider their reappointments.

George Mikitarian, President and CEO of Parrish Medical Center, stated Mr. Parrish is a County appointee to the North Brevard Hospital District Board; Nathaniel Pilate, who is the current chairman, and Dr. Patricia Manning are up for reappointment; and he would support their reappointments. He stated bringing new members on is difficult; and breaking up a team that is accomplishing many wonderful things for the people of North Brevard would cause difficulties. He stated today the Board approved transfer of surplus property to the Alzheimer’s Foundation; they are pleased to be working in cooperation with the County and the Alzheimer’s Foundation; and Parrish Medical Center has contributed financially to the success of that project. He thanked the Board for its part of the project; and stated he is using it as an example of how well they work together in partnership. He stated the Chain of Lakes Project, which has been in the planning stages for many years, is well underway and should be done by this time next year; and it is another example of partnerships. He stated the only reason he uses those two examples is because with time and relationship building come opportunities to do things jointly; and with the success of the County, the success of the Titusville City Council, and the success of the Board of Parrish Medical Center, they all have the power to do many wonderful things. He stated they continue to recruit and bring to North Brevard many talented physicians; no part of the industry, any entity, any organization, or government succeeds in and of itself; they all have to work together; and as Mr. Parrish said, it is a team. He stated the appointees bring talent to the team; and he would entertain any questions regarding the request for reappointment of these two individuals.

Commissioner Scarborough stated Mr. Mikitarian was telling him about some new physicians that were recruited; and that might be of interest to the larger community. Mr. Mikitarian stated for the first time Parrish Medical Center has recruited a full-time neurosurgeon, who was number one in the country and the Chief Resident of Neurosurgery at the University of Florida in Gainesville; and he is a highly talented individual. He stated another specialist is an intensivist who specializes in taking care of patients in the ICU; and there are very few in the country. He stated they recruited not just an intensivist from Chicago, but a full-time professor of intensivists who has written the books to train intensivists; and those are just two examples in the last four months of the kind of talent they are bringing to the County. He stated what attracts them is the County, which is a great place to live, is on the move, and has people working in cooperation with each other. He stated it is a not a community of people who fight and do not have a common vision; the people have a common vision; and the Board represents that common vision. He stated people from the outside see that; and the Board may not get that feedback, but people do see that; and he just gave two examples of very highly-talented people that they have been able to attract to the County.

Commissioner Scarborough thanked Mr. Parrish, Mr. Mikitarian, and the other board members for the wonderful job they are doing.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to reappoint Nathaniel Pilate and Dr. Patricia Manning to the North Brevard County Hospital District Board, subject to confirmation by the Titusville City Council. Motion carried and ordered unanimously.

Chairman Pritchard inquired what is an intensivist; with Mr. Mikitarian responding an intensive care unit physician who specializes in taking care of high level, very complicated kinds of patients.

The meeting recessed at 1:59 p.m. and reconvened at 2:08 p.m.

DISCUSSION, RE: LEAGUE OF CITIES TASK FORCE

Georgia Phillips, representing Space Coast League of Cities, stated she has spoken with School Board Chairman Larry Hughes and Superintendent Dr. DiPatri concerning the Task Force; both were very positive conversations; and because of Dr. DiPatri’s schedule, the School Board will be taking up the issue tonight at its meeting.

Chairman Pritchard inquired if the School Board will be deciding how many members it would like to have, but no more than six; with Ms. Phillips responding no more than six. Ms. Phillips stated they are not saying all the members will be voting members; and those people who get together will decide the structure.

Commissioner Carlson inquired if this means the Board is going to wait before taking any action or can it set a tentative date for the Task Force to get together.

Commissioner Voltz stated she is looking at the information that the League of Cities decided on versus the smart growth information that the Board will be discussing at a workshop later; and she does not know how the two of them mesh together, if they do. She stated since the issue is coming up, she is wondering if everyone can get together on January 11, 2005 and decide whether they want to take the smart growth book and run with it or just have a specific few items or whether it is something that can be worked on together because she does not know if they are going down the same path or in opposite directions. She stated it looks like the League of Cities just has a few items it is ready to deal with, but not the whole smart growth book; that is what the task force grew out of; and she does not know where it is regarding that issue. Ms. Phillips stated they are looking at smart growth as a feeder to the task force; it is not going to dismiss what they are coming up with; and the task force may not choose to do everything that the other group is coming up with, but they are certainly going to be a feeder into what the task force is going to be dealing with. She stated as they go along, it is not just going to be those few things that were mentioned; there are problems the group may not be aware of; and it needs to get everybody to the table to try to get them settled, which was the whole object of this. Commissioner Voltz inquired if it would be possible to wait until everybody comes to the table on January 11; and stated at that time they would know what the School Board is doing. She stated having two committees doing similar things is a waste; and recommended finding direction so there is no duplication of services.

Commissioner Carlson stated the Board had a smart growth workshop where Leadership Brevard brought in the smart growth document and went over it; the intent was to look through the document and see some of the things the County could do; and now the Task Force is looking at that too. She stated what brought the task force out is some of the commentary that happened at the Charter Review Commission level, when it talked about the Growth Management Commission and things like that; that was a concern to the cities and the County as to how it can create cooperative agreements and work together on many issues; and some of the issues are not dealt with as heavily in the smart growth document such as annexation, which is a huge issue that both the cities and the County have been dealing with for years at the State level. She stated she does not see it as a problem as long as the League does not have a problem with coming to the meeting and having everyone there; the idea of Brevard Tomorrow was to define what smart growth is; it has done all the foundational work; but for every community smart growth is going to mean something different. She stated the County could say what it thinks it can do; the cities and County can work together; and the Task Force could be very useful to take it to the next level. She stated that way the cities will have a feeling for where the County stands on some of the smart growth principles; the County will have something to take into the task force to work through the issues; and that is how she sees it connecting.

Ms. Phillips stated she does not see smart growth being able to do the job of the Task Force, nor does she see the Task Force doing the job of smart growth.

Commissioner Voltz stated that is what the Board needs to see; she is sure there is something within the smart growth book that the Task Force is going to take and run with; and the rest may be up to them. She stated if they wait until January 11, they can hash out what some of those things are; it is important that the issues that were brought up with annexation and some of those kinds of things are worked by the League of Cities with the Board; and working together is paramount to getting it done.

