MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

November 12, 2002

The Board of County Commissioners of Brevard County, Florida, met in regular session on November 12, 2002, at 9:08 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Susan Carlson, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Jeremy Coppock of Faith Baptist Church in Titusville.

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

APPROVAL OF MINUTES

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve the Minutes of August 27, 2002 Regular Meeting, September 24, 2002 Regular Meeting, and September 26, 2002 Special Meeting. Motion carried and ordered unanimously.

ROY BRIDGES, NASA DIRECTOR, KENNEDY SPACE CENTER, RE: STATUS REPORT

NASA Director Roy Bridges advised NASA was established 40 years ago to send people into space and then to the moon; and explained slides of Alan Shepard’s first flight in Mercury 7, Neil Armstrong’s walk out to the spaceship, the modern era of flying shuttles, building the Space Station, and the Apollo 1 and Challenger crews. He stated NASA’s new vision, created by the senior management team working with the new Administrator Sean O’Keefe, is to improve life here, extend life to there, and to find life beyond; it has a strong exploration theme; and they are excited about the new vision. He stated they also have a new mission statement with three major elements; and the first element is to understand and protect the home planet, such as earth science and the earth system, how humans and natural events affect the system, and a safe, secure, environmentally-friendly air transportation system, which is very important in Florida with its dependence on tourism. He stated the second element is to explore the universe in search for life, first with robotic spacecrafts and eventually with humans, to answer fundamental questions, such as are we alone or is there other life in the solar system and the universe. He stated the final element is education to inspire the next generation of explorers; it is extraordinarily important to have more people studying math, science, and engineering; and they hope to use some of the events going on in the space program to inspire people to go into those fields of study. He stated they are not trying to be the Department of Education of Department of Defense; NASA is one of the smallest government agencies, but they do unique things; and they are using those unique things to accomplish the three mission statements. Mr. Bridges stated what they will get out of this for America is a new generation of leaders and explorers ready to expand the frontiers of space, pioneer technological and scientific research, a nation reaching across borders to unite people with the International Space Station and other cooperative endeavors, a deeper understanding of life, ourselves, and the universe, and for everyone to be part of something that is bigger than all of us and out of this world. He stated Kennedy Space Center is one of ten NASA Centers; it has 140,000 acres and employs more than 14,000 people, making it the largest employer in Brevard County and No. 5 in Central Florida; its budget is over a billion dollars; and it is home to about 77 threatened or endangered species of animals and plants. Mr. Bridges stated when people think of Kennedy Space Center, they think of launches; and they launch about eight expendable vehicles a year for NASA missions, and more than that counting commercial and Department of Defense missions. He stated they typically run four to six shuttle missions a year; they are looking at six missions this coming year; and since July 2000, they have launched 14 shuttle missions, 13 of which went to the International Space Station. He stated during that same time, the Russians launched 16, making a total of 30 missions to build the outpost in the sky. He stated they had hoped to have a launch early Monday morning, but had a small technical problem with a gas leak into the payload bay; and they hope to fly on November 18, 2002 between 7:00 p.m. and 11:00 p.m. He stated it is a very important mission to take a big piece of the truss as well as exchange the crew; and it will take Expedition Crew 6 up and bring Expedition Crew 5 down, which has been in space for 159 days. He explained a slide of the equipment they will put on the Space Station with the STS 13 mission, called P-1; stated the truss is 46 feet long and weighs about 30,000 pounds; it is a twin to the S-1 truss that was put up on the last mission; and eventually the truss will be as long as a football field and produce the electrical power and cooling for the Station, which is now about 385,000 pounds, 170 feet long, and 240 feet wide, and has been in orbit two years. He stated in that time it has traveled over 11,000 earth orbits and over 3 million miles with crew on board; it had two years of continuous crew, which is quite an accomplishment; and they also have some exciting things going on in the way of exploring other things in the solar system. Mr. Bridges advised they have a couple of robotic vehicles around Mars that are sending back photos and scientific evidence of water on Mars; they plan to explore that further by sending two rover missions to Mars on the Delta II in May and June of 2003; and they will send another orbiting observer on an Atlas III in 2005 as part of their continued exploration in a quest to find life on that planet. He stated regarding the economics of the Center, the 2001 report shows the estimated total economic impact to Brevard County at about $1.4 billion and Central Florida at $1.9 billion for NASA’s procurement of goods and services and for salaries; and they also contribute about $23 million to universities across the State. Mr. Bridges advised they do a lot of other educational outreach in the County and for students and teachers in the region; and they have a number of resource centers on site called Exploration Stations providing resources to teachers and hands-on experiences for children from grades K through 12 and college students. He explained slides about student visits, an outreach workshop with educators, the number of people, students, and teachers reached, visits to the Center, and the Exploration Stations. Mr. Bridges advised several years ago, they asked for money for the Space Experiment and Research Processing Laboratory, which will be the magnet facility for the Space Research Park; and they are making good progress on that and are doing an environmental study for the park. He stated the road will be completed by the end of this year and will tie in SR 3 with SR 405, so they will have 24-hour access; and they hope to begin building the park soon. He showed a picture of the building with the roof; and stated in July, 2002, the project was over 50% complete. He stated it will be a world-class laboratory processing experiment for the International Space Station and will support ground research, working in conjunction with the Florida Space Research Institute, Universities in Florida, and researchers from around the world. Mr. Bridges advised Kennedy Space Center is coming back in tourism; about 1.8 million visitors came to the Center in 2001 and about the same amount this year; and they have made a lot of improvements, the most recent is acquiring the assets of the Astronaut Hall of Fame. He noted the Hall of Fame had some financial problems; and Delaware North Park Services picked it up, which they are incorporating into the Visitors Center. He stated they are making renovations to the facilities on SR 405 and should have a grand opening in December 2002; and they will have tickets to get into the Hall of Fame and the Visitors Complex. He stated it will be quite an experience for people to come out to the real thinking family’s theme park during their stay in Florida; it is interesting to think about what they have done in space in 40 years and what they are doing currently; showed a picture of the STS 92 crew, which was the 100th shuttle mission; and noted since that flight in 1999, they are up to 111 shuttle missions and are launching a new generation of expendable launch vehicles, primarily through the efforts of Boeing and Lockheed Martin. He stated the Atlas V launched earlier this year; and Boeing’s Delta IV will be coming up this month. He stated there is a lot of activity at the Center; and they appreciate the Board’s support and the time to visit with the Board this morning.

Commissioner Carlson thanked Mr. Bridges for coming out; and stated the Board appreciates the update. She stated there was an article and picture in the newspaper about the space plane and the next generation consideration for the space shuttle; there has been a lot of different theories about what is going to replace the shuttle; and inquired what is the status of that and is there more information; with Mr. Bridges responding they hope to have the details of the plan today; unfortunately, he is unable to steal the thunder of his boss in Washington; they do not know if the President has released it to Congress yet; but it should be in the newspapers tomorrow. He stated they have been studying a way to reallocate the money they have in the budget to begin developing a crew transport capability to the Space Station in FY 2003, with the potential of increasing the crew size; the budget amendments will also address some upgrades of the space shuttle to keep it flying into the next decade; but they have not put a final date on that. He stated they will keep flying the shuttle as long as they need it, as well as fully finance the International Space Station and some future upgrades to it that will give them the potential to put additional crew members on it; and they will continue the technology advances that will lead them to a next generation launch vehicle. He stated they are excited at Kennedy Space Center to be part of this and has strong support for the vision and mission he mentioned earlier. Commissioner Carlson stated there was a lot of talk about Space Camp and whether it was going to continue; looking at NASA’s educational involvement numbers, she calculated from about 70,000 children in the educational system, they are reaching about 15%; and inquired what is the status of Space Camp and how are they going to draw more children into that realm; with Mr. Bridges responding they are going to add some programs to match their third element of their mission to inspire the next generation; NASA is reorganized and hired Doctor Dino Lauston, who was the President of San Jacinto College in Texas, to be its associate administrator for education; and there will be a number of new educational initiatives that will be announced over the next budget years. He stated the numbers in the report show the hands-on with students; given they have so few people, their primary outreach is to the educators; if they can train one educator, then they have many opportunities to touch students and hopefully inspire them to do more; and they have things that will be exciting in that area. He stated they are not going to reopen Space Camp, but will use some of the facilities associated with the Astronaut Hall of Fame; and they will be expanding the educational outreach through their district complex.

Commissioner Colon advised the Sheriff’s Department provides security during launches; and inquired if there is any way the County can get funding from the federal government for some relief. Mr. Bridges stated they pay taxes and provide a $1.3 billion economic impact to the community; they provide their own security on the site; and they ask for help for traffic control on the roads. He stated they believe the economic impact of the launches that generate the traffic is a boom to the local businesses; and they think a balance is a good tradeoff. Commissioner Colon stated she was talking about security after the September 11, 2001 tragedy; it has changed the way security was provided; and the impact to the Sheriff’s Department and the County is something the Board was not prepared for. She stated Bob Lay talked about the kind of coordination that has to happen between all agencies, the impact of the launches expected next year, and the kind of security the County has to provide locally; and inquired if there was talk from Washington of how communities like Brevard County could get funding. She noted when the Vice President was in the community, the financial impact was something the Board was not prepared for. Mr. Bridges stated with NASA’s small budget, it cannot take that on; he hopes Dave Weldon, Tom Feeney, and the Senators can help with the new Department of Homeland Security as far as impact relief; NASA appreciates the cooperation it gets and tries to carry its own weight inside the fence as far as security is concerned; and they have spent considerably more money to beef up their security at Kennedy Space Center, and have gotten over $40 million from the government to make their operations more secure.

Chairman Scarborough advised NASA and Delaware North have a lot of good programs; the problem is getting young people to the programs, particularly during the summer months; and Dr. DiPatri and the County’s Parks and Recreation staff are going out there to talk about transportation. He stated it destroys a mother’s day to take the children up there and bring them back; and if there was a means of transportation, it could be a more viable program. He stated it is one thing to train a teacher or bring astronauts into the schools, but the County has the capacity to augment that and make it work much better. Chairman Scarborough stated it was his hope that the activity on the International Space Station would drive additional launches; the full manning of the Space Station is critical to the viability of the launches in the community; and inquired when can the Board be sure the commitment is there to have a fully-functioning International Space Station. Mr. Bridges stated the Board should see indications of that in the paper tomorrow; the budget amendment will come out; there should be a commitment to more space shuttle launches in the future than what was announced; and he believes there is a commitment to launch as many times as needed to get the science done. Mr. Bridges stated their problem was getting their fiscal house in order; they have demonstrated that they have been able to do that with much stronger management information systems, better performance, and keeping up technical performance as well; so they believe that the future is bright and will get brighter. Chairman Scarborough stated the Board appreciates Mr. Bridges coming to the meeting; and recommended an applause for Mr. Bridges and the people at Kennedy Space Center for the wonderful job they are doing. Mr. Bridges presented a framed picture of the Shuttle crew to Chairman Scarborough and the Board, on behalf of all the people at Kennedy Space Center. Chairman Scarborough stated the Board is glad to be a part of NASA’s team.

