July 26, 2005

The Board of County Commissioners of Brevard County, Florida, met in regular session on July 26, 2005, at 9:03 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Ron Pritchard, D.P.A., Commissioners Truman Scarborough, Helen Voltz, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

ANNOUNCEMENT

Chairman Pritchard announced the launch of Discovery will take place at 10:30 a.m.

The Invocation was given by Major Otis Childs, Salvation Army.

Commissioner Jackie Colon led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Minutes of March 3, 2005 Zoning meeting. Motion carried and ordered unanimously.

ITEM REMOVED FROM AGENDA

County Manager Peggy Busacca requested Item IV.A.5, Correction of Documentation and Finalization of Stipulated Settlement Agreement executed August 12, 2004, be removed from the Agenda. The Board reached consensus to remove the item.

AUTHORIZE EXECUTION, RE: CORRECTIONAL AND TRANSPORTATION IMPACT FEE
INTERLOCAL AGREEMENT WITH CITY OF COCOA BEACH, FIRE RESCUE IMPACT
FEE INTERLOCAL AGREEMENT WITH CITY OF WEST MELBOURNE, AND EMS
FEE IMPACT INTERLOCAL AGREEMENTS WITH ALL MUNICIPALITIES

Commissioner Scarborough inquired if the Board has taken action. County Manager Peggy Busacca responded the Board has directed staff to request the interlocal agreements be provided, they are coming in, and staff can provide them individually if the Board prefers. Commissioner Scarborough inquired if they are coming back in the same format and has the Board seen that format; with Ms. Busacca responding she cannot say for sure. Commissioner Scarborough stated he is reticent to approve the agreements; with Ms. Busacca advising she will put it on the next Agenda.

REPORT, RE: RESOLUTION OF NECESSITY FOR RED TOP INN IN EAST MIMS

County Attorney Scott Knox explained the need for a resolution of necessity for condemnation of Red Top Inn in East Mims to eliminate the public nuisance that exists there.

Discussion ensued on health, safety, and welfare issues; other avenues of action; problems with the business; use of weapons at the business; frustration of the Sheriff’s Department; opportunity to bring legitimate business to the building; use of CDBG funds to revitalize the community; and condition of the building.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct the County Attorney to prepare a resolution of necessity for condemnation of the Red Top Inn building in East Mims and provide a report outlining the issues involved. Motion carried and ordered unanimously.

REPORT, RE: MEETING ON MARINA SITING

Commissioner Voltz stated the meeting on Friday will not be about manatees as reported in the Florida TODAY newspaper, but will be about marina siting; and advised of the date, time, and site of the meeting.

REPORT, RE: SNIPE SIGNS

Commissioner Carlson inquired about Board action against snipe signs; and suggested directing staff to pick up such signs when they see them along the roadways.

Discussion ensued on a sweep for signs on North Courtenay Parkway, County staff in marked vehicles picking up signs in right-of-way, and permits for signs.

The Board reached consensus to direct all County employees in marked vehicles to pick up snipe signs in rights-of-way.

REPORT, RE: ILLEGAL BUOYS AND MOORINGS

Commissioner Carlson advised of the Board’s earlier action to direct the County Attorney to prepare an ordinance concerning illegal moorings; and explained the existing problem created by a derelict vessel recently towed out and tied to an illegal buoy. She requested Code Enforcement contact the Sheriff’s Agriculture/Marine Unit to see what action can be taken immediately prior to adoption of an ordinance to post the boat with an impoundment notice and then have the Sheriff’s dive team remove the illegal buoy.

Commissioner Voltz commented on derelict vessels, lack of marina space, and illegal buoys. Commissioner Carlson advised of the concerns of residents.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to request the Sheriff’s Agriculture/Marine Unit look at the issue of illegal moorings and buoys. Motion carried and ordered unanimously.

Commissioner Voltz suggested contacting Marine Patrol.

REPORT, RE: BREVARD JOB LINK

Commissioner Colon advised of the work of Brevard Job Link; and requested donation of clothes for job seekers.

REPORT, RE: YMCA

Commissioner Colon commented on efforts to bring a YMCA to the County; and advised of an upcoming meeting of various boards.

REPORT, RE: HABITAT FOR HUMANITY

Commissioner Colon advised of the construction of three new homes by Habitat for Humanity.

REPORT, RE: NOVEMBER EVENT

Commissioner Colon advised of an event to be held in November 2005 for South Brevard high school and middle school students to discuss various topics of interest; stated people will be coming who personally experienced the events in Columbine; there will be various motivational speakers; and there will be need for funds to be appropriated.