Commissioner Carlson stated what is critical about the whole smart growth thing is that it takes the community as a whole to work through it; it is not going to work if they cannot take some of the elements and put them into the comprehensive plans so they know that is the rule today and they are going to live by it equally; and people moving to the community, whether businesses or individuals, will know what the game plan is from the beginning. She stated they will not be guessing, whether they live in the city or the County, what they have to do in terms of one issue versus the other; they want to take the question out of development throughout the community; and it will not just be County versus the city with the competition that exists there. She stated it can be a very worthy effort if looked at from that perspective.

Commissioner Colon stated one of the key things is for everyone to realize this is a great move; this is an opportunity for the first time to tackle things; and they do not want to put too much on their plate. She stated these are just suggestions; once everyone gets together, they will be able to figure out what is a priority; and she does not think that the League of Cities or the Board could say these are the only items they are going to talk about. She stated once they all get together, they are going to realize they are talking about the same issues; and she wants everyone to realize that there are suggestions and things that the League of Cities has hashed out. She stated the MPO is strictly to talk about roads; sometimes they would like to talk about other things; but they cannot because it has to be kept within the scope of roads. She stated she sees the Task Force as the beginning of some wonderful things; she gets concerned over the fact that there has been a lot of litigation; that is not healthy for either side; and it just leads to animosity. She commented about the League of Cities Christmas party, the gag gifts that were presented, and the ability to laugh at oneself. She stated she is excited about the Task Force; she expects to see wonderful things come out of it; and smart growth should be kept separate. She stated she does not want to muddy the waters; each group is doing quite well; and each will give the other information. She stated both sides are guilty of filing lawsuits; nobody wins when that happens; and no matter how much they say they want to work together, the second it goes before a judge for a decision, there is animosity.

Ms. Busacca clarified the workshop is going to be on January 13, 2005.

Commissioner Voltz stated she likes the smart growth booklet because it is voluntary; it is something that is nice, if they decide they want to do it; but it is not something they have to live with.

Commissioner Carlson stated Brevard Tomorrow’s task was to try to define smart growth; they went out and researched everything; and the folks who commented on the document were from all sides, property rights, environmental, and middle. She stated it was a good document for the purposes it served; and now the next step is educating the community and finding out this is what the County could be if it chose the smart growth route. She stated from a regional perspective, there is a huge uprising of regional smart growth initiatives; she is serving on a couple of different boards that came from transportation from the MPO and from the Central MPO Alliance; and myregion.org, that has a strategic plan for the central part of the State, asked that they take on the transportation, land use, and economic development resolve that is part of their nine or thirteen resolves. She stated they accepted that; from that there was a subcommittee that came from the MPO Alliance that is now called the Smart Growth Alliance from a regional perspective; and the number one thing they are looking at is concurrency and how it is interpreted because there is no standard to apply it. She stated she saw that in the write-up that was done; it is right on target because it is a huge issue they have to grapple with; and if they are not talking from the same sheet of music, they will end up with many problems and lawsuits.

Commissioner Scarborough stated some years ago they had something; they got involved with the Chambers; and they said they were for arts and law enforcement. He stated people came before them and said they were for this and that; and then he got involved with myregion.org., which hired Michael Gallus at $2 million and got a beautiful show and tell. He stated he is not opposed to getting into the harder issues; he would prefer to disagree with somebody over a substantive issue rather than have fluff; because at least if they come together and understand what the differences are, they will know where they need to work and where they need to put things together. He stated perhaps the League of Cities is saying there needs to be some direct dialogue; what is happening with Brevard Tomorrow and smart growth is good; but they may have some particular issues that need to be integrated; and they are saying, just as Commissioner Colon said, that there is a better way. He recommended defining the issues in advance and setting some ground rules so everyone knows where they can go; and then they can have some substantive discussion before they get to a point where it is lose/lose.

Chairman Pritchard stated if they looked at all the municipal and County comprehensive plans and added up the density, they would probably be shocked to find they have set their sights on two and a half to three million people; when they talk about density, they are talking about people; and they need to decide how many people they want to live in the County. He stated they can effect that by the proper use of zoning and deciding how many units per acre; and there are other ways to do it, but in simplistic terms, if they can reduce the number of people that live in the County, they are going to reduce the amount of density. He stated there is a choice at this point to either just allow things to happen as they have been happening, or take a hard look at how things are being done, look at where they want the County to go, and then effect that type of change. He stated one of the concerns he had in reading the proposal on the Joint Task Force was the meeting schedule, which said it was not intended to meet weekly, monthly, or yearly, but as needed and at the pleasure of the Commission or the municipalities; he thinks it should meet monthly or possibly more than that; and advised they have a duty to decide where they are going to place people after they decide how many people. He stated the first task that the new Task Force should have is to decide how many people is enough; and one way to start would be to count up the amount of density they could have in their current comprehensive plans, and then look at ways to decide. Chairman Pritchard stated they have a choice of being built out at some point in time 25 or 50 years from now; and the choice they need to make is whether they want to be built out in five, ten, or fifteen years by how they are going to manage growth. He stated he wrote a letter to a professor of environmental science at FIT, who had a guest column in Florida TODAY, advising that for the past several years he has echoed the same comments; Brevard County is at the crossroads of either becoming another South Florida or retaining the reasons many people moved to the County in the first place; and the question when is enough, enough is right on point. He stated at some time the County will be built out; it can choose to have that occur in five, ten, twenty-five, or fifty years from now; and the way the Board chooses is to decide what the population will be and build accordingly. He stated the whole point is the County is at the crossroads of being able to make the determination; other municipalities and counties have not been that lucky; and the County can look at where others have gone wrong and make corrections at this point. He stated having the County, cities, and School Board come together in a joint task force to look at what they have and where they may be going is what they need to do at this time; it can be done in a relatively brief period of time such as 18 months; and at the end of 18 months, they should have this studied out, a final analysis complete, and a destination sought.

Commissioner Carlson stated if they could start with every city coming up with what the potential build-out of the comprehensive plans are, that would be a good start and an eye-opener to everyone. She stated she thought when Mel Scott was with the County that he had started that; she thought somewhere in the State, someone did that, which is why they have growth management reform occurring now; and it started back when the Governor was first in office and has now come back. She stated they are looking for ways to address density issues and where growth is going to occur and not occur; that is the whole idea with growth management; but unfortunately it does not seem to have worked and they are now left with the issues of density. She stated she just asked Ms. Busacca how long it would take to find out from the County’s perspective what build-out might look like; and she advised Ms. Sobrino could do it in a few weeks, so that would be a good first step.