REPORT, RE: AGENDA ITEMS

County Manager Tom Jenkins requested Items III.F.1, Resolution Approving Historical Commission Publications, Wholesale and Retail Prices, Retail Shop; and Authorize Bids for Sale of History of Brevard County Books, Volumes 1, 2, and 3; and Item VI.E.1, Direction for Use of Space Coast Stadium, be withdrawn from the Agenda for more information. He stated he will reschedule those items for another meeting.

REPORT, RE: KEEP BREVARD BEAUTIFUL AWARDS

County Manager Tom Jenkins introduced Larry Weber and Pat Brown from Keep Brevard Beautiful, and Loren Rapport, Brevard County Landscaper.

Larry Weber congratulated Commissioner O'Brien for eight years of dedication to the County; and stated he knows being a servant of the community is a long hard road to hold; and he appreciates what Commissioner O'Brien has done for Keep Brevard Beautiful and the County. Mr. Weber advised he appreciates all the people who ran for office as most of the signs were gone the next day; and noted after two days they become litter.

Mr. Weber advised Keep Brevard Beautiful has a Building A More Beautiful Brevard contest every year; this year there were 65 buildings nominated in four categories; the categories are new structures, major renovations, new major landscaping, and landscaping maintenance; and there were winners in each category in the North, Central, and South County areas. He stated they had 13 winners this year; a group of volunteer judges looked at the buildings and landscaping that were nominated; and Brevard County won two of those. He noted Pat Brown will present the awards to Loren Rapport.

Pat Brown advised the first award is for the Titusville Historical Courthouse new landscaping; and Loren Rapport had a lot to do with that project. She presented the award to Mr. Rapport. Ms. Brown advised the second award is for the Brevard County Government Center Building A new construction category; and presented the award to Mr. Rapport.

Loren Rapport advised during the last four years he had the opportunity to work with most of the Commissioners on landscape projects; and thanked the Board for its support; and he thanked his staff for their dedicated efforts.

Chairman Scarborough stated Brevard County has a lot of treasures; the greatest treasure is its people; Loren is one of the special treasures; and requested the Board applaud Mr. Rapport. The Board, staff, and audience gave a round of applause to Mr. Rapport.

RECOGNITION, RE: COMMISSIONER RANDY O’BRIEN, DISTRICT 2

County Manager Tom Jenkins advised there are several people who would like to make comments today; and recognized Rocky Randall, Mayor of the City of Cape Canaveral.

Mayor Rocky Randall advised he represents the small community of Cape Canaveral as its Mayor; and his reason for requesting time on the Agenda is to recognize Commissioner O'Brien and his assistance to their community while serving as the District 2 Commissioner for the past eight years. He stated Commissioner O'Brien was instrumental in constructing sidewalks along the highway, bicycle pedways, bridges over the canal on SR A1A, left-turn lanes on County roads in their community, and many other things, such as mosquito spraying when needed. He stated they treasure his consistency for standing up for his values; and all his efforts helped to make their little community a safer community. Mayor Randall advised in Cape Canaveral they have a very small Patriots Day parade to honor the last battle of the Revolutionary War that was fought off the coast of Cape Canaveral; described the entries in the parade; and noted the parade was always led by their District 2 Commissioner. He stated he would like to present a small token of appreciation from their City to Commissioner O'Brien, which says, “The City of Cape Canaveral presents the key of our City and recognizes Randy O'Brien for his accomplishments for our City in making it a safer and better place to live during his term as County Commissioner.” Mayor Randall presented the plaque to Commissioner O'Brien, and issued a challenge to incoming Commissioner Pritchard. He stated their need was on the front page of the newspaper which said, “Red tide kills fish, fouls beach area”; and inquired if Mr. Pritchard could do something about the red tide.

Commissioner O'Brien expressed appreciation to the City of Cape Canaveral for the plaque and the key to the City.

Mr. Jenkins recognized Ron Pritchard, representing the Citizens for Florida Waterways. Chairman Scarborough congratulated Ron Pritchard, who will soon be a County Commissioner.

Ron Pritchard advised he has worn many hats in his lifetime; next week he will have the opportunity to be part of the Board; and he is looking forward to working with each Commissioner so they can achieve what they all want, which is a better Brevard County. He stated Commissioner Colon sent him a note of encouragement; she has been a friend and comfort; and he appreciates her counsel. He stated today he is wearing the hat of President of Citizens for Florida Waterways, which he has worn for three years; it began in 1994 with the advent of what was supposed to be a desire to create responsible manatee protection, but it has not happened; and they are still working toward achieving the goal of having responsible waterway regulations. Mr. Pritchard advised during that time, Commissioner O'Brien has always championed the cause of responsible family boating; and they have a small token of their appreciation to give him. He presented a plaque to Commissioner O'Brien, which said, “Presented to Randy O'Brien, County Commissioner, 1994-2002, in grateful appreciation of your support of family boating, from Citizens for Florida Waterways.” He stated they appreciate all that he has done.

Mr. Jenkins recognized Mike McDonald from Tropical Park Civic Organization on Merritt Island.

Mike McDonald, President of Tropical Park Civic Organization, advised it is a community organization that has been around since 1957 and incorporated since 1967; he became President in the mid-1990’s, and had the opportunity to speak with Commissioner O'Brien right after he was elected to the Commission; and he has worked with Commissioner O'Brien for eight years. He stated Commissioner O'Brien has been a huge help with their small community moving forward and providing for citizens of that area; they have a revitalization plan that is completed as written, but they are working to pull it together before bringing it to the Board for approval; and Commissioner O'Brien was a large part of that as well as his Assistant Rose. He stated the District 2 Office always worked with the community, and it did not matter what size it was or the income level of the community. He stated Commissioner O'Brien is a strong person who helped them move forward; and they would like to thank him by presenting a plaque to him from the Tropical Park Civic Organization, which says, “Presented to Commissioner Randy O'Brien. Sincere thanks for eight years of public service to the citizens of District 2 and Brevard County. May your zeal and dedication follow you throughout your life.” Mr. McDonald presented the plaque to Commissioner O'Brien who thanked him for the recognition.

Mr. Jenkins recognized Bert Francis, Jr. and Doug Robertson of Merritt Island Redevelopment Agency.

Doug Robertson, Consultant Director to Merritt Island Redevelopment Agency (MIRA), advised with him is Bert Francis, Jr., Director of MIRA; and they are here to say thank you to Commissioner O'Brien for his services. He stated on a personal note, he wants to say working with Randy on every development effort has been nothing short of fun; that has made his job a lot easier; and he thanks him for that. He stated the MIRA Board has handed Randy and the Commission some very difficult projects over the last few years; but through his support and leadership, they were able to accomplish those projects and changed the face of Merritt Island for the better. He stated Merritt Island is a better place today than it was when Commissioner O'Brien first came on board; and Bert Francis would like to present a plaque to him and say thanks on behalf of the MIRA Board.

Bert Francis, Jr. stated it has been a pleasure working with Randy; and read the inscription on the plaque as follows: “Presented to Randy O'Brien in appreciation of your eight years of dedicated leadership and outstanding accomplishments as District 2 County Commissioner for your support of the MIRA. 1994 to 2002.” He expressed sincere thanks to Randy on behalf of the entire staff at MIRA and the entire community; and noted they will miss him.

Commissioner Colon stated Commissioner O'Brien is a big Yankee fan; when she came on board, he ragged her because she is a big Mets fan; now that he is leaving, she wants to give him a jacket that will fit him perfectly so he will not forget them; and displayed a small child’s Mets jacket. She stated since Commissioner O'Brien will be going on a lot of cruises, she wanted to make sure he did not forget them again, and displayed a Mets backpack. She read some favorite sayings; and noted she will frame it for him. Commissioner Colon stated Randy called her “shortcakes,” but she is sure he did not say that to Commissioner Higgs because he knew better. She stated other famous sayings are, “Can someone please go get Randy,” “Go Mets,” “Don Johnson,” because Randy does not wear socks; however, her favorite line to him is, “Randy, you are going to ruin my reputation if we keep voting on the same things.” She stated when she came into the meeting room she would ask him, “O’Brien, are you going to behave today”; and his answer was always, “no way.” She stated something Commissioner O'Brien would say that she would not is, “I’m always in trouble, but it’s so much fun”; and from all the Commissioners, “Leave if you must, but remember one thing, that we only make fun of people who are not here to defend themselves.”

Chairman Scarborough presented a plaque to Commissioner O'Brien; stated it is with great pleasure that they present it to him; and it has indeed been a lot of fun. He stated he remembers the leprechauns and squirrels; and noted Randy brought a lot of fun to the Board.

Commissioner O'Brien thanked the Commissioners and stated it has been a pleasure working with them also.

Commissioner Higgs stated she has sat by Randy for eight years; they disagreed frequently, but were always able to maintain a friendly relationship; and she appreciates that. She stated he doodles and brought her crayons because he knew she could not draw. She wished him the best in everything he does; and noted she will withhold further remarks in case he misbehaves throughout this meeting.

Commissioner Carlson congratulated Commissioner O'Brien for eight successful years; and stated one thing she will miss the most is his levity. She stated part of the job description to become an effective commissioner is to have a sense of humor; and she hopes Commissioner Pritchard, when he is the new Commissioner, will have the same sense of humor and the rest of the Board a little better sense of humor. She thanked Randy for all that he has done.

REPORT, RE: COMMUNITY-BASED CARE

Commissioner Higgs advised last week she sent the Board an addition to the legislative package; there are indications from the Department of Children and Families that it is looking to fund the community-based care efforts between 90 and 94%; and recommended the Board inform the Legislative Delegation that it is interested and committed to participate, but is concerned about the funding, and hopes they will be supportive of full funding for that effort.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize including in the Legislative Package information to the Legislative Delegation advising that the Board is interested and committed to participate in community-based care, and requesting its support of full funding of that effort. Motion carried and ordered unanimously.

REPORT, RE: SAMPLE OF THE ARTS – STRAWBRIDGE ART LEAGUE

Commissioner Carlson advised Siri German of the Strawbridge Art League is here to provide comments about the League.

Siri German advised the following events are free and open to the public: the general meeting on November 20, 2002 at 7:00 p.m., which will feature artist John Houton doing an art demonstration of a portrait in oil; and it will be held on the second floor of the Henegar Center for the Arts in downtown Melbourne. She stated Art Works 2003 is scheduled for November 23 and 24, 2002 from 10:00 a.m. to 5:00 p.m. on Highland Avenue in Eau Gallie; and admission will be taken up to 24 hours in advance of the show. She stated the Traveling Patriotism Exhibition, which has been a great success, will be at the Government Center in Viera, Building C, from December 9, 2002 to March 6, 2003; and the Vision 2003 will open February 1, 2003 at 7:00 p.m. in the Grand Ballroom of the Henegar Center, which is their biggest event of the year. Ms. German advised there are always art exhibits by Strawbridge Art League held on the main floor of the Henegar Center for the Arts, and all are welcomed.