Discussion ensued on investment needed from the community and providing a report to the Board.

REPORT, RE: STATUS OF LAPTOPS

Chairman Pritchard inquired about the status of the Commissioners getting laptop computers; with Assistant County Manager Stockton Whitten advising the Board will be getting them in three or four weeks.

Discussion ensued on styles of laptops and contract with Gateway.

REPORT, RE: FUNDED VACANT POSITIONS

Chairman Pritchard inquired about funded vacant positions; with Assistant County Manager Stockton Whitten responding he will have the number in a matter of minutes.

REPORT, RE: STORMWATER FEE

Chairman Pritchard advised he will be getting a report on the effect of raising the stormwater fee. County Manager Peggy Busacca stated Mr. Jones intended to do that as part of the budget, but will be happy to do that today as part of the millage discussion.

REPORT, RE: STREET LIGHTS ON NORTH MERRITT ISLAND

Chairman Pritchard advised of calls complaining how dark some streets are because there is no lighting; and requested information on the cost of street lights on major arterial roads as it is a safety issue. County Manager Peggy Busacca advised the County pays the electric bills for the lights as well.

RESOLUTION, RE: PROCLAIMING CLOWNS WEEK

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution proclaiming August 1 through 7, 2005 as Clowns Week. Motion carried and ordered unanimously. (See page for Resolution No. 05-173.)

A group of clowns accepted the Resolution.

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

RESOLUTION, RE: RECOGNIZING SPACE COAST CENTER FOR INDEPENDENT LIVING

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution recognizing Space Coast Center for Independent Living for its ongoing efforts in furthering the mission of the Americans With Disability Act of 1990. Motion carried and ordered unanimously. (See page for Resolution No. 05-174.)

Donna Tyler accepted the Resolution on behalf of the Space Coast Center for Independent Living. Thomas Hargrave advised of his experiences with the Americans with Disabilities Act.

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

RESOLUTION, RE: COMMENDING WILLIAM (BILL) T. HOSKINSON

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution commending William (Bill) T. Hoskinson for his 27 years of dedicates service to the citizens of Brevard County. Motion carried and ordered unanimously. (See page for Resolution No. 05-175.)

Bill Hoskinson accepted the Resolution; and expressed appreciation to the Board.

PUBLIC COMMENTS - AMY TIDD, RE: TRANSPORTATION IMPACT FEE

Amy Tidd explained why she withdrew an Agenda item concerning placement of an item on the ballot to inquire if the public wishes to increase transportation impact fee to 100%; and described traffic problems. She requested the Board look at the impact fee at the August 18, 2005 workshop and raise it to 100% or look at another way to raise $15 million.

Discussion ensued on upcoming workshop, backlog of projects, gas tax, and what the impact fee can be used for. Commissioner Colon advised she has no intention of supporting going to 100%.

PUBLIC COMMENTS - DEBBIE RICH AND KATHLEEN HARER, RE: SPACE COAST
FELINE NETWORK

Debbie Rich, president of Space Coast Feline Network (SCFN), requested a return to a working relationship between Space Coast Feline Network and the County to reduce feral and stray cats in the County; and commented on the spay/neuter program, use of the South Animal Care Center for clinics, and funding from existing $25,000 set aside during FY 2004-05. She commented on settling the lawsuit with Dr. Storts, release of feral cat colony locations, discontinuation of funding and use of facilities for spay/neuter clinics, severance of working relationship with SCFN, County taking over responsibility for registry of colonies, proposal to hold two clinics with no data collection, and caregivers registering with County. She advised SCFN is opposed to registering of colonies; and explained the reasons for opposition and the benefits of holding two clinics. She outlined a request to provide an unused County building to be converted to a clinic for pets, ferals, and stray animals.

Kathleen Harer, representing Space Coast Feline Network (SCFN), read aloud from the summary written by the judge in the case with Dr. Storts; and explained why they refused to give out locations of colonies. She commented on loss of funding, continuing with donations, controlling overpopulation, work done by volunteers, statistics, impact on cost to the County, and need for information. She submitted a copy of the Order to the Board, but not the Clerk.

Discussion ensued on colonies on EEL’s properties, location of colonies, list being vague as to location of colonies, statistics, TNR, trends over time, public record laws, privatizing shelters, pet overpopulation, and educational component.