Commissioner Scarborough stated there is something going on with myregion.org that the Board needs to be aware of; Linda Chapin with the University of Central Florida has procured the University of Pennsylvania, which has one of the top urban planning departments; they have gone to Spain and Brazil; and they are doing a comprehensive study at no cost as the expenses are being picked up by UCF. He stated at the same time, the members on the East Central Florida Regional Planning Council know that there is an analysis of all the various zoning classifications in the region; and that is talking about a $3 million, six-county region. He stated it is all different languages; even within Brevard County, what one city has, the next city does not; and they are trying to create a common language and look at the data. He stated what the University of Pennsylvania will produce is something for the entire region; it will also say if the County wants to do some other things, this would be what it can do, so as Ms. Sobrino continues, it would be advantageous for her to touch base with Ms. Chapin and find out about that analysis. He stated the County will want to make sure it is integrated and that it is able to utilize the University of Pennsylvania’s product to the fullest capability because it is a totally free ride. Commissioner Scarborough stated it will not only tell what the County is, but what it can be; and that goes back to Chairman Pritchard’s saying it is not just where the County can be but whether there is some control over it and whether it makes sense.

Commissioner Carlson inquired if that study is going to be based on the comprehensive plans as they exist. Commissioner Scarborough stated what they are going to try to do is take everybody’s zoning and comprehensive plans and put them into a common language, run the numbers out, and see what it looks like. He stated just because there is no home on a property now, even if there were no rezonings ever again, there may be an enormous increase in population because of what is already on the books; taking that, it would show what the County would look like and alternatives of how it would like to look; and the County may be able to extract some special products if Ms. Sobrino visits with Ms. Chapin. He stated he has been working with Ms. Chapin on some of these things; and she will be visiting with each Commissioner, so they may want to ask about what the University of Pennsylvania is doing when she comes to each office.

Commissioner Colon stated the paper always talks about Brevard County allowing growth; but the truth is that a lot of the growth is coming from the municipalities; so that is something that needs to be talked about a bit more because the pressure is on the County, as if it were the only one allowing this kind of development. She stated there has to be some honest discussion in the Task Force meetings so the County Commissioners are able to express some of those concerns in regard to the annexations and what is happening; they know the municipalities need the tax base and things like that; but by the same token, they have to look at how they are creating part of the problem in regard to the services. She stated there have been discussions regarding who better serves as far as ambulances; those are the discussions that have to be honest because the newspaper only talks about the County and what it is allowing; the focus is not on the municipalities; but they are growing very rapidly and there is a lot of congestion. She stated there is the impression the County caused a lot of the congestion; but a lot of the subdivisions have been approved and encouraged by municipalities; so she hopes there are some good, honest, respectful discussions at the meetings.

Chairman Pritchard stated with that in mind, he does not see why the Board cannot make its selection for who should be on the Task Force; and suggested not two, but one County Commissioner serve. He suggested other appointees be Robin Sobrino, Ed Washburn, Ron Jones, Ernie Brown, and either Bob Kamm or John Denninghoff. He stated he is torn about appointing Commissioner Carlson as she has Brevard Tomorrow so close to the chest that he is not sure she can be objective.

Commissioner Carlson stated she is objective to the point that even though she may have started it, she has not been involved to the extent one might think; it is a community effort with the leadership of the community, but not her; and she has not been on the boards or anything. She stated the community has put this together; it was not her hand in any of the things that the Board has seen in the last couple of years; and all she has been doing is assisting from a leadership perspective to try to get the strategic plan going. Commissioner Carlson stated from that point on, everything has happened; and the only reason she puts her name out there is because of all of her outside workings with smart growth at the regional and State level, the kind of input she could bring in, and what she knows about working with the cities and County, and things like that. She stated she does not have a pressing need; the smart growth document is a well done document; it is a good stepping off point; but from the perspective of Brevard Tomorrow, the next task is education. She stated Brevard Tomorrow is going to be looking at ways to educate folks about what smart growth is from its perspective, which is the community’s perspective, not the government’s perspective; and she is working for the people, but is considered the government. She stated she wanted to make sure she could step outside of that in terms of getting the group together and bringing something forward that was a potentially usable document for governments as a jumping off point to review and decide what they can and cannot do. She stated that is what the document is all about; but in terms of having any input to the document, she has not.

Commissioner Voltz stated if there is an issue, she would like to throw her hat in the ring too.

Commissioner Carlson stated from the cities’ perspective, they need two County Commissioners for the reason she was mentioning; Commissioner Colon has been working with the summits; and she has the best city knowledge because she was a city councilperson for many years. Commissioner Voltz noted so was she. Commissioner Carlson stated they need at least two Commissioners; they represent 250,000 people and the cities represent 250,000 people; and they are providing two.

Commissioner Scarborough stated he is the one who threw the monkey wrench out there; the meeting would just have to be noticed because of the Sunshine Law, and because they will be talking about things that are going to be talked about on the Commission. He stated it is not an insurmountable thing; and it is fine to have something in the sunshine, if that is what everyone wants to do.

Commissioner Voltz inquired what does Mr. Knox think about it; with Mr. Knox responding as long as a notice is put in the newspaper that there is going to be a meeting, there is no problem.

Commissioner Carlson stated two Commissioners cannot decide anything. Commissioner Scarborough advised it will be necessary to have some sort of record of the meeting too; with Mr. Knox responding they will have to keep minutes. Chairman Pritchard stated the difference is that the two city council members are on separate city councils.

Chairman Pritchard stated the Board is looking for six representatives; it does not mean they cannot have others sitting there ex officio; and suggested two Commissioners, Robin Sobrino, Ed Washburn, Ron Jones, and Ernie Brown. Commissioner Scarborough stated Mr. Brown is new and still on the learning curve; and perhaps the Board could look to other names. He stated he has not heard Commissioner Colon putting her name out; and he could approve Commissioner Pritchard’s list absent Mr. Brown and including Commissioners Voltz and Carlson. Commissioner Pritchard stated he likes Mr. Brown because he represents Natural Resources with a new set of eyes. Commissioner Scarborough stated there are some advantages in knowing what needs to be discussed; that is his thought; but he is just one person. Commissioner Pritchard inquired if the Board would like to give the issue more thought and bring it back at a later meeting. Commissioner Carlson stated the Board can do it now; but as far as Transportation Engineering versus Transportation Planning, she favors Mr. Kamm from a planning perspective. Commissioner Scarborough stated Mr. Denninghoff can attend if he has the time. Commissioner Carlson stated the same goes for the other individuals; and it is always good to have a lot of folks who are in the room to provide input. Commissioner Scarborough stated the good thing about Mr. Washburn is that he has been with the municipalities, with the County, and he has a wealth of experience and many different dynamics. Chairman Pritchard suggested appointing Commissioners Carlson Voltz, Ron Jones, Bob Kamm, Ed Washburn, and Robin Sobrino.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to appoint Commissioner Carlson, Commissioner Voltz, Stormwater Utility Director Ron Jones, Transportation Planning Director Bob Kamm, Planning and Zoning Director Robin Sobrino, and Permitting and Enforcement Director Ed Washburn to the League of Cities Task Force. Motion carried and ordered unanimously.