REPORT, RE: BREVARD COUNTY GOVERNMENT SUMMIT

Commissioner Colon advised during the first week of December, they will have some of the City Managers come and do a presentation of what they are expecting to do for the Brevard County Government Summit in January, 2003. She stated they have been able to get wonderful support because it takes funding to put the summit together.

REPORT, RE: TOWN MEETING

Commissioner Colon advised her town meeting on Saturday was well attended; the entire Council from the City of Palm Bay gave the citizens opportunity to meet the newly-elected officials Donna Brooks and Ken Green, Mayor Geier who was re-elected, and Pat Woodard who was automatically a council member because no one ran against him, which was a historical event for the City because it had not been done before. She stated Bob Lay gave them a lot of information regarding homeland security; and it was a successful meeting.

ANNOUNCEMENT, RE: DEER RUN

Commissioner Colon announced the Deer Run issue was deleted and will not be heard today.

REPORT, RE: 2003 BOARD MEETING SCHEDULE

Commissioner Colon requested the 2003 Board Meeting Schedule be postponed to get feedback from incoming Commissioner Ron Pritchard, and if there are conflicts on dates, they will be able to give that information to Mr. Jenkins ahead of time. Commissioner Carlson stated she was going to request pulling the schedule because she has some date issues.

Chairman Scarborough instructed the County Manager to reschedule the 2003 Board Meeting Schedule under new business.

REPORT, RE: AGENDA ITEM

Commissioner O'Brien requested Item III.B.6, Agreement with the Housing Authority of the City of Cocoa, be pulled for discussion of accountability.

RESOLUTION, RE: COMMENDING BILL VAN ENGELENBURG

Chairman Scarborough advised Bill Van Engelenburg has served on the TiCo Airport Authority and Economic Development Commission, but he has resigned; and he would like to have a resolution recognizing Mr. Van Engelenburg’s efforts.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution expressing appreciation to William van Engelenburg for his long time service to the citizens of Brevard County on the TiCo Airport Authority and Economic Development Commission. Motion carried and ordered unanimously. REPORT, RE: LETTER SUPPORTING HYDROGEN CENTER

Chairman Scarborough advised he received a draft of a letter regarding the potential to receive additional hydrogen research monies from the federal government; they were able to capture a considerable portion through UCF that would be applied to Brevard County; there are State funds available; and the Board needs to express its interest to have the center funded. He requested authorization to rework the letter and to get approval of it in concept.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to authorize the Chairman to send a letter to the Emerging Technology Commission of the Office of Tourism, Trade, and Economic Development, supporting the Florida Solar Energy Center’s proposal to create a Hydrogen Center of Excellence. Motion carried and ordered unanimously.

REPORT, RE: COMMISSIONER RANDY O’BRIEN

Commissioner Colon advised when she first came on board, she thought Commissioner O'Brien and her would not see eye to eye on a lot of issues; it was surprising to her that it was not the case; and she is happy for that. She stated she will miss Commissioner O'Brien and their little jokes that she looked forward to, and would like to take the opportunity to tell him it was an honor working with him although he was responsible for getting them very angry at times and also making them laugh. She thanked Commissioner O'Brien’s staff; stated they are wonderful and professional people who worked closely with her office on a few issues; and stated Commissioner O'Brien can be proud of them. She stated she will miss him; and commented now that she has said that, she has definitely ruined her reputation.

RESOLUTION, RE: COMMENDING FREDA SCHILDROTH, NAMI PRESIDENT

Commissioner O'Brien advised the Board recognizes people in the community who do extraordinary things; and cities with huge populations are expected to outshine those from smaller communities, but Freda outshines everyone in the State and stands alone, in that she has done something very important. He read the resolution honoring Freda Schildroth, President of the Space Coast Chapter of the National Alliance for the Mentally Ill (NAMI).

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Resolution recognizing Freda Nelson Schildroth for her statewide recognition by the Florida NAMI as “Advocate of the Year”, her dedicated service to the citizens of Brevard County, her outstanding advocacy for persons with mental illness, and her years of volunteer community service, and wishing her good health and happiness in the years to come. Motion carried and ordered unanimously.

Commissioner O'Brien presented the Resolution to Ms. Schildroth who stated this is a totally different experience for her; and she is honored, humbled, and somewhat embarrassed because by helping others, she is also helping her family. She stated it is rewarding to know she had a part in helping others, and possibly in saving someone’s life; but to receive public recognition is awesome. Ms. Schildroth advised her son Jeff has schizophrenia; the onset of his illness was before age 15; however little was known or discussed in the 1970’s about brain disorders. She stated Jeff was diagnosed with depression at age 16, but nobody told them it was clinical depression; and described his personality and intelligence. She stated once he graduated from high school, the symptoms of full-blown schizophrenia set in; he and they have struggled with his illness for almost 25 years; and like all families who deal with mental illnesses, they hope today will be a good day, and do one day at a time. Ms. Schildroth advised anything she has accomplished in her professional or private life, she has not done alone; she had the help, support, and mentoring of a brilliant and outstanding group of supervisors, friends, and people who are eager to help others; and thanked the Board for the Brevard County Commission on Mental Health and Community Solutions, which has expanded her circle of friends to include more people who are able to help the people who call her. She stated the County has a wonderful staff; each is always willing and able to give assistance; Trish Wimmer is a true lady of courage and beauty and an inspiration to all; but more important to her, she has a wonderful husband Bill, who supports her in everything she does. She stated without his help and encouragement she would have escaped into her safe little world long ago. She requested the Board approve the recommendations from the Commission on Mental Health and Community Solutions for inclusion in the Legislative package; stated the Commission has accomplished a lot, but there is much more to be done; and it is her hope it will be extended and not sunset in January 2003. She thanked the Board for the recognition; stated she is humbled by it and extremely proud; and because this Board is so supportive of mental health, substance abuse, and homelessness issues, it has demonstrated that it cares about and tries to help those who are most vulnerable. She thanked all the people who helped her to help others; and extended a membership form to Commissioner O'Brien to join NAMI and advocate for people from the other side of the podium. She presented a bell to Commissioner O'Brien, and suggested he ring it when he finds he is not getting the attention he deserves; wished him the best; and thanked him for all his efforts.

RESOLUTION, RE: PROCLAIMING FARM-CITY WEEK

Commissioner Carlson read the resolution proclaiming November 22 through 28, 2002 as Farm- City Week in Brevard County.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution proclaiming November 22 through 28, 2002 as Farm-City Week in Brevard County and calling upon citizens in rural and urban areas to acknowledge and celebrate the achievements of all those who produce an abundance of agricultural projects that strengthen and enrich our community and our nation. Motion carried and ordered unanimously.

Commissioner Carlson presented the Resolution to Steve Crisafulli, Vice President of Brevard County Farm Bureau, who thanked the Board for the recognition and its continued support. Bud Crisafulli stated, on behalf of the agricultural community, they appreciate the support of the Board, staff, and retiring Commissioner O'Brien. He stated he has a brochure for the Agriculture Awareness Tour that will take place on Friday; Agriculture and Extension Services Director Jim Fletcher was here but had to leave; and he will leave the brochure with the Board.

RECOGNITION, RE: EMPLOYEE LONGEVITY

County Manager Tom Jenkins advised this is an opportunity to recognize the long-time serving employees; there are four employees who have 30 years of service; and Jack Masson and Don Boykin are here, but Duke Brumbaugh of Facilities and Kevin Kemmerling of Public Works Traffic Engineering could not make it.

Mr. Jenkins advised Jack Masson began his career with Brevard County as a District 1 Recreation Intern in 1970 when he was a senior at the University of Florida; and he became employed as a Recreation Leader, working in athletics and aquatics. He stated Jack has progressed through the ranks, and achieved numerous promotions throughout the Parks and Recreation Department, with his most recent being in February 1996 to Assistant Parks and Recreation Director, where he continues to serve today. He stated during Jack’s long and illustrious career, he has worn many hats within the Parks and Recreation Department, has received numerous accolades for his dedication, including his selection for the Excellence in Public Service Award in 1992; and his adaptability and dedication to Parks and Recreation and his community make him a valued employee. He congratulated Jack Masson on his accomplishments.

Mr. Jenkins advised Don Boykin started as a firefighter in 1972, and since 1974, has been an officer and leader within Brevard County Fire Rescue. He stated as a fire officer, Don looked to the future, securing apparatus and equipment to prepare for future generations, and has always continued that. He stated throughout Don’s career as a Lieutenant, Captain, Battalion Chief, Fire Chief and Public Safety Director, he has always strived for the best for his employees and the citizens of Brevard County. He stated Don entered the DROP Program and his career is winding down; he currently runs the best emergency services fleet program in the State of Florida; and that is how he is finishing out his career. He stated thanks to Don’s initiative and drive, the emergency vehicles for Fire Rescue are routinely repaired in days or hours and are ready to go for the personnel who need to have them; and he has saved the taxpayers thousands of dollars by building brush trucks in-house rather than having to buy them. He stated Don takes surplus military vehicles and builds brush trucks for the County; he has saved the County a tremendous amount of money doing that; and Brevard County Fire Rescue owes a great deal to Don Boykin for his 30 plus years of service and leadership, which helped to make Fire Rescue what it is today. He congratulated Don Boykin on his accomplishments.

Assistant Parks and Recreation Director Jack Masson stated he is happy to be a part of the Randy O'Brien appreciation day and has not seen as many co-workers together except on pay day; and the last time they had that many people, was when he and Chuck Nelson tried to mandate taking away lunch breaks from their staff. He stated he is truly humbled by the position and really enjoys it; he too is in the DROP Program, so Don does not have anything on him; and he has about three more years to work unless something is decided differently. He reminded Commissioner O'Brien and Ron Pritchard that he is the self-proclaimed Mayor of West Cocoa, which is in District 2; thanked the Board for its support; stated it is indeed an honor for him and he is having fun because these are the best days for Parks and Recreation since they have some money to build new parks. He stated it is really fun to be involved with the staff and an honor working with them, his boss Chuck Nelson, and the Board.

Don Boykin stated he does not know how to sum up 30 years other than to say he had a tremendous amount of pleasure doing what he is doing. He stated he loves the Department and always will; and he would like to thank Mr. Jenkins who allowed him to work on the picnic for the last 12 years. He stated it was certainly an opportunity; quite often he was volunteered; and he did not know he had a choice to turn down anything. He stated the Department has grown a lot; when he first started, he was building brush trucks; he is still building brush trucks; and he has served in just about every position in the Department. He stated he loves the Fire Department and the people he works with; and thanked the Board for the opportunity.

Mr. Jenkins advised there are several individuals who have served 25 years with the County; Trudy Martell from Library Services, Steve Franks from Parks and Recreation, and Hester McIntyre from Transit Services are here; and Kathleen Good with Library Services, Betty Abel with Parks and Recreation, Everett Jones with Public Works, and Carl Kemper with Public Works could not make it.