Chairman Pritchard inquired if $250,000 would make a dent in the problem; with Animal Services and Enforcement Director Craig Engelson responding yes; but explained the problem not having a cutoff date. Chairman Pritchard recommended being proactive and doing something effective for less money.

Ms. Rich advised of the ability to get volunteers.

Discussion ensued on a plan, setting goals, report from Animal Services on status, provision of clinics for spay/neuter, better program to accept animals, privatization of animal shelters, concern about expenditure of money without a plan, and lack of information about locations.

Ms. Rich commented on provision of information. Discussion ensued on need for accurate list of specific locations, control of registry by Animal Services, information given to Judge Maxwell, standards for information, and lack of guidelines for registry. Mr. Engelson advised staff has the location of 11 colonies; and staff has no problem sitting down to discuss a matrix with the citizens.

REPORT, RE: TDC DUES

Chairman Pritchard inquired about dues for TDC. County Manager Peggy Busacca advised she will get that information.

FINAL PLAT APPROVAL, RE: COLFAX LANDING, PHASE 2

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant final plat approval for Colfax Landing, phase 2, subject to minor changes, if necessary, receipt of all documents required for recording, and developer responsible for obtaining jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL AND CONTRACT WITH THE VIERA COMPANY, RE: SUNSTONE,
PHASE 1

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant final plat approval for Sunstone, Phase 1, subject to minor changes, if necessary, receipt of all documents required for recording, and developer responsible for obtaining jurisdictional permits; and execute Subdivision Infrastructure Contract with The Viera Company. Motion carried and ordered unanimously. (See page for Contract.)

PRELIMINARY PLAT APPROVAL, RE: CAV LANDING

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant preliminary plat approval for CAV Landing, subject to compliance with recommendations by review agencies and all other applicable Policies, Ordinances, laws and regulations, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH TODD AND STEPHANIE BRANDENBURG, RE:
OSPREY AVENUE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Todd and Stephanie Brandenburg for a building permit off an existing right-of-way known as Osprey Avenue, which has been constructed to the standards of the Unpaved Road Code of Ordinances, Section 62-102. Motion carried and ordered unanimously. (See page for Agreement.)

EASEMENT WAIVER FROM SECTION 62-102, RE: MICHAEL AND JULI SHARPE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to waive the five-acre minimum requirement for two lots sharing the same access easement strip under Section 62-102 of the Code for Michael and Juli Sharpe. Motion carried and ordered unanimously.

WAIVER OF EASEMENT REQUIREMENT IN SECTION 62-102 (B)(2)(B), (8) AND (9), RE:
MIKE DAHME

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to waive the easement requirement in Section 62-102(b)(2)(b), (8) and (9), thereby allowing more than two accesses over the same easement for Mike Dahme, with the applicant agreeing to record maintenance and liability agreements to ensure proper construction and maintenance of the access easement prior to the Zoning Department’s approval of the easement. Motion carried and ordered unanimously.

WAIVER OF SECTION 62-3204(G)(4)(G), RE: MASSAGE THERAPY AND SPA

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to waive Section 62-3104(g)(4)(g), which requires a six-foot high masonry wall to be constructed between a commercial development and residentially-zoned property to the west for Massage Therapy and Spa. Motion carried and ordered unanimously.

SITE PLAN EXTENSION, RE: SHOPPES AT BAYTREE AND WICKHAM

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to waive the time limitation provision in Section 62-3205 and approve a six-month extension to the site plan thereby allowing the continuation of review, from July 30, 2005 to January 30, 2006, for Shoppes at Baytree and Wickham. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH CITY OF TITUSVILLE, RE: PARTICIPATION IN
TRANSPORTATION IMPACT FEE PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Interlocal Agreement with the City of Titusville for participation in the County’s Transportation Impact Fee Program; and authorize the Budget Office to implement all necessary budget changes. Motion carried and ordered unanimously. (See page for Interlocal Agreement.)

PERMISSION TO ADVERTISE BID AND AWARD TO LOWEST RESPONSIVE BIDDER, RE:
CONTROL OF NUISANCE VEGETATION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to advertise bid and award to lowest responsive bidder for control of nuisance and exotic vegetation in the wetlands area at South Central Water Reclamation Facility. Motion carried and ordered unanimously.