Commissioner Carlson stated Jim Fletcher and Mario Busacca presented the smart growth document to the Board; and inquired if they could be invited to the meetings to provide their take on all the research they have done and also input on the document as the group looks at it. She stated she assumes they are going to invite everybody to the January 13, 2005 workshop; and from that point, they will have a meeting schedule. Chairman Pritchard stated that is what he would like to see; he was a firefighter; the bell has rung; and they should go put out the fire. Ms. Phillips stated she will let the Board know as soon as she hears from the School Board. Commissioner Carlson inquired if she should make a motion to invite Mr. Fletcher and Mr. Busacca to the January 13, 2005 workshop; with Commissioner Voltz responding they are going to be there. Ms. Phillips stated they can set a date for a meeting in January; with Commissioner Voltz responding they will do that on January 13, 2005. Chairman Pritchard stated it might be a good idea to set a date now; with Ms. Busacca advising the Board has meetings on January 6, 11, 13, 20, 25, and 27. Attorney Paul Gougelman suggested one of the city staff people could work through Ms. Busacca’s office to coordinate a date.

Chairman Pritchard inquired if Ms. Phillips will be at the School Board meeting tonight; with Ms. Phillips responding she will be there. Chairman Pritchard inquired if there is any indication from Dr. DiPatri whom he wishes to put on the committee; with Ms. Phillips responding no. Chairman Pritchard requested Ms. Phillips ask if someone from Ed Curry’s office can be appointed. Ms. Phillips stated she though Chairman Pritchard meant specific appointments; they did talk about that; Dr. DiPatri wants somebody from Mr. Curry’s office there as well as the financial office; and he mentioned several different areas that he would like to have represented. She stated the School Board will decide tonight; and it is all fair and equal up to six. Chairman Pritchard stated he wants to make sure the people there are the decision makers. Commissioner Carlson stated it is critical to have at least a Board member; with Ms. Phillips responding there will be two.

Commissioner Carlson inquired when the University of Pennsylvania study will be complete; with Commissioner Scarborough responding he does not know; but the Planning Council needs to complete its project first.

RESOLUTION AND PERMISSION TO SIGN LOAN DOCUMENTS AND MAKE NECESSARY
BUDGET CHANGES, RE: BEACH AND DUNE EROSION PROJECTS

Central Services Director Steve Stultz stated his office provided the Board with a faxed memorandum regarding the beach berm construction bid. Assistant County Manager Peggy Busacca stated the agenda item is for the approval of the commercial paper loan to put in the emergency FEMA berms; it was approved by the Board several weeks ago and money was committed to it; and the Board said for the 5% that is the local match, the development of an MSBU would be utilized. She stated they have put bids out; the bid opening was late Friday afternoon; and there is some additional information they would like to tell the Board about the cost of the program and the bid opening.

Assistant County Manager Stockton Whitten stated first action needed is in regard to the commercial paper; commercial paper is a request for $4 million to complete the project; and it goes hand-in-hand with the purchasing action. He stated there are some issues concerning responsive bidders on the purchasing action; but the first action is request for approval of a commercial paper loan for approximately $4 million; and the next approval would be for the purchasing action.

Commissioner Scarborough stated they are tied together, if for some reason the County went back on the issue of whether there was sufficient response to the bid; and it is his understanding that because it is FEMA-approved, that the County is going to get everything but 5%. Staff indicated that is correct. Mr. Whitten stated they do not expect to have the commercial paper out past a year, so it is a short commercial paper loan hopefully; and FEMA is reimbursing 95% of the project costs. Commissioner Scarborough inquired if someone is protesting; with Ms. Busacca responding yes, and Mr. Stultz can explain what happened at the bid opening. Commissioner Scarborough stated the Board would not go to the full amount if it went a different way.

Mr. Stultz stated the bids were opened at 3:00 p.m. on Friday, December 11, 2004; first review in the Purchasing Office of the bid submittals is for technical responsiveness; and it was determined that of the six bids received, two of the bids had submitted the required bid bonds on forms other than what was supplied with the bidding documents. He stated the bidding documents indicate that the bid bonds are to be submitted on the forms provided; the bid bond documents were implemented in November 2001 upon a recommendation of the County Attorney’s Office after review of some of the various bid bond forms that were being supplied with bids; and the recommendation was to insure that all departments were using the same bid bond forms, that contract language made it clear that the bid bond is to be on the form that the County provides and not another form, and to insure that Purchasing and the department sponsoring the construction project are obtaining the bid bond form and scrutinizing it for changes in the language. He stated since that was implemented in 2001, the procedure of the Purchasing Office has been to reject as non-responsive any bidder who supplied bid bonds on any other than the supplied forms, so that is where they stand with this bid at this time. Ms. Busacca stated this is an issue because of the timing; and Ms. Barker will explain that.

Virginia Barker, Natural Resources Management, stated the item is to construct emergency sand berms along 250 to 400 properties, depending on how many FEMA approves; and they need to get started on the ones they know FEMA will approve immediately so they will have time to finish all of the berms before turtle nesting season. She stated anything they do not complete before turtle nesting season will not be able to be constructed, and the FEMA dollars will go away. She stated the bid specifications were written to provide the contractor with 115 days to complete the work; and if the Board does not take action to resolve this today, there will not be 115 days by the time of the next meeting.