Mr. Jenkins advised Trudy came to the Library System in 1977 and began working in the Circulation Department in North Brevard Library; she was promoted in 1981 to Supervisor of the Film Library, which was located in the Merritt Island Courthouse; and when the Cocoa Library became the Central Brevard Library, she moved into the current location and became the Supervisor of the Central Audio/Visual Department and continued to be responsible for the film library. He stated many teachers, home schooling parents, community groups, and individuals contact Trudy to borrow the wide range of films she maintains in the Library; and because of her good service and relationships with the public and staff, she received the Library Star Award as the staff bridge builder in 2001. He congratulated Trudy on her accomplishments.

Mr. Jenkins advised Steve Franks has served the Parks and Recreation Central Area Mainland Service Sector since 1977; he was hired as a Maintenance Worker at Provost Park and surrounding parks; and he became proficient at ball field maintenance, equipment operation, and as the pool man for the Central Area. He stated in 1986, Steve used his talents to assist in building the Rockledge Park pavilion; in 1988, he helped to build the Rockledge tennis courts, office, and restroom facilities; and through the years, he has helped to construct all types of ball fields in the Central Area. He stated in June 1992, Steve was promoted to General Repair Technician; and in 1997 to Parks Supervisor where he continues to serve today at Stradley Park. He stated throughout his career with Brevard County, Steve has always been willing to do whatever it takes to get the job done; and his file is packed with commendations from co-workers, supervisors, and user groups. He congratulated Steve on his accomplishments.

Mr. Jenkins advised Hester McIntyre was hired as a Vehicle Operator/Bus Driver with Brevard Transportation Authority in 1977; she was responsible for various fixed and demand response routes throughout Brevard County; and during her employment with the Transportation Authority, she was dispatcher, analysis statistician, and responsible for onsite supervision in the absence of her immediate supervisor. He stated when the Brevard Transportation Authority and consolidated agencies merged to form Space Coast Area Transit (SCAT), Hester was recruited due to her outstanding job performance as a Vehicle Operator, and was promoted to Vehicle Operator III due to her excellent driving record. He stated in December 1999, she was again promoted to SCAT’s first Radio Operator, and has been an outstanding employee for Transit Services. He congratulated Hester on her accomplishments.

Chairman Scarborough inquired if the honorees wished to make any comments, but they declined.

REPORT, RE: SAMPLE OF THE ARTS

Commissioner Carlson stated evidently there was a misunderstanding regarding the Sample of the Arts; and Kay Burk and Sara Dessureau may be able to clarify it.

Kay Burk, President of Brevard Cultural Alliance, advised the County Community Cultural Grant Program invites grant recipients to present a display out front and come before the Board to introduce their organizations; there were two groups that appeared this morning; but the organization scheduled to appear was the Space Coast Art Festival. She stated its festival takes place in November; and Sara Dessureau will make a presentation.

Sara Dessureau stated, on behalf of the Board of Directors of the Space Coast Art Festival, she would like to thank the Board for its support and approval of funding for the community cultural grants administered by Brevard Cultural Alliance. She stated through the Board's continued support and encouragement arts organizations are able to provide meaningful and educational art opportunities for Brevard County citizens throughout the year. She advised their 39th Annual Space Coast Art Festival will be held November 30 and December 1, 2002; and it will be a success again because of the support and cooperation they receive from the County, Brevard Cultural Alliance, local business organizations, and many individuals who donate both time and money. Ms. Dessureau stated during the past year they have sponsored exhibits at Margaret Hines Gallery to showcase the art work of Brevard County artists; they are looking forward to having an exhibit in February, which will showcase the art work of the 39th Art Festival student winners; and they hope the Commissioners will be able to join them for the opening reception. She requested everyone to stop by and see their display in the lobby and this year’s poster; and stated all the activities throughout the County would not be possible without the Board’s continued support.

The meeting recessed at 10:30 a.m., and reconvened at 10:48 a.m.

FINAL PLAT APPROVAL, RE: HERONS’ LANDING, PHASE 2, UNIT 6B

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant final plat approval for Heron’s Landing, Phase 2, Unit 6B, 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, RE: HERONS’ LANDING, PHASE 2, UNIT 7

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant final plat approval for Heron’s Landing, Phase 2, Unit 7, 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 PINEDA CROSSING CORP.,
RE: DEER LAKES SUBDIVISION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant final plat approval for Deer Lakes Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining jurisdictional permits; and execute Contract with Pineda Crossing Corp. guaranteeing infrastructure improvements in the Subdivision. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH RALPH AND UNA BOULWARE,
RE: AMANDA’S AVENUE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Ralph and Una Boulware for a building permit off the existing right-of-way of Amanda’s Avenue constructed to the standards of the Unpaved Road Ordinance, Section 62-102. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING PLANNING AND ZONING FEE SCHEDULE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution revising the Planning and Zoning fee schedule establishing new fees for activities in site plan and subdivision review process and increasing zoning review fees for commercial building permits. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
SECTION 62-1102, NON-SUPPORTING WALLS AS FENCES

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize advertising a public hearing to consider an ordinance amending Chapter 62-1102, to allow non-supporting walls constructed as fences to be exempt from setbacks. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
ZONING CODE MINIMUM LOT DEPTH REQUIREMENT FOR RR-1

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize advertising a public hearing to consider an ordinance amending the Zoning Code to modify minimum lot depth requirement of RR-1 zoning classification. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE #35-2002 FROM CITY OF TITUSVILLE,
RE: ANNEXATIONS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to acknowledge receipt of Ordinance No. 35-2002 from the City of Titusville annexing approximately 6.5 acres in North Titusville between FEC Railroad and Old Dixie Highway, and one acre with a single-family residence currently under construction along the east edge of Carpenter Road, south of Garden Street. Motion carried and ordered unanimously.

EXTENSION OF LEASE AGREEMENT, RE: CAT GRADER AND LOADER

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to extend Lease Agreement for a 12H CAT grader with 14-foot blade and CAT 950 4-wheel drive loader with 4.0 cubic yard bucket at not to exceed 18 months. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH TOWN OF MALABAR, RE: IMPROVEMENTS
TO BENJAMIN ROAD

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Interlocal Agreement with the Town of Malabar for improvements to Benjamin Road to bring it up to current Brevard County dirt road standards, with the Town reimbursing the County for the work. Motion carried and ordered unanimously.

RESOLUTION AND AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION,
RE: MAINTENANCE OF STREET LIGHTS ON WILLARD PEEBLES BRIDGE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution and execute Agreement with Florida Department of Transportation for maintenance of street lighting on SR 520 Willard Peebles Bridge. Motion carried and ordered unanimously.

LEASE PURCHASE AGREEMENT WITH CITICORP REAL ESTATE, INC.,
RE: REPLACEMENT OF TRAFFIC SIGNAL BULBS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Lease Purchase Agreement with Citicorp Real Estate, Inc. for replacement of all red, green, and pedestrian traffic signal bulbs with Light Emitting Diodes (LED’s). Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: PARKWAY
OUTFALL, PHASE 2

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant permission to bid, award bid to lowest qualified bidder for Parkway Outfall, Phase 2, and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

RESOLUTION, RE: EXTENDING FERAL CAT ADVISORY GROUP

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution extending the Feral Cat Advisory Group until March 31, 2003 to complete its assigned task of providing recommendations regarding Chapter 14 of the Brevard County Code, Animal Enforcement Ordinance, to reduce the feral cat population in Brevard County. Motion carried and ordered unanimously.

AUTHORIZATION TO AMEND BY-LAWS, RE: COMMUNITY ACTION BOARD

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve amending the by-laws governing the Community Action Board. Motion carried and ordered unanimously.

APPROVAL OF PURCHASE, RE: SHELVING FOR PORT ST. JOHN LIBRARY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve the purchase of shelving for Port St. John Public Library using the State’s Contract at approximate cost of $50,000. Motion carried and ordered unanimously.

SUNSET REVIEW, RE: POLICY BCC-22, RECORDS MANAGEMENT PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve revised Policy BCC-22, Records Management Program, in accordance with Policy BCC-31, Sunset Review of Programs, Services, Ordinances, and Regulations. Motion carried and ordered unanimously.

APPROVAL, RE: LIBRARY SYSTEM FY 2003 PLAN AND UPDATED LONG-RANGE PLAN

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve the Library System FY 2003 Plan and the updated Long-range Plan as approved by the County Library Board. Motion carried and ordered unanimously.

RESOLUTION AND AGREEMENT WITH BREVARD CULTURAL ALLIANCE, INC.,
RE: CULTURAL ARTS AGENCY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution and execute Agreement with the Brevard Cultural Alliance, Inc. to act as the cultural arts agency for Brevard County. Motion carried and ordered unanimously.

COUNTY DEED TO BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND OF THE STATE OF FLORIDA, RE: SCHOPKE/BARGE PROPERTY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute County Deed in favor of the Board of Trustees of The Internal Improvement Trust Fund of the State of Florida for 0.045? acre of the Schopke/Barge property. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF ROCKLEDGE, RE: FIRE AND MEDICAL SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Agreement with the City of Rockledge to provide fire and medical services to the unincorporated areas within and adjacent to the City, and delegate the County Manager or his designee the authority to execute renewal options as outlined in the Agreement. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF COCOA BEACH, RE: FACILITY TO HOUSE COUNTY
FIRE RESCUE AND AMBULANCE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Agreement with the City of Cocoa Beach to provide a facility to house Brevard County Fire Rescue personnel and 911 ambulance; grant permission to bid, award bid, and execute contracts with lowest qualified bidders for facility modifications when the design is completed; and authorize the County Manager to execute the contracts. Motion carried and ordered unanimously.

APPROVAL, RE: FULL-TIME POSITION FOR OCEAN LIFEGUARD PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve upgrading Assistant Ocean Lifeguard Chief position to full-time Operations Specialist I, with realignment of line supervision in the Ocean Lifeguard Program providing the additional funding for the upgrade starting November 30, 2002. Motion carried and ordered unanimously.

AGREEMENT TO EXTEND EXISTING CONTRACT WITH RYDER TRANSPORTATION
SERVICES, INC., RE: VEHICLE MAINTENANCE FOR SCAT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Agreement to Extend Existing Contract with Ryder Transportation Services, Inc. to provide vehicle maintenance for Space Coast Area Transit (SCAT). Motion carried and ordered unanimously.

PURCHASE OF SERVICE AGREEMENT WITH COMMUNITY SERVICE COUNCIL OF
BREVARD, INC., RE: SCAT TRANSPORTATION FOR SENIORS AT LUNCH PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Purchase of Service Agreement with the Community Service Council of Brevard, Inc. for Space Coast Area Transit to provide transportation for the Seniors at Lunch Program. Motion carried and ordered unanimously.

SHORE PROTECTION PROJECT, RE: BEACH RESTORATION LIABILITY PROTECTION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve requesting the Brevard Legislative Delegation to amend the Florida Statutes to protect local Government from liability for accidents attributable to environmental mitigation such as rock placement in the surf zone. Motion carried and ordered unanimously.