AWARD OF BID NO. B-4-05-81 AND EXECUTE CONTRACT WITH INTERSTATE
ENGINEERING CORPORATION, RE: SYKES CREEK WASTEWATER TREATMENT
PLANT CENTRIFUGE REPLACEMENT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to award Bid No. B-4-05-81 to Interstate Engineering Corporation for Sykes Creek Wastewater Treatment Plant Centrifuge Replacement at total price of $929,000; and authorize the Chairman to execute the Contract for project. Motion carried and ordered unanimously. (See page for Contract.)

FEDERALLY-FUNDED DISASTER RECOVERY SUBGRANT AGREEMENT WITH FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, RE: 2005 CDBG SUPPLEMENTAL
DISASTER RECOVERY INITIATIVE FUNDS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Federally-funded Disaster Recovery Subgrant Agreement and accompanying required forms with Florida Department of Community Affairs, which will provide for infrastructure and housing projects that will benefit individuals and families that are low to moderate income recipients; authorize the Chairman to execute amendments or addendums contingent upon County Attorney and Risk Management approval; and authorize creation of a grant-funded Special Projects Coordinator position. Motion carried and ordered unanimously. (See page for Agreement.)

APPOINTMENTS AND REAPPOINTMENTS, RE: AFFORDABLE HOUSING COUNCIL

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to appoint Ernest D. Cappilettie and Paul M. Marek and reappoint Susan F. Baiocco, John Saxton, Laura Ward, Janet Laimont, Ed Palmer, Kimberly Turner and Anna Grau to the Affordable Housing Council with terms expiring July 26, 2007. Motion carried and ordered unanimously.

APPROVAL OF REVISIONS TO POLICY BCC-26, RE: ACQUISITION OF CONSULTANT
PROFESSIONAL SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve revisions to Policy BCC-26, Acquisition of Consultant Professional Services, required by changes in Florida Statute 287.055. Motion carried and ordered unanimously. (See page for Policy BCC-26.)

AMENDMENT TO LEASE AGREEMENT WITH FRED BOOZER AND RUTH BOOZER, RE:
SPACE FOR MELBOURNE PUBLIC HEALTH DEPARTMENT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize the Chairman to execute Amendment to Lease Agreement with Fred Boozer and Ruth Boozer for space located at 2275 South Babcock Street in Melbourne for the Melbourne Public Health Department, effective October 1, 2005 to September 20, 2007. Motion carried and ordered unanimously. (See page for Amendment.)

APPROVE ADDITIONAL OF ONE FULL TIME EQUIVALENT POSITION, RE: TOURISM
INFORMATION ASSISTANT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the addition of one full-time equivalent (FTE) position of Tourism Information Assistant for the Tourism Development Office; and approve all required Budget Change Requests. Motion carried and ordered unanimously.

AGREEMENT WITH TOWN OF MELBOURNE VILLAGE, RE: ALS FIRST RESPONDER
UNIT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement with the Town of Melbourne Village for one Advanced Life Support (ALS) First Responder Unit (patrol car) equipped with an Automatic External Defibrillator (AED) and Combitube, in the amount of $17,289.24. Motion carried and ordered unanimously. (See page for Agreement.)

APPROVAL, RE: 2005 FIRE GRANT APPLICATION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute the 2005 Fire Grant Application to provide the capital, operating equipment, and supplies to further protect and safeguard firefighters, revenue to complete the purchase of 21 single-position fill stations and five medical oxygen cylinders at each site, and NFPA 1500 and 1901 being met through execution of the Grant Application. Motion carried and ordered unanimously.

STATE-FUNDED SUBGRANT AGREEMENT WITH FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, RE: FUNDING ASSISTANCE FOR HAZARDOUS MATERIALS
PLANNING ANALYSIS UPDATE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute State-funded Subgrant Agreement with Florida Department of Community Affairs for funding assistance for the Hazardous Planning Analysis Update; and authorize the County Manager or her designee to sign any documents or modifications to the Agreement. Motion carried and ordered unanimously. (See page for Agreement.)

FEDERAL EQUITABLE SHARING AGREEMENT WITH U.S. DEPARTMENT OF THE
TREASURY, RE: SHARING OF FEDERAL FORFEITURE PROCEEDS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Federal Equitable Sharing Agreement with U.S. Department of the Treasury for the sharing of Federal Forfeiture Proceeds, effective through September 30, 2008. Motion carried and ordered unanimously. (See page for Agreement.)