Del Kelley, representing RKT Constructors, stated he is here with his partner, Robi Roberts; he was given a document from Purchasing; and as the low bidder, he has a vested interest in seeing this go his way. He stated he has an interoffice memorandum from Steve Stultz through Stockton Whitten to the Board dated December 13, 2004; and it states that the bid bonds will be on the County bid form, which his was not, and that there will be a penalty sum of 5% of the bid in the event that he would not proceed with the project after bidding, which is specified as $182,750. He stated his bond, which is a valid Florida Corporation doing business bond, gives not only the ability to get the 5%, but the ability to get the difference between his bid and the next lowest bid; so he has given more than the County wanted. He inquired when does giving more than was wanted penalize the contractor. He advised there is a substantial spread between his bid and the next bid; no matter whose money it is, they should all be conscious of it; and he is lower than the next bidder. He stated he has the ability to perform the work; he will be saving not only FEMA money, but County money; and even if the Board takes 5% of the $550,000 between him and the next bidder, that is $25,000 to the County. He reiterated his document gives the County more assurances than the others; but stated he is being deemed non-responsive; and he does not know if that is in the best interest of the County. He read from fine print on the County’s bid document, “Brevard County reserves the right to reject any and all bids, waive any and all formalities, and to accept all or any part of any bid as may be deemed to be in the best interest of the County”’; and stated he feels that awarding to his firm is in the best interest of the County. He stated he does not want to hold up the job; no one gets the full ramifications of what happened in the hurricanes until they go onto the beach and walk down the back side of the houses; and those people need the dirt badly. He stated he is here to do it; he is the low bidder; and he does not think a minor irregularity should withhold that from his company.

Commissioner Carlson inquired if Mr. Kelley understands there are rules and guidelines to go by during the bid process; and that every group has to be treated equally; with Mr. Kelley responding affirmatively. Commissioner Carlson stated RKT was not the only one that had this problem; and Crowder Gulf also had this problem and was considered non-responsive because it did not follow directions. She stated giving more information is always wonderful; but if the bidder does not follow the specific guidelines of the big process, therein lies the problem; and although she appreciates the fact that additional information has been given, the Board has to be fair to all that bid. She stated the other firms did it correctly; and she cannot underscore that enough to make sure in the bid process the County is being as fair as possible. Mr. Kelley stated he understands; if he was in second position, he would say the County saved $550,000, which it has the right to do; and he is throwing himself at the mercy of the Board. He stated he did not follow the rule, but the County has not been harmed; he has given more than the County wanted; and he has letters from his surety that he can distribute basically standing behind the full job. He stated he will give whatever wording the Board wants; right now it is just a bid bond; and the next thing is a performance and payment bond.

Commissioner Voltz stated she knows the County has rules and regulations; but when it comes to saving the taxpayers money and getting more than the County even thought about, it is a good thing. She stated the Board can do what it wants to do; but she thinks it would be good to look at this in a different light than just not following the rules. She stated the bidder gave the County a bond; it was better than what the County asked for; and he should not be penalized.

Commissioner Scarborough stated Mr. Stultz said the County went to this particular format because of prior problems; and requested Mr. Knox elaborate on how the County got to this point of using this particular format and the advantages. Mr. Knox stated this all came out of some construction litigation the County had in prior years that identified the fact that there were four or five different bond forms floating around, none of which were really doing what was needed when it came to litigating; they asked advice of the construction litigation counsel, which recommended a bond form that would be uniform among the various departments; and that is what the County adopted. Commissioner Scarborough inquired if Mr. Knox reviewed the bond form that was submitted; with Mr. Knox responding he has not seen it. Commissioner Scarborough stated it is not the form, but the question of whether or not it meets the intended purpose of protecting the County; and inquired if it does. Assistant County Attorney Terri Jones stated she would like to correct what Mr. Kelley stated; on the particular bid bond, it is 5% or the difference between, whichever is less, not greater; and what Mr. Kelley has given is not something more, and it is pure accident that it does the 5%, but she does not have the numbers in front of her. Mr. Stultz stated the RKT bid bond covers the 5%; and provided an example where a bid was received for $1.7 million, 5% would be $85,000, but the next low bid was only $3,300 different so the bid bond AIA document language would only bond the surety for $3,300, and not $85,000. He stated it does not impact ever bid; but as a means of consistency so that there is not any kind of appearance of accepting one and rejecting another, the stance of the Purchasing office is to reject them and include in the bidding documents that only the form provided will be utilized.

Chairman Pritchard stated Robi Roberts has also filled out a card; and inquired if she wishes to say something; with Ms. Robert responding no. Chairman Pritchard stated he does not see where the harm is in using this type of bond; it seems as if the County derived a benefit from it as well as the low bid; and inquired if using the bond gave the vendor an unfair advantage. Mr. Stultz responded six bids were received; and four met all of the material technical requirements. Chairman Pritchard stated the material requirements they are talking about are in terms of using the right bid form; maybe the County is not using the right bid form; and his point is maybe the County should not be such a stickler for the right bid form when the bid form that was submitted was a better bid form. Mr. Stultz advised the language in the standard bid bond form was reviewed by the County Attorney’s office and was recommended by that office; and the other bid bond language is probably to benefit the bidder as opposed to the owner of the project. Chairman Pritchard inquired if it is more in favor of the bidder than the County; and is that Mr. Knox’s analysis of it. Mr. Knox stated Ms. Jones is going to get the bid form and look at it. Ms. Jones stated she has seen the bid bond before; it is written by the Association of Architects; it was written for contractors by contractors; and the County’s bond form was written as the County Attorney stated, in conjunction with some construction lawyers that the County retained in litigation, so it was meant for the County’s benefit.

Robi Roberts, representing RKT Constructors, Inc., stated they just went with a new bonding company; when they got the bond at the last minute, as they do with all bonds, they checked the first paragraph and found everything to be the same; and her secretary did not realize there was any difference from the County’s bond. She stated the only way there would have been any difference in their bond and another bond would have been if they had to forfeit their bid bond; and that is moot because they have letters that they will provide the performance bond. She submitted paperwork to the Board, but not the Clerk.

Chairman Pritchard stated to spend an additional $27,000 in County money and $550,000 in FEMA money because of this situation does not seem reasonable; he does not see what is wrong with the other bid bond, other than it was not what was asked for; and it gives what was asked for and in fact, is a betterment than what was asked for. He inquired why cannot the County accept it. Mr. Knox advised the Board can accept it; there is nothing that says the Board cannot waive the bid bond format; and the only question is that there will be an issue if the Board tries to collect on it, which is when it becomes relevant.

Commissioner Scarborough inquired if it is more than just a different form; and to what extent is the County at risk. Mr. Knox stated the form of the bid is not as significant as the amount of the contract that the Board is dealing with; the County would have a problem if it had to litigate with the folks over the bid bond; so there is going to be a problem no matter what form is used because the surety is not going to pay. He stated that is generally the way they have been in the past whenever they have had to deal with these types of issues; and the recommended bid bond form has the most protection built in; but he is not sure it really protects in the long run.

Commissioner Carlson inquired what does that do to other folks who have bid on this in terms of them following the procedure; and do they have legal grounds to come back. Mr. Knox responded no; all bid specifications say the Board is entitled to waive any irregularities; this would fall into the category of a minor irregularity; and the Board may waive it if it wants or hold to it, so it is up to the Board.