APPROVAL OF GRANT APPLICATION TO FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION, RE: RESEARCHING BEACH RENOURISHMENT
FACTORS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve grant application to Florida Fish and Wildlife Conservation Commission for researching beach renourishment factors; authorize staff to serve as the local government administrator for researching beach renourishment factors that minimize turtle nesting impacts and meet storm protection performance standards; authorize the Chairman to execute Contracts with the Conservation Commission and with Coastal Technology Corporation, as amended by the County Attorney, for completion of all project deliverables; and authorize amending the Natural Resources Management Office’s budget to reflect the grant revenue and contract expenditures. Motion carried and ordered unanimously.

APPROVAL OF GRANT APPLICATION TO FLORIDA DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES, RE: SURVEY OF RARE PLANTS IN BREVARD COUNTY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve a grant application to the Florida Department of Agriculture and Consumer Services for a survey of rare plants in Brevard County; execute three Grant Contracts for a total of $24,100 to survey six species of federally-listed endangered plants; and authorize advertising, awarding, and execute agreements pursuant to the Grant Contracts. Motion carried and ordered unanimously.

AWARD OF BID #B-4-01-85 AND CONTRACT TO SPEEGLE CONSTRUCTION II, INC.,
RE: SOUTH BEACHES WASTEWATER TREATMENT PLANT HEADWORKS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to award Bid #B-4-01-85, South Beaches Wastewater Treatment Plant Headworks Renovations, to Speegle Construction II, Inc.; and execute Contract with the contractor for the project. Motion carried and ordered unanimously.

ACCEPTANCE, RE: PAYROLL/TIMEKEEPING AND TRANSIT SERVICES DEPARTMENT
GRANTS AUDIT REPORTS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to accept the Payroll/timekeeping and Transit Services Department grants audit reports as accepted by the Internal Audit Committee. Motion carried and ordered unanimously.

AGREEMENT WITH JUSTICE ADMINISTRATIVE COMMISSION, RE: CHILD
DEPENDENCY COURT SERVICES GRANT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Agreement with Florida Justice Administrative Commission accepting a grant for $83,786.85 for Child Dependency Court services; and authorize budget actions associated with the grant. Motion carried and ordered unanimously.

AUTHORIZE PRE-QUALIFICATION, RE: BID #B-2-02-79, ERNA NIXON PARK
BOARDWALK RENOVATION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize staff to proceed with pre-qualification of the next lowest responsive bidder for the Erna Nixon Park Boardwalk Renovation Project as recommended by the Pre-qualification Committee and upheld by the Protest Committee. Motion carried and ordered unanimously.

REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN,
RE: 280 ORANGE HAVEN DRIVE, MERRITT ISLAND

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve reduction of accrued fine for Case #99-3344 from $3,150 to $268 and payment of prosecution cost of $156; and direct staff to prepare and execute the Release and Satisfaction of Lien upon receipt of payment. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING PUBLIC SAFETY DEPARTMENT CAPITAL
ACQUISITION TAX EXEMPT COMMERCIAL PAPER LOAN

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, authorizing the borrowing of not to exceed $240,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the terms of the Loan Agreement in order to finance all or a portion of costs for the acquisition of a tanker vehicle for the Public Safety/Fire Rescue Operation, including the reimbursement of certain costs incurred by the County in connection therewith, if any; authorizing the execution of a Loan Note or Loan Notes to evidence such borrowing and agreeing to secure such borrowing with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the Loan Agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. Motion carried and ordered unanimously.

ACCEPTANCE OF LEGISLATIVE INTENT AND GRANT PERMISSION TO ADVERTISE
PUBLIC HEARING, RE: ORDINANCE DESIGNATING CONSUMER PRICE INDEX

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to accept the legislative intent of a proposed ordinance amending the fixed amount for the issuance of non-ad valorem tax revenue bonds; providing for periodic review and adjustment in a manner required by the Brevard County Charter; authorizing the adjustments to increase or decrease the maximum based on a generally accepted consumer price index; and designating a generally accepted consumer price index; and authorize advertising a public hearing to consider adoption of the ordinance. Motion carried and ordered unanimously.

APPOINTMENT, RE: ANIMAL SERVICES AND ENFORCEMENT DIRECTOR

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to confirm the County Manager’s appointment of Craig Engelson to the position of Animal Services and Enforcement Director. Motion carried and ordered unanimously.

EXECUTION, RE: NATIONWIDE RETIREMENT SOLUTIONS 457 DEFERRED
COMPENSATION RETIREMENT PLAN LOAN AMENDMENTS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Loan to Participants and Domestic Relations Amendments to the County’s 457 Plan Document with Nationwide Retirement Solutions. Motion carried and ordered unanimously.

APPROVAL OF PAYMENT, RE: EMPLOYEE INNOVATIONS PROGRAM AWARD

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve payment of $50 to Lisa Gillis of Information and Communication Systems Department for her suggestion on distribution of Administrative Orders. Motion carried and ordered unanimously.

APPROVAL, RE: WORKERS’ COMPENSATION CLAIM OF SHERMAN CHAPMAN

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve negotiated Workers’ Compensation claim settlement with Sherman Chapman, who injured his lumbar spine while performing his duties as an electrician for Facilities Maintenance Department, for $100,000 plus attorney’s fees of $10,750 as full, final, and complete settlement with a general release for all dates of accident and voluntary resignation from County employment. Motion carried and ordered unanimously.

APPROVAL OF PAYMENTS, RE: COMMUNITY CULTURAL GRANTS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve payment of cultural grants as follows: $8,532 to Surfside Playhouse, Inc.; $10,238 to Melbourne Art Festival, Inc.; $10,238 to WFIT; $13,163 to The Henegar Center for the Arts; $439 to Earth

Awareness, Inc.; $11,700 to Brevard Symphony Orchestra; $3,413 to Brevard Symphony Youth Orchestra; $5,850 to VSA of Florida, Brevard; $5,850 to Melbourne Municipal Band; $11,700 to The Historic Cocoa Village Playhouse; $10,238 to Space Coast Pops, Inc.; $10,238 to Space Coast Art Festival; $10,238 to Brevard Museum of History and Science; and $13,163 to Titusville Playhouse, Inc. Motion carried and ordered unanimously.

APPROVAL OF EXECUTIVE SESSION, RE: McKEEVER v. BREVARD COUNTY, AND
BORSELLA v. BREVARD COUNTY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize advertising and scheduling an executive session on December 3, 2002 at 11:30 a.m. or as soon thereafter as possible to discuss strategy related to the McKeever v. Brevard County, and Borsella v. Brevard County cases. Motion carried and ordered unanimously.

APPROVAL OF EXPENDITURE BY SHERIFF’S OFFICE, RE: REMAINING 2000 LOCAL
LAW ENFORCEMENT BLOCK GRANT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize the Sheriff to spend the final portion of the 2000 Local Law Enforcement Block Grant in the amount of $56,894 plus interest for the Automated External Defibrillator Program. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to appoint Russell Alarie to the Titusville-Cocoa Airport Authority with term expiring July 20, 2005, and Joseph Hale to Melbourne-Tillman Water Control District, with term expiring September 30, 2004. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

FINAL PLAT APPROVAL, RE: INDIAN LANDING RIVERSIDE SUBDIVISION,
PHASE IV REPLAT

Ed Fleis, representing Floridron, advised there has been a concern on the final plat as to what is depicted; they are permitted by the St. Johns River Water Management District to only have 22 boat slips on the Kel Fox Canal, which is what they are doing and providing for in the plat; but there is another lot that fronts the canal and that has been an issue whether or not that lot will also have a future boat dock. He stated they will add a note to the final plat that says the number of boat docks on the Kel Fox Canal is limited to 22.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to grant final plat approval for Indian Landing Riverside Subdivision, Phase IV Replat, subject to minor changes as necessary, receipt of all documents required for recording, developer responsible for obtaining all appropriate jurisdictional permits, and boat slips on the Kel Fox Canal limited to 22 be noted on the final plat. Motion carried and ordered unanimously.

APPROVAL, RE: MANATEE PROTECTION PLAN PROPOSED AMENDMENTS AND
SCHEDULE WORKSHOP

Sandra Clinger, representing Save the Manatee Club, advised it has been about ten years that the County has been working on developing a manatee protection plan; during that time, the plan has gone back and forth between the State and County, sometimes with long delays in responses; and the County still does not have an approved plan. She stated in 2002, several things changed that give hope that they can resolve this issue fairly easily; for the first time, they received a clearly articulated list of changes that the Fish and Wildlife Conservation Commission (FWCC) is going to require in order to approve a manatee protection plan for Brevard County; and luckily the list is not very long. She stated in the Agenda item are attachments A and B; there are three main areas the FWCC has identified that it takes issue with in the plan; and the largest one has to do with the boat facility siting element, which is only one component of a much larger plan. She stated the second area is that FWCC feels it is important to have an implementation schedule in the plan, which addresses how the plan will be implemented into the future; and the last area is that the executive summary should contain a statement about the County working towards compliance with the Marine Mammal Protection Act. She stated that is something the County has not contemplated in the past, but it is going to be an issue in the future as the Fish and Wildlife Service is adopting tech regulations under the Marine Mammal Protection Act that will come into play in the future; and it is important to ensure that the County is working towards compliance with that federal regulation. Ms. Clinger requested the Board direct staff to put together packages that will allow the Commissioners to focus on areas of deficiency in the plan and that will allow the Board to understand what the FWCC is asking of the County and requiring for manatees to be protected. She stated there are four main things that will help the Board understand that: (1) a copy of the 2000 draft plan submitted to the State that was rejected, updated with all the new data and typographical errors and minor changes outlined by the FWCC corrected in underline and strike-through format; (2) a copy of the boat siting element submitted as an attachment to the plan to the FWCC in the last go around, which was also rejected, indicating the changes the State would require in that element before it could approve it; (3) a copy of the County’s executive summary incorporating some statement indicating compliance with the Marine Mammal Protection Act; and (4) a proposed implementation schedule for the plan. Ms. Clinger stated the focus of this process has been narrowed over the ten years from a myriad of issues down to primarily boat facility siting; the decision before the Board now is whether it is willing to accept the changes the FWCC is saying are necessary to get an approved plan; there is an additional legislative mandate for counties to do manatee protection plans now that is also new in 2002; so that is another emphasis to move this process forward. She stated she and the Save the Manatee Club look forward to working with the County to finally resolve this issue and insure that Brevard County is a safe place for people and manatees in the future.

Chairman Scarborough stated Ms. Clinger has requested the Board ask staff to do some documentation before the workshop.