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to appoint Dr. Roddy Kring to the Merritt Island Redevelopment Agency with term expiring February 24, 2009. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING UNIMPROVED RIGHT-OF-WAY IN
MORROW’S PLAT OF S/D OF LOT 2 - BREVARD ALZHEIMER’S FOUNDATION

Chairman Pritchard called for the public hearing to consider a resolution vacating unimproved right-of-way in Morrow’s Plat of S/D of Lot 2, as petitioned by Brevard Alzheimer’s Foundation.

Ulysses Harris, representing eight residents of Temple Drive, Valencia, and Park Avenue, advised of their opposition to the vacating.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to continue the public hearing to consider a resolution vacating unimproved right-of-way in Morrow’s Plat of S/D of Lot 2 as petitioned by Brevard Alzheimer’s Foundation to August 9, 2005. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING UNIMPROVED RIGHTS-OF-WAY AND
EASEMENTS IN SECTION 14, TOWNSHIP 29 SOUTH, RANGE 37 EAST - EAGLE
CREST PRESERVE, CHARLES STACK AND GENE KUBICKI

Chairman Pritchard called for the public hearing to consider a resolution vacating unimproved rights-of-way and easements in Section 14, Township 29 South, Range 37 East, as petitioned by Eagle Crest Preserve, Charles Stack, and Gene Kubicki.

Transportation Engineering Director John Denninghoff advised of the need for the petitioners to agree to construct an eight-foot pedway on the Valkaria Road frontage to Weber Road, and a six-foot pedway on Weber Road.

Leigh Stewart, representing Eagle Crest Preserve, LLC, stated there is no problem with the pedway; and requested a copy of the plans. She commented on the width of the road; and advised they will work with County staff to do whatever they can work out.

There being no further comments heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution vacating unimproved rights-of-way and easements in Section 14, Township 29 South, Range 36 East, as petitioned by Eagle Crest Preserve, Charles Stack, and Gene Kubicki. Motion carried and ordered unanimously. (See page for Resolution No. 05-176.)

PUBLIC HEARING, RE: RESOLUTION VACATING PORTIONS OF PUBLIC UTILITY
EASEMENTS IN WINGATE ESTATES, PHASE TWO - RUSSELL W. SANDERS

Chairman Pritchard called for the public hearing to consider a resolution vacating portions of public utility easements in Wingate Estates, Phase Two as petitioned by Russell W. Sanders.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution vacating portions of public utility easements in Wingate Estates, Phase Two, as petitioned by Russell W. Sanders. Motion carried and ordered unanimously. (See page for Resolution No. 05-177.)

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 14, SECTION 214-36,
ANIMAL ENFORCEMENT ORDINANCE

Chairman Pritchard called for the public hearing to consider an ordinance amending Chapter 14, Section 214-36, Animal Enforcement Ordinance.

Sharon Savastio requested underground pet containment systems be included in the proposed ordinance.

Discussion ensued on the advisory board, stand-alone underground pet containment systems, and dangerous dogs.

The meeting recessed at 10:35 a.m. to watch the launch of Discovery and reconvened at 10:45 p.m.

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

Gary Guido spoke in support of the proposed ordinance.

Commissioner Carlson commented on underground pet containment systems.

Motion by Commissioner Carlson, seconded for discussion 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 underground pet containment systems, and modifying the definition for insecurely fenced property; and providing an effective date.

Commissioner Voltz commented on her animals and danger from dogs entering the properties with underground pet containment systems.

Chairman Pritchard called for a vote on the motion. Motion carried and ordered unanimously; with Commissioner Colon being absent. (See page for Ordinance No. 05-30.)

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

LEASE AGREEMENT WITH N19EZ CORPORATION, RE: REPLACEMENT OF AIRCRAFT
HANGAR AT VALKARIA AIRPORT

Attorney Philip Nohrr, representing N19EZ Corporation, made a presentation to the Board in favor of the lease agreement.

Curt Lorenc, Amy Tidd, Janis Walters, Linn Walters, Don Darby, Gail D’Amato, Linda Mason, Dan Faden, Lisa McKasty, and Joseph McClure expressed their opinions on the proposed lease agreement.

Discussion ensued on the proposed lease agreement.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to table consideration of Lease Agreement with N19EZ Corporation for replacement of privately-owned, fabric covered aircraft hangar at Valkaria Airport to August 9, 2005. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTIONS 42-75, 42-78, AND 41-95,
INCORPORATION OF MICCO EMS ASSESSMENT INTO COUNTYWIDE EMS
ASSESSMENT

Chairman Pritchard called for the public hearing to consider an ordinance amending Sections 42-75, 42-78, and 41-95, Incorporation of Micco EMS Assessment into Countywide EMS Assessment.