Ms. Busacca stated there is a normal appeal process; this is not following that process; and requested Mr. Knox provide guidance under what circumstances this can be done. Mr. Knox stated the Board is making a bid award; and if it wants to go with the low bidder, that is its prerogative. Ms. Busacca stated normally if the Board were to award the contract, someone would be able to appeal that; this is moving beyond that; staff considers this an emergency due to the deadlines; and inquired if the Board has to formally waive something because of the action it is taking out of sequence from the usual action due to the emergency. Mr. Knox stated he does not see why it is out of sequence because the Board normally awards the contract to the lowest and best bidder. Commissioner Carlson stated that is right, but then there is an appeal process. Mr. Knox stated that is going to be no matter who the Board awards it to; and if the Board awards it to number two and number one wants to appeal, they can do that. Commissioner Carlson stated they are appealing at this point; and this is not the right time. Mr. Knox stated they are not really appealing; they are coming to the Board to say they are the low bidder and want the contract. Commissioner Carlson inquired is that not an appeal; with Mr. Knox responding no, it is a public meeting; and they can come to say anything they want. Ms. Busacca noted in the event there was an appeal, that could not go forward until January 11, 2005, and would miss the deadline; and inquired if there is anything that can be done to address that issue. Mr. Knox stated no matter what the Board decides today, if somebody wants to appeal it, the deadline is going to be there, so the same issue is going to exist no matter what the Board does; and his advice to the Board is to award the contract, start the work, and deal with the other issue when it gets there. Commissioner Scarborough stated there could be an appeal regardless is what Mr. Knox is saying.

Commissioner Carlson stated she would prefer for the Board to stay consistent, even though it is a small irregularity, and go with the bidder suggested by staff.

Motion by Commissioner Carlson, to award bid to J. P. Donovan for beach and dune erosion projects. Motion died for lack of a second.

Commissioner Voltz inquired if the Board goes with RKT and the other companies want to appeal, what is the financial aspect and what may the Board be responsible for if someone says the award was done unfairly. Mr. Knox responded he does not think there will be an action against the Board if it decides to go this route, nor does he think there will be one if the Board decides not to go with the lowest bidder because of an irregularity in the way it was bid; but assuming there is some sort of action against the Board, what they would sue for is lost profits.

Commissioner Colon stated she has a problem similar to what Commissioner Carlson is saying; even though time is of the essence, it is the kind of precedent the Board is setting; it gets bids from folks in the community and there is a process they follow; and there should be no exceptions to any of them. She stated from now on, every time someone does not follow the process, they are going to come before the Board; and there is a certain appeal process they are supposed to go through if they do not like what the Board is recommending. She stated what is unique about this is that time is of the essence; if it was not, then RKT would need to go through the entire appeal process and not come before the Board; and there is a shortcut here that she does not particularly agree with or approve of. She stated the only dilemma is because it is an emergency; she never likes when folks come before the Board because there is an emergency and know the Board has to make certain decisions right away; and that is the part she is uncomfortable about. She stated it is not just about RKT today; and inquired why have a process if anybody is able to fill out the application any way they want, even after the deadline.

Commissioner Voltz inquired if Commissioner Colon wants to second Commissioner Carlson’s motion; with Commissioner Colon responding she did not know how the rest of the Board felt. Chairman Pritchard advised Commissioner Carlson’s motion failed for lack of a second.

Chairman Pritchard stated this is just a contract to put sand on the beach. Ms. Barker advised it is for the actual placement of sand on the beach. Chairman Pritchard stated the bid is $3.6 million to do that; and for $3.6 million the County is going to get everything that was in the bid package and no surprises. Ms. Barker stated they always hope there will be no surprises, but County experience is that there are change orders and surprises. Chairman Pritchard inquired why would there be a change order on dumping sand on the beach. Ms. Barker responded the change orders that she has experienced in working for the County have mostly been in the opposite direction; they have saved the County money; but there are many different things that can change as a project goes along. Chairman Pritchard inquired what is the County going to get for $3.6 million; with Mr. Kelley responding 170,000 yards of quality sand placed on the beach. Chairman Pritchard inquired if that was bid; with Mr. Kelley responding it was basically bid by the yard; there was a base bid; FEMA has deemed 61 places along over 20 miles of beach; it comprises 90,000 yards; and the County is attempting to determine which residences will obtain sand. He stated those addresses have yet to be determined; he will bring sand, put it in an off-road dump, run it to the site, and spread it out in accordance with the FEMA document. He stated they have been told in detail how to place the sand, slope it, and everything else. Chairman Pritchard stated the bids span $3.6 to $9 million; the next low bid to RKT is $4.2 million, which is a $550,000 difference; the third low bid is $6.8 million, which is $3.2 million higher than RKT’s bid; and sand is sand. Mr. Kelley stated the County required each bidder to say which pit he would be getting beach quality sand out of because it wanted to make sure it was beach sand and not fill dirt; in Brevard County there was a high price to have this sand, which a year ago was going for $3, but now is going for $8 to $10; so he was forced to get sand at a reasonable price in Oak Hill. He stated it is beach quality DEP-approved sand that is being placed on that beach at this present time for $3 a yard; and so he is trucking it in from Oak Hill. He stated he swapped dollars for the price of sand for the price of trucking; he could not believe it when he did the math, that it came to $20 a yard; and he is not happy with the $550,000 he left on the table; but his price is his price, and he can do the job. He stated he has everything covered; he may have bid the trucks better or did a better job on the sand; he does not know; or he may have been more efficient in placing the sand. Chairman Pritchard stated $550,000 is a lot of money to him; $27,000 would pay for one County employee; the wrong bond form was used but it does the same thing in that it provides the County with the protection it asked for; and the County Attorney has advised that nothing is the shield the Board can hide behind or step in front of, as one way or the other there is the opportunity for litigation. Chairman Pritchard stated the question is if there is a company that can provide what was in the bid and save a substantial amount of money, why would the Board not want to go that way; there is no time to go through the appeal process; and one way or the other the Board is going to support number one or number two. He stated the difference between the two is $550,000; and that weighs heavy on him.