Commissioner O'Brien stated everything Ms. Clinger is asking is appropriate, but at the same time, he would also like to have staff come back with the direct and indirect costs to the County to formulate the plan and comply with it. He stated the plan that was submitted said the County did not want to use funding from the Florida Inland Navigation District (FIND) because Brevard County residents pay into that; the manatee problem is a Statewide problem, not a localized problem; the Board also wanted Department of Environmental Protection to pay for erecting signage and providing more marine patrol, etc.; and those funds should come from the State and not the County. Commissioner O'Brien advised the Board should be reminded if it institutes speed zones other than what the State said it wants, it has to pass an ordinance and the zones would be patrolled by the Sheriff’s Department; and it is not appropriate for Brevard County to fork out money to take care of a State problem in State waters. He stated the State decided the aquaculture leases were in State waters and not County waters; therefore, the cost should be born by the State and not the County. He recommended staff come back with those costs in the workshop agenda so they can be revealed to the taxpayers. He stated it has nothing to do with liking or disliking manatees; and it has to do with the appropriate agency providing the money to solve the problem in its waters. He reiterated that the State declared the rivers to be its waters, not the County’s waters; it is a State problem; and the Board should let the State solve it.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to include in the workshop agenda things that Ms. Clinger outlined so the Board will know what the State is requiring, including the fiscal impact to the County. Motion carried and ordered unanimously.

Commissioner O'Brien recommended the item be included in the Legislative package to ask the State to work on having the appropriate agencies pay for the expenses of manatee protection. Chairman Scarborough suggested getting a report back first. Commissioner O'Brien stated the next Legislative Session is in January or February 2003, so there is only time between now and then to put it in the package; and if it is put in now, they can start working on the verbiage.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to prepare the proper verbiage to include in the Legislative package a request to have the appropriate State agencies pay for the expenses of manatee protection. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-4-03-02 AND CONTRACT, RE: COUNTYWIDE
CUSTODIAL SERVICES

Tom Justice, Attorney representing CleanNet of Central Florida, advised his client is the current Countywide custodial service contractor and has been for the last three years; and with him today are Eric Chang, the Operations Manager, and Jay Olm, the Project Manager. He stated they commenced bid proceedings with respect to the solicitation for the new contract for the next three years for Countywide janitorial services; CleanNet was ranked second; and he summarized his argument, and presented copies to the Commissioners, but not the Clerk. He stated the problem they have with the solicitation and what happened with the ranking by the Selection Committee is that the County’s method in the Purchasing Manual of assigning points for the price component of the bid is unfair, meaningless, and arbitrary; and he will explain it. He stated the low bidder came in at approximately $553,000; the high bidder, who was the recommended awardee of the contract, AM-KO, came in at $747,000 and some change; there was a huge spread of about $193,000; and his client came in at $30,000 lower than AM-KO. Mr. Justice advised Purchasing provided the Selection Committee the point allocation in accordance with the Purchasing Manual; out of 100 points, the price component had 20 points; but the way the Purchasing Manual applies those points makes it meaningless because the low bidder at $553,000 got 20 points, and his client and AM-KO, with a $30,000 price spread, both got 15 points. He stated when that is applied, there is a mathematical impossibility of getting down to one point, so under those circumstances about three quarters are cut off of the price allocation from any kind of meaningful consideration. He stated his point is with the 20 point system for price, if a bid was for one million dollars, a $1.25 million dollar bid would get 16 points; and the only way a bidder would get assigned one point for price is to bid $20 million; and that is not going to happen in the real world. Mr. Justice stated 40 points of 100 were based on references alone; it is very clear, under this type of contract, that the County is interested in getting services based upon the ability to deliver those services and upon the references of how good a job they did before; so the subjective factors are more important than the objective factors. He stated if that is the case, the County needs to de-emphasize the price point allocation down to a level where it can have a meaningful distinction between the prices or give fewer points for price so it can establish points on the subject of criteria and do it that way. He stated what happened with this bid and on other contracts, if there is a small spread between pricing it is not going to matter; if the people came in at a million dollars and all the bids were within a few dollars of each other, the pricing allocation would be meaningless under the current system; and the County can judge it on the subjective factors; but here it has $193,000 spread between the high and low bids, and the high got 15 points and the low got 20 points; so as a practical matter, the whole pricing issue becomes meaningless and arbitrary as applied. He stated the County will not know until the bids come back how big the spread is going to be; so they asked the Protest Committee to either reevaluate the bids with a small spread on the pricing because it is not as important, or re-bid the whole thing because everybody knows everybody else’s price; and put a pricing criteria on it where price is assigned its proper place and that it is not that important. Mr. Justice stated this has never been tested in court to his knowledge; they went before the protest Committee a couple of weeks ago; the Assistant County Attorney and everyone from Purchasing did not know whether or not it had ever gone through court; he cannot find in his research that indicates it has ever been through a court process to see if it is fair or not; but they contend it is not fair. He stated he proposed a system whereby the County would take the spread between the low and high and divide it by 20 and assign points that way; that would be truly objective; he recalculated it and his client would come in third under those circumstances; but what that would mean is the Selection Committee did not have the chance to look at the more subjective factors and were bound by the pricing consideration that came from Purchasing and had no ability to consider it otherwise.

Christine Hwang, AM-KO Building Maintenance, advise she has the scoring at the bid process of how they were scored; the system was used before CleanNet was awarded the bid two years ago; so she does not see why it is a problem now when it was not a problem then. She presented copies of the scoring to the Board, but not the Clerk. She stated her company is the intended awardee; Mr. Justice gave little explanation of exactly what happened with the pricing; and the average score would not add up to award of the contract to his client.

Commissioner Carlson stated what Mr. Justice gave the Board says, “acceptance of recommended award could cost the County between $90,000 and $581,000 more in taxpayer dollars over the life of the contract”; and requested Mr. Justice expound on that. Mr. Justice stated the low bidder came in at $553,000 a year; the high bidder was $193,000 above that; and $193,000 times three is approximately $581,000 additional cost to the County. He stated the $90,000 is the spread between his client’s bid and AM-KO’s bid at $30,000 a year; so it would be $90,000 over the life of the contract in additional cost.

Central Services Director Steve Stultz advised the methodology for calculating the price scores on cost proposals is the same methodology the County has used for several years; it is in the current edition of the Purchasing Manual, but it was also included in the previous edition, prior to review and revision; and the date on that Purchasing Manual was 1996. He stated Mr. Justice’s client was scored the same as another cost proposal that had about $30,000 different results in the rounding that occurs; they performed an analysis without rounding; and the scores would actually fall out the same as was indicated in the final rankings.

Chairman Scarborough advised references have a major portion of the points; most of them are in the range of 10 to 20 points, but references are 40 points; and inquired if staff looks to comments received only or touch based with those persons giving references; with Mr. Stultz responding they try to contact as many of the references that are supplied as possible. Mr. Stultz advised one other consideration is that the County is its own best reference; so if any proposers did business with the County in the past, performance on that contract was also taken into consideration. Chairman Scarborough inquired if the idea of having two separate contractors to have comparative measures of their capacity to perform was considered; with Mr. Stultz responding in the prior contract there were two awards; the areas of service on the RFP were divided into four section; and staff attempted it, but one of the intended awarded proposers backed out a day prior to the contract being effective. Chairman Scarborough stated with a service contract, there is some benefit to measure two different contractors as opposed to having just one; and there is more complexity with service contracts because the capacity to extract from that contract depends on staff’s ability to monitor and make sure it is operating correctly.

Commissioner Carlson stated looking at the worksheets and not the price comparisons, the individuals who assessed the different companies consistently came up with AM-KO as being on the top; so if the pricing is ignored, that speaks a lot for the one recommended for selection. Commissioner Higgs stated they both got 15 points so price was not the distinguishing factor between AM-KO and CleanNet. Commissioner Carlson stated other things were determined to be of importance other than pricing; there may be some merit in some of the conversation that was brought forward, but the process seems to be intact and it looks like the individuals making the assessment did a solid job. Commissioner Higgs stated the price issue should be discounted because they were awarded the same, so there is no distinguishing factor between the top two companies. She stated the Protest Committee unanimously upheld the Selection Committee’s recommendation; five people ranked the individual firms and ranked AM-KO first; so she will move the recommendation.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to award Proposal #P-4-03-02, Countywide Custodial Services, to AM-KO Building Maintenance, Inc. as recommended by the Selection Committee and upheld by the Protest Committee. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN NORTH PORT ST. JOHN, UNIT 1 - JOSEPH A. MILLER

Chairman Scarborough called for the public hearing to consider a resolution vacating a public utility and drainage easement in North Port St. John, Unit 1, as petitioned by Joseph A. Miller.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution vacating a public utility and drainage easement in North Port St. John, Unit 1, as petitioned by Joseph A. Miller. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT (WILDFLOWER STREET) IN CITRUS ISLE SUBDIVISION - CHAD F.
AND ANGELA M. NIGH

Chairman Scarborough called for the public hearing to consider vacating a public utility and drainage easement in Citrus Isle Subdivision, as petitioned by Chad and Angela Nigh.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Resolution vacating a public utility and drainage easement (Wildflower Street) in Citrus Isle Subdivision, as petitioned by Chad F. and Angela M. Nigh. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT (WILDFLOWER STREET) IN CITRUS ISLE SUBDIVISION - ROBERT
P. AND KELLY L. MACIAS

Chairman Scarborough called for the public hearing to consider vacating a public utility and drainage easement in citrus Isle Subdivision, as petitioned by Robert and Kelly Macias.

There being objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Resolution vacating a public utility and drainage easement (Wildflower Street) in Citrus Isle Subdivision, as petitioned by Robert P. and Kelly L. Macias. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS
(S. PAPAYA CIRCLE) IN BAREFOOT BAY, UNIT ONE - ABBOTT
MANUFACTURED HOUSING, INC.

Chairman Scarborough called for the public hearing to consider vacating public utility and drainage easements in barefoot Bay, Unit One, as petitioned by Abbott Manufactured Housing.

There being objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution vacating public utility easements (S. Papaya Circle) in Barefoot Bay, Unit One, as petitioned by Abbott Manufactured Housing, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD
VALOREM EXEMPTION TO WOODLAND II, LTD. ON BEHALF OF SONETICOM, INC.

Chairman Scarborough called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Woodland II, Ltd. on behalf of Soneticom, Inc.

James Kingsley, Executive Vice President and Co-founder of Soneticom, Inc., advised Soneticom is a Florida corporation founded in 1998 by three long-time Brevard County residents; they are 100% employee owned and never relied on external investment; and all their growth and expansion have been funded BY product sales and revenue. He stated they develop and manufacture electronic devices and systems software applications, and perform light manufacturing assembly from time to time; their target markets are health and medical systems, commercial and government communications products, and product manufacturing management; and some of the applications within those markets are wireless communications, location tracking, networking, and signal processing. Mr. Kingsley advised since its inception, Soneticom has achieved planned consistent growth in revenues, profits, employment, and facilities; with this expansion they will add at least ten high-paying jobs and more than double the size of the existing facilities; and the jobs they add they keep. He stated their total employee turnover in nearly five years is four people, three of those for performance and one for personal reasons; and in 2001, while other technology companies in the County were downsizing, Soneticom remained stable and actually added jobs at times during that period. He stated they hired some of the people who were laid off by those other companies.