Fire Rescue Director William Farmer provided an overview of the issue.

Discussion ensued on the issue.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt an Ordinance of the Board of County Commissioners of Brevard County, Florida amending Article III, Chapter 42 of the Code of Ordinances of Brevard County, Florida, titled Emergency Medical Services; amending the definition of benefit unit in Section 42-71 to eliminate the reference to municipal service; amending Section 42-78 to eliminate the reference to municipal service; amending Section 42-83 to expressly provide that the EMS non-ad valorem assessment for service availability fees may be imposed as a lien against improved property owned by persons responsible for paying the assessment; specifically amending Section 42-95 to correct scrivener’s errors to eliminate references to northern and southern benefit units that no longer exist and by adding the word “and” that was inadvertently omitted in the Ordinance in order to accurately reflect the actual fee calculation methodology for the benefit area; providing for severability; providing for codification and renumbering; providing for conflicting provisions; and providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 05-31.)

Chief Farmer commented on IAFF negotiations and need for input from the Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize an executive session on August 9, 2005 at 11:30 a.m. Motion carried and ordered unanimously.

PERMISSION TO AWARD PROPOSAL #P-2-05-11 AND EXECUTE CONTRACT WITH
SPACE COAST QUALITY LAWN MAINTENANCE, INC., RE: LAWN AND IRRIGATION
MAINTENANCE FOR FAY BOULEVARD

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to award Proposal #P-2-05-11, Lawn and Irrigation Maintenance for Fay Boulevard to Space Coast Quality Lawn Maintenance, Inc. at $44,034 annually; and authorize the Chairman to execute the associated Contract. Motion carried and ordered unanimously. (See page for Contract.)

RESOLUTION OF NECESSITY, RE: PINEDA CAUSEWAY EXTENSION AND
REALIGNMENT PROJECT

Transportation Engineering Director John Denninghoff provided an overview of the issue.

Discussion ensued on the issue.

Motion by Commissioner Carlson, seconded for discussion by Commissioner Voltz, to adopt Resolution of Necessity for the commencement of condemnation proceedings for the acquisition of Tropical Splash Car Wash in conjunction with the Pineda Causeway Extension and Realignment Project; and direct the County Attorney and staff to proceed with this action utilizing the quick take method.

Discussion resumed on the issue.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table consideration of the Resolution of Necessity to later in the meeting. Motion carried and ordered unanimously.

AUTHORIZATION, RE: SUBMISSION OF PROJECT PRIORITIES TO BREVARD
METROPOLITAN PLANNING ORGANIZATION

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize submitting project priorities to the Brevard Metropolitan Planning Organization for preliminary consideration. Motion carried and ordered unanimously.

DISCUSSION, RE: RECOMMENDATIONS FROM RECYCLING CITIZENS ADVISORY
COMMITTEE

Motion by Commissioner Colon, seconded by Commissioner Carlson, to approve sending letters to all Brevard County municipalities asking them to adopt a Green Procurement Policy, if they do not have one in place, and to the Brevard County School Board recommending it select a beverage vending system with aluminum cans instead of plastic bottles, as recommended by the Recycling Citizens Advisory Committee. Motion carried and ordered; Commissioner Voltz voted nay.

The meeting recessed at 12:00 p.m. for lunch and reconvened at 1:01 p.m.

AGREEMENT WITH MELBOURNE AIRPORT AUTHORITY, RE: THE BREVARD COUNTY
SENIOR CENTER AT MELBOURNE

Motion by Commissioner Voltz, seconded by Commissioner Pritchard, to execute Agreement with Melbourne Airport Authority for the Brevard County Senior Center at Melbourne to change
the terms from a 40-year base term to a 30-year base term with four five-year options. Motion carried and ordered; Commissioner Carlson voted nay. (See page for Agreement.)

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution of Necessity for the commencement of condemnation proceedings for the acquisition of Tropical Splash Car Wash in conjunction with the Pineda Causeway Extension and Realignment Project; and direct the County Attorney and staff to proceed with this action utilizing the quick take method. Motion carried and ordered; Commissioners Voltz and Colon voted nay. (See page for Resolution No. 05-179.)