Commissioner Colon stated that is why she did not support Commissioner Carlson, because of the savings; but by the same token, the Board needs to take into account what she and Commissioner Carlson are saying. She stated time is of the essence so the Board needs to approve this today; the Board has to be specific to staff that there is a certain bid form and it should be in the fine print that if people do not follow the rules, they are going to have problems. She stated she does not want to miss out on the fact that there are savings; this is an emergency; and that puts the Board in an awkward position because the decision has to be made today. She inquired if this is approved, next week when it is not an emergency and someone comes in with the wrong form, will the Board say that is okay if the bid is less or is it approving this one today because time is of the essence, but indicating it is uncomfortable because there is a process and it is not being followed. She stated she agrees there are savings and the Board should take advantage of them; but she wants to be clear about the next folks that come before the Board.

Chairman Pritchard stated he does not want to be pennywise and pound foolish; he understands there is a process that has been set; but in this situation the part that did not fall in line with the process was the type of bid form, not that the bond is not reliable or collectible. He stated it was just on a different form; if the vendor came back and said he was going to put in fill dirt, it would not work; if he said he was going to do this or that, it would not work; but using a different type of bond form does not frighten him off the process that they followed. He stated what the County asked for has been complied with; the only issue that was different was the paper on which the bond was written and the wording therein; but it still provides the County with protection, so that is why he does not have a real problem with traveling down that road.

Commissioner Colon stated that is why she did not second the motion; it is kind of fine line; and inquired if Chairman Pritchard would be upset or have a problem if a bid had a wonderful savings, but came in four days after the deadline. She stated she is not talking about just this example, but all the examples that will come before the Board; and reiterated her question about a bid coming in after the deadline. Chairman Pritchard responded if they were shopping for an appliance where they were given a 30-day opportunity to get a refund of 110% or 125% of the difference in price, it would give them a little leeway; and a careful watcher of money would be trying to do the best to shop properly and get the best value. He stated in this situation, he has to look at it the same way; it is the taxpayers’ money; and if the only issue he is hung on is whether or not the bond form was the one the County was requiring, he would have a problem saying no. Mr. Knox stated objectively speaking, without regard to who the contractor is or who the other contractors are who made bids, the reason the Board has the bid specification that allow the right to waive minor irregularities is because it wants the flexibility to ignore the rules if it wants; and whether this is the appropriate place for that or not, he does not know; but it is something that was built into the bid specifications for that reason.

Comissioner Scarborough stated many people have the experience of flying into an airport, going to the car rental place, and finding they do not have the car they ordered, but they do have something; if it is something that is an upgrade for the same price or an equivalent, most people say okay; and even though there is a contract and the car rental company is not really fulfilling it, it is offering something equivalent. He stated Mr. Knox has advised the Board has the capacity to waive minor issues; and it becomes very subjective. He stated they have one of the bond forms and not the other; so he is not even able to compare the two; but the American Institute of Architects may be on the other side, but it is not a frivolous form. He stated is a major format that is used throughout the industry, and does not throw up red flags. He stated Commissioner Colon asked a question; he does not know if there is something in the County’s form that the submitted form does not have that is important; but as they move through this project, they are going to be very much concerned about time. He stated time is of the essence; if the project does not proceed and something goes wrong, there will be all kinds of issues like this that will be very relevant; and if they do not get certain things done by the nesting season, they will walk away from FEMA money. He stated it is more than just the money; it is the concept that they will not accomplish things for the residents; and he does not know if the bond ties into that. He stated if the bond ties into that, it all becomes relevant; but what he is hearing is the form is not the same but can be waived. He inquired is that all there is or is there something more. Mr. Knox advised the bond form being discussed deals with a penalty for not executing and going forward with the contract; so if RKT came in tomorrow, said it underbid the job and cannot do it for that price, and is not going to go forward, that is when the bond would come into play and the County would get the 5% penalty. He stated it is not one of the deals where construction is half-way down the road and things go bad, and the County tries to get money from the surety company to finish the job; it is not that complicated; and the Board should keep that in mind. Commissioner Scarborough stated there is a performance bond that will come next; with Mr. Knox advising that is a different issue.

Ms. Jones stated the difference between the bonds is that the County’s bond calls for 5%; but the bond submitted is for 5% or the difference, whichever is lower; and in this circumstance there is no difference because the 5% is lower than the difference between the two; however, in some circumstances, if someone used the submitted bid bond, it would be less than 5%.

Motion by Commissioner Voltz, seconded by Commissioner Pritchard, to waive bond requirements and award Bid #B-3-05-34, Construction of FEMA Emergency Sand Berm, to RKT Constructors, Inc. Motion carried and ordered; Commissioner Carlson voted nay.

Ms. Busacca stated authorization is also needed on the commercial paper.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution authorizing borrowing up to $4 million from the Commercial Paper Loan Program for construction of sand berms along the coastline eroded by Hurricanes Jeanne and Frances; authorize the Chairman and County Attorney to sign necessary loan documents and staff make the necessary budget changes. Motion carried and ordered unanimously.

Natural Resources Management Director Ernie Brown advised one more issue needs to be addressed; the Agenda item references an MSBU; and requested permission to enter into installment agreements with the individual property owners for payment of the 5%, and authorize the Interim County Manager or her designee to execute the agreements.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the County Manager or designee to enter into agreements with individual property owners for the MSBU. Motion carried and ordered unanimously.

AGREEMENT WITH COASTAL HEALTH SYSTEMS OF BREVARD, INC., RE:
INTERFACILITY AND MARCHMAN/BAKER ACT TRANSPORT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement with Coastal Health Systems of Brevard, Inc. for Marchman/Baker Act and interfacility transport, superceding all other Agreements; and designate the County Manager or designee to execute renewal options as outlined in the Agreement. Motion carried and ordered unanimously.

Chairman Pritchard inquired if Mr. Farmer will still be Fire Chief; with Fire Rescue Director William Farmer responding he is the County’s Fire Chief.

PROPOSAL FROM SYMETRA FINANCIAL, RE: STOP LOSS COVERAGE FOR GROUP
HEALTH PROGRAM

Commissioner Scarborough congratulated Risk Manager Jerry Visco and Human Resources Director Frank Abbate on their good work.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve a proposal from Symetra Financial to provide stop loss coverage for the group health program. Motion carried and ordered unanimously.

PERMISSION TO EXECUTE REMEDIAL DESIGN/REMEDIAL ACTION CONSENT DECREE,
RE: FLORIDA PETROLEUM REPROCESSORS SITE

County Attorney Scott Knox stated this is a superfund case; the County’s oil ended up in a solid waste landfill in South Florida, and it turned out to be a problem; everyone that contributed to the problem has to pay for it; and this is the settlement that resolves the issue.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to execute Remedial Design/Remedial Action Consent Decree for Florida Petroleum Reprocessors Site. Motion carried and ordered unanimously.