Chairman Scarborough advised it is good to have Soneticom here; and the average salary is $67,000 per employee, which is very nice.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Colon, to adopt an Ordinance granting an economic development ad valorem exemption to Woodland II, Ltd. on behalf of Soneticom, Inc., specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by Soneticom, Inc.; providing an effective date. Motion carried and ordered; Commissioner Higgs voted nay.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 38, CREATING SECTION
38-5, DRIVER EDUCATION SAFETY TRUST FUND

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 38 to create Section 38-5, Driver Education Safety Trust Fund.

Marjorie Ebersbach, Associate Superintendent for Curriculum and Instruction for the Brevard Public Schools, thanked the Board for its consideration of the ordinance; and advised this is a new law that became effective October 1, 2002 that enables the Board to pass the ordinance that will add a $3.00 fee to civil traffic violations, which will be used for traffic safety in public and non-public schools. She urged the Board to approve the ordinance; and stated it will give them an opportunity to enhance traffic safety in Brevard County. Ms. Ebersbach advised there are seven other counties in Florida that have enacted this law, and others have it under consideration; the Act specifies that it must be spent for direct expenses and cannot be spent for administration; and they have plans for enhancements to the driver education program, which is in all the high schools in Brevard County.

There being no further comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to adopt an Ordinance of Brevard County, Florida, creating Section 38-5, Code of Ordinances of Brevard County, Florida, relating to funding for public and non-public school driver education programs; providing for authority and intent; providing for definitions; providing for the creation of a driver education safety trust fund; providing for the Clerk of the Courts to collect an additional $3.00 with each civil traffic penalty levied in Brevard County to be deposited into the trust fund; providing for record keeping and reporting from the Clerk of the Courts to the Board of County Commissioners regarding fund deposits and expenditures; providing for non-waiver of imposition; providing for expenditures to public and non-public non-elementary school driver education safety programs selected by the County Manager or designee; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in the Code; and providing for an effective date. Motion carried and ordered unanimously.

Commissioner O'Brien advised what is important is that the surcharge should not be waived by any judge, but it does not say it cannot be waived; however, it cannot be used to replace existing funding of any similar programs. He stated the money is not there to take away money from driver education programs; and it is in addition to that to perhaps purchase more cars and have more instructors.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 94, SOLID WASTE CODE
AND CHAPTER 62, LAND DEVELOPMENT CODE

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 94, Solid Waste Code, and Chapter 62, Land Development Code, due to changes in the State’s solid waste regulations and need to clarify the County’s Solid Waste Code.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt an Ordinance amending Chapter 94, Solid Waste’ Code of Brevard County, Florida; amending Section 94-1 to add definitions for air curtain incinerator facility, hazardous waste management facility, landfill, materials recovery facility, public street, recovered materials processing facility, solid waste disposal facility, transfer station, volume reduction, and volume reduction plant, and to amend definitions for agricultural wastes, biomedical waste, bulky solid waste, collection point or curbside collection point, sharps, solid waste management facility, and treatment; amending Sections 94-47© and 94-62(d) to add subparagraphs relating to receptacle set out; amending Section 94-76 to correct numbering of subparagraphs; amending Section 94-235 relating to collection of delinquent taxes on governmental property leased to non-governmental agencies; amending Section 94-236 to provide for accrual of interest on outstanding prorated special assessments; amending Section 94-240 relating to payment of annual special assessment on property leased to government agencies; amending Section 94-260 to provide for accrual of interest on delinquent impact fees; amending Section 94-263 relating to exemptions from solid waste impact fees; amending Section 94-276 relating to special rates for solid waste disposal not included in the annual disposal special assessment; amending Section 94-277 relating to discharge of delinquent bills and exemptions from security deposit requirements for customers in good standing; providing for conflicting provisions; providing for severability; providing for an effective date; and providing for inclusion in the Code of Ordinances of Brevard County. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE VI, SECTION
62-1155, HOME OCCUPATIONS (FIRST READING)

Chairman Scarborough called for the first public hearing to consider an ordinance amending Chapter 62, Article VI, Section 62-1155, prohibiting bail bondsman and providing conditions for medical professionals as home occupations.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Colon, to move forward to the final hearing on December 5, 2002 at 5:30 p.m. an ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Section 62-1155 to place conditions on medical-related home occupations and to prohibit bail bondsman as a home occupation; 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: ORDINANCE AMENDING CHAPTER 62, LAND DEVELOPMENT
REGULATIONS GOVERNING GROUP HOMES (FIRST READING)

Chairman Scarborough called for the first public hearing to consider an ordinance amending Chapter 62, Land Development Regulations, governing group homes.

Commissioner O'Brien stated the State law ties the Board’s hands regarding group homes; he has fears about this regulation because some group home opened in a residential area and became a consternation for the people who have single-family homes there; and inquired if Mel Scott can describe the ordinance.

Planning and Zoning Director Mel Scott advised the County Attorney’s office reminded staff a group home provision must be in all local zoning codes as required by the Fair Housing Act at the federal level; and there are also State requirements in place. He stated many times group homes can become a point of consternation for a neighborhood, but the net results of the proposed ordinance is to increase the spacing of group homes. He stated staff recognizes under certain circumstances they can only be required to adhere to the site plan provisions that any other single-family home would have to adhere to; but with occupancy requirements and minimum threshold established for facilities, there is probably less opportunity, as a result of this ordinance, for group homes to cluster around each other. Mr. Scott advised staff has deferred local oversight to the State for its facility requirements, which staff finds changes from time to time; and locating them in the local ordinance results in the local ordinance falling behind the State standards of the day. He stated this is the first reading, and the final hearing is scheduled for December 5, 2002.

Commissioner O'Brien inquired what kind of residents will reside in group homes, and are they mentally-handicapped, recovering alcoholics, and drug abusers going through rehabilitation; with Mr. Scott responding they can be. Commissioner O'Brien inquired if it is possible for a home to have six people with six cars; with Mr. Scott responding that is correct. Mr. Scott stated in certain circumstances, given family size, which they are not able to recognize in the Zoning Code, a family with several teenagers and two parents with cars could have multiple cars in the front of the house; and the phenomena of multiple cars in the front of a house can be present in a group home setting just as it could for any other single-family residence. Commissioner O'Brien inquired if the CUP is removed for six residents or less; with Mr. Scott responding the CUP process is removed entirely; however, they are making it a permitted use with conditions and lowering the number of residences that can occur as a permitted use in single-family zoning classifications. Commissioner O'Brien inquired if the Board could create a special zoning for group homes; with Mr. Scott responding he has been informed the Board cannot do that. Commissioner O'Brien inquired if the Board could specify areas in the County where group homes would be allowed; with Mr. Scott responding no, the State law identifies the fact that with six residents or less, the Board is not able to treat those living situations any differently than it would somebody applying for a single-family residence, and it cannot erect any process that is different than the processed used to approve single-family residences.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to move the ordinance amending Chapter 62, Land Development Regulations, governing group homes, to the final hearing on December 5, 2002, at 5:30 p.m. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL AND ACCEPTANCE OF FOLSOM ROAD DEED, RE:
WALKABOUT PUD

Chairman Scarborough inquired where the County stands on the Walkabout PUD and Folsom Road issues; with County Attorney Scott Knox responding the Board is in the position to approve the plat; all the issues of dedication have been resolved; there is nothing on the plat that is being dedicated to the public; he asked that language be placed on the plat indicating that is the case; and they have agreed to do that. Chairman Scarborough stated previously Mr. Knox indicated the signature should be withheld until certain conditions are met; and inquired if that is no longer his recommendation; with Mr. Knox responding at that time he was under the impression right-of-way was being dedicated to the County, but that is not the case; they intend to make them private roads; and they will be indicating that on the plat.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant final plat approval for Walkabout PUD, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining appropriate jurisdictional permits; and accept the Right-of-way Deed from Millennium Development of Titusville LLC for Folsom Road cul-de-sac, and authorize recording of the Deed. Motion carried and ordered unanimously.

The meeting recessed at 11:32 a.m., and reconvened at 1:03 p.m.

RESOLUTION, RE: DENYING RONALD D. COLE, SR. AND RONALD D. COLE, JR.’S
APPLICATION FOR VESTED RIGHTS

County Attorney Scott Knox advised the resolution confirms action of the Board taken at the public hearing held on October 29, 2002, to deny the request of Ronald Cole, Sr. and Jr. for vested rights.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution constituting the order denying application for vested rights filed by Ronald D. Cole, Sr. and Ronald D. Cole, Jr. for property located at 2020 Shannon Avenue, Indialantic, Florida. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH CITY OF ROCKLEDGE, PERMISSION TO ADVERTISE
FOR CONSULTANT SERVICES, APPOINT SELECTION AND NEGOTIATING COMMIT-
TEES, AND EXECUTE PROFESSIONAL SERVICE AGREEMENT, RE: BARNES
BOULEVARD WIDENING PROJECT

Commissioner Carlson stated she understands the City of Rockledge has not seen the agreement; with Assistant County Manager Peggy Busacca responding the City of Rockledge has not had the opportunity to review the changes and has not brought it to the Council yet. Commissioner Carlson requested how paragraph 16 changed; with Transportation Engineering Director John Denninghoff responding the prior document the Board looked at was limiting the ability to terminate to a joint termination of the County and the City; and now the termination clause is worded so it allows either the County or the City to terminate after finding that the project is financially unfeasible. He stated it does provide that if there is outstanding financial obligations that were incurred, they would have to be paid for; and it also provides if at any date in the future the County were to widen that portion of Barnes Boulevard, the City would accept it for maintenance and ownership even if this agreement is terminated. Commissioner Carlson inquired if that gives the County the appropriate protection; with Mr. Denninghoff responding yes, if the County determines not to do the project in the future or if the City does, then it would limit the obligation to completing the design or contracts for purchase of rights-of-way or retention areas; and the County would complete those transactions then stop the project.

Chairman Scarborough stated the money is in the bank for the design; with Mr. Denninghoff responding that is correct. Chairman Scarborough stated so the issue is whether or not the City participates with some funding on the construction. He stated conceivably that can put the County at risk if it proceeded as the contracting entity and the City decides, after it is under contract, to back out. Mr. Denninghoff advised the way he understands the termination clause is if the County signs a contract for construction, it would be obligated at that point and the City would not be able to terminate. Chairman Scarborough inquired if the Board wants to hold it until it hears from the City; with Commissioner Carlson responding that would be appropriate, but she would like to hear from the rest of the Board to see if it is comfortable with the change to the termination clause and other issues, so it does not have to be brought up to the City again.

Commissioner Higgs inquired if there is any reason not to approve the Agreement tonight and if the City has problems, bring it back to the Board to adjust it rather than bouncing it back and forth. She noted that way the City will know the Board is on record approving it. Commissioner Carlson stated that would be fine with her, then staff can bring it back if there are questions.