AMENDMENT TO EXISTING AGREEMENT WITH ARCADIS GERAGHTY & MILLER, INC.,
RE: ENGINEERING SERVICES AT MERRITT ISLAND AND MELBOURNE AIRPORTS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to recess as the Board of County Commissioners and convene as the Governing Board of the Brevard County Mosquito Control District. Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to execute Amendment to Existing Agreement with ARCADIS Geraghty & Miller, Inc. to extend the existing Contract for one additional year for engineering services associated with site restoration services at the Melbourne and Merritt Island Airports. Motion carried and ordered unanimously. (See page for Amendment.)

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adjourn as the Governing Board of the Brevard County Mosquito Control District and reconvene as the Board of County Commissioners. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ADOPTION OF TENTATIVE FY 2005-2006 AD VALOREM
MILLAGES

Chairman Pritchard called for the public hearing to consider adoption of the tentative FY 2005-2006 ad valorem millages.

Assistant County Manager Stockton Whitten provided an overview of the tentative FY 2005-2006 ad valorem millages.

Discussion ensued on the issue of tentative millages.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt tentative FY 2005-2006 ad valorem millages as proposed for the purpose of notification to taxpayers by the Property Appraiser; instruct the Budget Director to complete the Florida Department of Revenue Certifications of Taxable Value Form DR-420; and direct staff to deliver the millages to the Property Appraiser. Motion carried and ordered; Commissioners Voltz and Carlson voted nay.

Commissioners Carlson and Voltz explained why they voted against the motion.

RESOLUTION AMENDING RESOLUTION NO. 98-148, RE: VALKARIA AIRPORT
ADVISORY BOARD

Jim Shimkus, Valkaria Airport Director, provided an overview of the resolution amending the Valkaria Airport Advisory Board Resolution.

Discussion ensued on the wording of the proposed resolution.

Janis Walters expressed opinions regarding the Valkaria Airport Advisory Board.

Discussion resumed on the frequency of meetings.

Motion by Commissioner Voltz, seconded for discussion by Commissioner Carlson, adopt Resolution amending Resolution No. 98-148 to retain quarterly meetings in the Valkaria Airport Advisory Board Resolution.

Commissioner Carlson recommended removing the words “review and” from the Resolution. Commissioner Voltz stated she will include that in the motion.

Chairman Pritchard called for a vote on the motion to adopt Resolution amending Resolution No. 98-148 to retain quarterly meetings and remove the words “review and” from the Valkaria Airport Advisory Board Resolution. Motion carried and ordered; Commissioner Pritchard voted nay. (See page for Resolution No. 05-178.)

Discussion resumed on Valkaria Airport issues.

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

Dan Faden and Curt Lorenc expressed opinions regarding the Valkaria Airport Advisory Board, the Airport, and Board procedures.

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

Gail D’Amato, Linda Mason, and Lisa McKasty expressed opinions regarding the Valkaria Airport Advisory Board and the Airport.

Discussion resumed on the Valkaria Airport issues.

Motion by Commissioner Carlson, to direct Mr. Breininger to provide a report on scrub jay activity at the Valkaria Airport and an update on the status of scrub jay habitat.

Discussion ensued on what is being requested in the report and the ramifications.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to direct staff to provide an update on the scrub jay management plan for the Valkaria Airport area. Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to direct County Manager Peggy Busacca to provide a report on the status of the species that are being protected by the habitat acquired under the Environmentally Endangered Lands Program. Motion carried and ordered unanimously.

Discussion resumed on the report.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
ORDINANCE NO. 2000-46, TEEN COURT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to advertise a public hearing to consider adoption of an ordinance amending Ordinance No. 2000-46-Teen Court, reinstituting the mandatory additional court cost of $3 to fund Teen Court. Motion carried and ordered unanimously.

AGREEMENT WITH AMERICAN LA FRANCE CORPORATION AND SUPPORT LATE FEE
PAYMENT, RE: CONTINUED PURCHASE OF FIRE ENGINES AND AERIAL
APPARATUS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve late fee payment settlement, and execute Agreement with American LaFrance Corporation for continued purchase of fire engines and aerial apparatus. Motion carried and ordered unanimously.

CITIZENS REQUEST - JAMES HECK, RE: WAIVER OF VESTED RIGHTS FEE

County Manager Peggy Busacca stated Mr. Heck feels he has a strong case for vested rights, but $1,700 is outside his ability to pay; and he requests the Board waive the fee.

Discussion ensued on Mr. Heck’s request.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to deny the request of James Heck for waiver of vested rights application fee. Motion carried and ordered unanimously.