AMENDMENT TO EDUCATIONAL IMPACT FEE EXEMPTION, RE: AFFORDABLE
HOUSING PROJECTS PENDING BEFORE ORDINANCE ADOPTION

Jason Larson, representing Creative Choice Homes, stated they are affordable housing developers, located in Palm Beach Gardens; approximately two years ago they started working on an affordable housing development in Palm Bay; and they applied to the County for HOME funds in October 2002 and to Florida Housing Finance Corporate to leverage the HOME funds with $2 million in federal tax credits, which they would combine with a private first mortgage to develop 160 units of affordable housing. He noted the process is a lengthy one.

Commissioner Scarborough stated any time someone has put forth substantial effort and is going to be harmed, the school impact fee should not come back and bite them; and the Board has become aware of the extensive process to go through affordable housing. He stated Assistant County Manager Peggy Busacca and County Attorney Scott Knox have suggested that rather than take this as a case specific, that it falls within the whole generic intention of the Board to not have someone adversely impacted who has put in two years of time.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve amending the Education Impact Fee Exemption to recognize affordable housing projects pending before Ordinance adoption. Motion carried and ordered unanimously.

County Attorney Scott Knox stated there is one other issue as far as this particular project; there is a deadline coming up at the end of December. Mr. Larson stated all of the units have to have a certificate of occupancy and be placed in service by the end of 2005; so they should have started construction last month. He stated they were in the situation last month to pull permits; however, the issue with school impact fees put things on hold. Mr. Knox stated he had the understanding if this was not moved, they would be stuck and unable to go through with the deal; with Mr. Larson responding that is correct. Mr. Larson stated there is the combination of impact fees and some larger than normally expected construction cost increase that have put a strain on the deal. Mr. Knox stated the Board in the past on these kinds of situations has recognized what is called the “green light doctrine” where it said it is going to go ahead and pass something that will take care of the problem; but in the meantime the developer can get the exemption.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve recognizing the green light doctrine in the case of Creative Choice Homes. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE AND SCHEDULE EXECUTIVE SESSION, RE: BREVARD
COUNTY V. PINTER

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to advertise and schedule an executive session on January 11, 2005 at 11:30 a.m. or as soon thereafter as possible, to discuss strategy related to litigation of Brevard County v. Pinter. Motion carried and ordered unanimously.

APPROVAL OF REQUEST, RE: BAD DEBT WRITE-OFFS

Chairman Pritchard stated the reason he pulled this item is because of the amount of debts; $11,000 does not sound like a bunch; but he is wondering what the Board can do to prevent this type of occurrence. He stated in the case of utilities, he assumes the utility has been shut off at the property; with Assistant County Manager Peggy Busacca responding yes. Chairman Pritchard inquired what else can the County do to insure this type of debt does not recur; is it stuck because it is in business and some people pay while others do not; and does it then have to go to a collection agency and hope to have it resolved. Ms. Busacca stated she would be delighted to get a report back to the Board about the actions taken on bad debts. Chairman Pritchard stated sometimes in restaurants, they have two or three bad checks posted behind the register to advertise; and inquired if the County can advertise bad debts on its website. Ms. Busacca stated she has heard of other communities that do that; and she does not know if Mr. Knox has any input. County Attorney Scott Knox stated he would like to research the issue; if the County is going to do that, it is okay as long as it does it right; but if it gets it wrong, it will have problems. Chairman Pritchard stated he was watching Space Coast Government TV and during the break, it showed the different molesters and felons that are moving into neighborhoods; and the thought occurred to him that the County could put deadbeats on. He stated it could be $11 or $12 or $50; but the point is why should the County incur their debt for services they have received; and if the Board can do that in some fashion on the website or whatever, sometimes a little humiliation goes a long way.

Commissioner Colon inquired if the Board would do that for $11; and stated she could pay that person’s $11. Chairman Pritchard stated the list is $11,031.37; and that is his point.

Commissioner Scarborough stated he has another problem; one thing listed is $14.90 for Wickham Park; someone has gone through a lot of process to move that to the Board level; and now it is looking at $14. He stated it probably costs more to work the process on certain small amounts than it is worth collecting; and inquired is it getting to where it becomes almost silly if someone owes the County $3.12 in library fines.

Chairman Pritchard inquired how many times has Commissioner Scarborough gotten a letter saying they are tired of spending fifteen cents to tell him he has five cents in his account. Commissioner Scarborough stated he understands. Chairman Pritchard stated he got a check for three cents that was owed to him; he did not cash it; they kept sending letters asking him to cash the check; and it cost thirty cents for every letter.

Commissioner Scarborough stated sometimes he gets checks for forty cents in the mail; he wonders how much it cost the company to write him a check for forty cents; and advised it probably costs the company several dollars, if it is efficient, to send him forty cents. He stated his point is if the Board is going in that direction, he would also like to see some way to purge minor amounts; otherwise, they are going to be wasting employees’ time.

Commissioner Voltz stated the bigger issue is they are bad checks. Commissioner Scarborough stated that may be different than what he was talking about; and if someone has written a bad check, there are procedures. Commissioner Voltz stated bad checks are turned over to the State Attorney’s office.

Chairman Pritchard stated it costs to get to that procedure; that is why the County has a collection agency; when someone gets a $10 or $20 individual check, it is not so bad; but when it starts getting 500 of them, that is talking about some money. He stated he wanted to bring it to the Board’s attention to see what it can do; if it can advertise and humiliate people, he does not have a problem with that; but he does not think people should have the option of getting away with it because the County is not capable of collecting these miniscule amounts.

Commissioner Scarborough inquired if someone owes Wickham Park $14.90, and the Board throws their picture up, what type of people are they and how much time will it take to get the person’s name. Commissioner Colon stated if a little old lady owes the County $9, Chairman Pritchard wants to put her face with a serial number on it. Commissioner Scarborough stated if someone does an analysis, it will show that putting it on TV costs $350 to do it. Chairman Pritchard stated he was just picturing a photocopy of the check as rolling through, not taking it as far as a mug shot; but Commissioner Scarborough’s comments are well served.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve write-off of various uncollectible receivables identified by Board departments. Motion carried and ordered unanimously.

HOLIDAY GREETINGS

Chairman Pritchard wished everyone the best of the holiday season and a safe and happy new year.

WARRANT LISTS

Upon motion and vote, the meeting was adjourned at 3:40 p.m.

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

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SCOTT ELLIS, CLERK
(S E A L)