DISCUSSION, RE: BACKUP OR WHOLE HOUSE GENERATORS

Mary Coco, Richard Martucci, and Ralph Durham addressed the Board regarding location of whole house generators.

Discussion ensued on location of whole house generators.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to interpret the intent of Section 62-2121(f)(1) to include generators in the list of permitted projections into required setbacks to allow building permits to be issued immediately for backup or whole house generators; and direct staff to initiate an amendment to the Code to specifically include generators in the list to clarify the Board’s intent in the future. Motion carried and ordered unanimously.

Commissioner Voltz inquired about payment for an easement permit. Discussion ensued on difference between the easement and the setback issue.

CITIZENS REQUEST - JAMES EMERY, RE: DENIAL OF FUTURE SPECIAL EVENT
PERMITS FOR OUTDOOR MUSIC FOR OZZIE’S CRABHOUSE

James Emery advised of problems in the residential neighborhood with noise from Ozzie’s Crabhouse; and requested no further special event permits be issued to the business.

Discussion ensued on the issue of outdoor music at Ozzie’s Crabhouse.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to approval denial of future special event permits for outdoor music for Ozzie’s Crabhouse at 6060 U.S. 1 in Grant. Motion carried and ordered unanimously.

PERMISSION TO SCHEDULE, RE: BUDGET WORKSHOP

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve scheduling a Budget Workshop on August 16, 2005 at 9:00 a.m. Motion carried and ordered unanimously.

RECOMMENDATIONS, RE: CITIZEN BUDGET REVIEW COMMITTEE

Commissioner Carlson advised of recommendations of the Citizen Budget Review Committee; and requested the group work within the scope of its directive as an entity.

Discussion ensued on the Citizen Budget Review Committee and its scope of work.

REQUEST FOR PROPOSALS, APPOINTMENTS TO SELECTION AND NEGOTIATING
COMMITTEES, AND EXECUTE CONTRACT, RE: PURCHASE OF NEW AUTOMATED
INTEGRATED LIBRARY SYSTEM PROGRAM

Chairman Pritchard inquired about the funding; with Frank Vessels responding the funds are in the recommended budget for next fiscal year.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize solicitation for proposals to purchase an automated integrated library system; appoint a Selection and Negotiating Committee comprised of Catherine Schweinsberg, Roland Depelteau, Jeri Prieth, Diane Vosatka, Tina Hare, Rebecca Slack, Maribeth Devich, Ellen Noyd, and Michael Renninger; and authorize the Chairman to execute subsequent Contract. Motion carried and ordered unanimously. (See page for Contract.)

Discussion ensued on the various libraries.

LEGISLATIVE INTENT AND PERMISSION TO ADVERTISE PUBLIC HEARING, RE:
ORDINANCE ESTABLISHING IDLE SPEED, NO WAKE ZONE ON FOX LAKE

Chairman Pritchard stated the issue is Fox Lake.

Discussion ensued on the issue of establishing an idle speed, no wake zone on Fox Lake.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve legislative intent to adopt an ordinance amending Section 122-26, Idle Speed Zones, to establish an idle speed, no wake zone on Fox Lake adjacent to Fox Lake Park; and authorize advertisement of a public hearing to consider the ordinance. Motion carried and ordered; Commissioner Pritchard voted nay.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Chairman Pritchard inquired about a discrepancy in numbers in the tourism item; with Tourism Development Director Rob Varley explaining the discrepancy in attendance numbers and the issue involving membership dues.

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

CLARIFICATION, RE: VACANT FUNDED POSITIONS

Chairman Pritchard commented on vacant funded positions equaling a couple of million dollars.

Discussion ensued on number of positions, vacancies in various departments, problems filling positions, ramifications of unfilled positions, overtime, and impact on employees.

APPROVAL, RE: STORMWATER UTILITY FEE

Chairman Pritchard inquired about increase in stormwater utility fees. Stormwater Utilities Director Ron Jones advised of new project requests, unfunded CIP, and rates.

Discussion ensued on need for extraordinary vote of the Board, various rates, disproportionate needs by Districts, adjusting on individual basis, and available options.

Each Commissioner announced the amount of increase needed for his or her area.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve increase of stormwater utility fees by $14 for Districts 1, 2, and 4, $7 for District 5, and zero for District 3. Motion carried and ordered unanimously.

Upon motion and vote, the meeting was adjourned at 3:53 p.m.

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

_____________________
SCOTT ELLIS, CLERK

(S E A L)