County Manager Tom Jenkins stated if the Board approves it today, it would not come back unless the City has made changes to the Agreement; with Commissioner Higgs responding that is right.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to execute revised Interlocal Agreement with the City of Rockledge for Barnes Boulevard Widening Project; grant permission to advertise for consultant services; appoint a Selection Committee of Ed Washburn, John Denninghoff, Ron Jones, James McKnight, and Henry Minneboo or designees; appoint a Negotiating Committee of Tom Jenkins, Scott Knox, and John Denninghoff or their designees; and authorize the Chairman to execute an Agreement with the consultant for professional services. Motion carried and ordered unanimously.

APPOINTMENT OF REPRESENTATIVES, RE: NORTH MERRITT ISLAND DEPENDENT
SPECIAL DISTRICT BOARD

Assistant County Manager Peggy Busacca advised there are three openings on the North Merritt Island Dependent Special District Board; that Board voted to send all four candidates to the Board of County Commissioners and requested three be appointed.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to appoint William Huminski, Anthony Falanga, and Richard Schneider to the North Merritt Island Dependent special District Board to fill the vacant seats for Groups 1, 3, and 6. Motion carried and ordered unanimously.

LEGISLATIVE INTENT, RE: CARGO TRAILER SALES IN BU-1 ZONING CLASSIFICATION

Planning and Zoning Director Mel Scott advised the legislative intent is to consider allowing the sale of cargo trailers in BU-1 zoning classification; and if approved to move forward, staff will prepare the proposed ordinance, which will require two public hearings. He stated motorcycles, cars, and other related types of sales are permitted or permitted with conditions in BU-1; and the argument made was that it is peculiar in its omission of cargo trailers.

Chairman Scarborough inquired if the words “cargo trailer” would push it to the point where it does not belong in BU-1; with Mr. Scott responding cargo trailers have increased in popularity due to increased use of recreational vehicles; and from an aesthetic standpoint, the argument that brought this proposal forward has been if they are able to sell cars and accessories, trucks and motorcycles, then there is no difference in the aesthetic impact to sell cargo trailers. Chairman Scarborough inquired if there is anything aesthetically less pleasing; with Mr. Scott responding that would be one person’s view; auto sales tend to have a more amplified visual appearance when driving by them than most other types of sales because they show their wears at the curb where most other BU-1 sales occur in a substantially enclosed building. He stated by their very nature, it is something the owners of those stores are going to want people to see; so it becomes a personal preference whether or not this type of equipment should co-mingle with other BU-1 uses, which tend to be enclosed and maybe not so visually intrusive.

Commissioner Carlson stated an individual had those types of cargo trailers on his lot in Rockledge, and put a lot of money into improving his property, which was an old gas station; and inquired if there was a Code violation for having the cargo trailers on the property; with Mr. Scott responding yes. Commissioner Carlson inquired if this change will enable the property owner to do what he is trying to do on his property; with Mr. Scott responding yes, with the exception of the acreage limitation. Mr. Scott advised one acre in size has been set as a condition; to bring the property into consideration, that would have to be reduced to half an acre; BU-1 minimum lot size is 7,500 square feet; so half an acre would still be larger than that. Commissioner Higgs inquired if it is advertised as one acre, could it be reduced to half an acre at the public hearing; with Mr. Scott responding it could, but it would be going the wrong direction because the Board can make things more restrictive, but not less restrictive. Commissioner Carlson suggested advertising half an acre, and if the Board is not comfortable with that, then it can do whatever.

Commissioner O'Brien stated, to avoid future problems, the Board may want to restrict onsite length of trailers to 36 feet maximum because beyond that it will almost be a tractor/trailer. He stated that is not to say he cannot sell anything bigger, just that he cannot store it on the lot if it is larger than 36 feet. Commissioner Carlson inquired if the cargo trailers in Rockledge are less than 20 feet; with Mr. Scott responding absolutely. Commissioner Carlson stated there were several trailers on the lot that were new, but people could order bigger ones. Commissioner O'Brien stated it will be a Countywide ordinance; and what may be right for Rockledge, may be wrong somewhere else. Commissioner O'Brien noted it could be limited to 28 feet; with Commissioner Carlson suggesting staff come back with recommendations on the length of the trailers. Chairman Scarborough stated he agrees with Commissioner O'Brien to restrict it to 28 or 36 feet. Commissioner O'Brien noted 28 feet would be a good size, but it is not common or readily available. Chairman Scarborough stated BU-1 is light commercial zoning.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to establish 28 feet as maximum cargo trailers size displayed on the lot. Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to establish lot size at half-acre. Motion carried and ordered; Commissioner Scarborough voted nay.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to authorize staff to draft an ordinance providing for cargo trailer sales in BU-1 zoning classification as a use permitted with conditions, and advertise it for a public hearing. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH ANTONETTA JONES, RE: PROPERTY
ON LAKE WASHINGTON ROAD FOR STORMWATER TREATMENT POND

Commissioner Higgs inquired if staff is recommending the purchase of a parcel at 125% of the appraised value; and if only one appraisal was made; with Transportation Engineering Director John Denninghoff responding that is correct. Commissioner Higgs requested an explanation of why it has to be that parcel and why the Board should pay 125% of the appraised value. Mr. Denninghoff advised there have been existing flooding problems in the vicinity for some time; to correct the flooding, the project has to occur where the flooding is; and in this case, it is where the parcel is located. He stated most of the properties in the area are developed; choices of parcels of sufficient size to accomplish the project are limited; and this is one of the only parcels that could possibly be used, if not the only parcel. Commissioner Higgs asked Mr. Jones why the Board should pay 125% of appraised value and why does it have to be this parcel; with Regional Stormwater Utility Director Ron Jones responding staff evaluated four sites in the area; of the four, they were unsuccessful in negotiating three of the sites for less than 150% of appraised value; the project is part of the implementation of the Upper Eau Gallie Stormwater Management Master Plan; and property values are very high in the area. Commissioner Higgs inquired how old is the appraisal; with Mr. Denninghoff responding it was completed in the last six months. Commissioner Higgs inquired at what dollar amount does the County require two appraisals; with Mr. Denninghoff responding Florida Statutes require two appraisals for $500,000 and above. Commissioner Higgs inquired if the County’s policy complies with the Florida Statutes or is it stricter. She stated she would like to see the project get done, but wants an additional appraisal that substantiates the price or work out something else. She stated the Board has been criticized when it approved a purchase that was significantly below the appraised value; now it is being put in a position to pay above appraised value; and she would like to see some other work on it.

Commissioner Carlson stated if that is the case, the Board might want to change its policy to require two appraisals at the $500,000 purchase price. She stated she feels a little uncomfortable, but is not that concerned, given the work that Mr. Jones has done on the other parcels and has not been able to negotiate anything less than 150% of appraised value. Commissioner Higgs stated it could be that the appraisals are inaccurately depicting the values. Commissioner Carlson stated the Board can always go out for a second appraisal and see what it comes out at; but she does not know if that is prudent or not.

Commissioner O'Brien advised the cost comes out to $47,539 per acre or $11,884 per quarter acre; he agrees with Commissioner Higgs that it seems high, but he is not positive whether the property is worth $50,000 an acre; so he would like to see the history of what lots surrounding it have sold for within the last three or four years by acre or quarter acre. He stated the Board would be able to compare the most recent purchases within half a mile and get a better idea of the going rates for a lot in that area.

Motion by Commissioner O'Brien, to table the Contract for Sale and Purchase with Antonetta Jones for property on Lake Washington Road to construct a stormwater treatment pond for additional financial information.

Commissioner Carlson inquired if the Board wants to get another appraisal or not; with Commissioner O'Brien responding staff can come back with lots that sold in that area and the per acre sale prices over the last five years.

Commissioner Carlson seconded the motion to table. Chairman Scarborough called for a vote on the motion. Motion carried and ordered unanimously.

Chairman Scarborough inquired if there is a time limit on the contract; with Assistant County Manager Peggy Busacca responding the contract will expire before the next Board meeting, so staff has to get the information and see if the owners are willing to follow through with that; and if not, they will have to renegotiate. Chairman Scarborough inquired if the County were not able to purchase the parcel, what would that do to the overall plan; with Mr. Jones responding there is a $430,000 grant from Environmental Protection Agency with a time period associated with it; and because staff has been unsuccessful in acquiring property in the area, and this is one of the only remaining sites that is suitable, there is an outside possibility, if staff is not successful or cannot locate another parcel, that the County could lose the grant. Chairman Scarborough inquired when would the grant be at risk; with Mr. Jones responding it expires in June, 2003. Chairman Scarborough stated the contract issue is immediate; the grant issue is in June, 2003; and staff said other properties are not available. Commissioner Carlson stated they are available at a higher percentage of the appraised value; and inquired if the negotiations include timing, so if it is extended, the price would no longer be the same; with Mr. Denninghoff responding the terms of the contract signed by the sellers requires action by the Board by a certain date; and if it is not taken, their signatures would be void and the County would have to start with a new contract.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to reconsider the previous motion to table. Motion carried and ordered; Commissioner Higgs voted nay.

Chairman Scarborough advised the item is back on the table and staff will return with comparables before the end of the meeting. He stated if the Board is not happy with the information then, it does not have to take any action today.

ACQUISITION OF OUTPARCELS, RE: WICKHAM PARK

Parks and Recreation Director Charles Nelson advised the land around Wickham Park was a platted subdivision; the lots are in private ownership; staff attempted to acquire those lots over time; and a stumbling block is the appraisal, which almost exceeds the value of the property. He stated most of the lots are 30 feet wide and non-conforming; and requested the Board authorize staff to attempt to acquire the lots without appraisals at not to exceed 50% of the assessed value as opposed to appraised value. He noted for a $1,000 lot, staff would be paying $500 or $750 for an appraisal, then paying the market price for the lot; and approval will allow staff to get the properties at a more reasonable price.

Commissioner Carlson inquired if this request is in terms of redevelopment of the park through the Referendum; with Mr. Nelson responding some of the properties are in areas where they want to make improvements; one lot is in the area of the arena where the equestrian facilities are located; others impact the entrance into the park being created off Wickham Road; and they are locked into that location because of the cuts in the median on Wickham Road. He stated there are also logistical reasons to acquire those lots.

Commissioner O'Brien inquired what could they build on the lots if they are only 30 feet wide; with Mr. Nelson responding nothing. Mr. Nelson advised the problem is that most of the lots were picked up by Tax Deed or passed down to family members outside of the area who have an assumption the lots are of greater value. He stated they do not anticipate being able to acquire all of them through this process; and in the end may come back and suggest condemnation because some people are not going to sell them at a reasonable price. Commissioner O'Brien stated if the lots are unbuildable, they do not have any value; with Commissioner Higgs responding they have a market value. Commissioner O'Brien inquired who would want to buy them besides the County; with Mr. Nelson responding that is one of the frustrations when dealing with property owners who believe their property values are greater than they are; and the only way to arguably prove that is by going through the condemnation process where the court will establish the value. He stated by the time they do that and pay the owners and their attorneys, it would be a greater amount; so they are in a no-win situation on some of the lots.

Commissioner Carlson stated staff is trying to keep the integrity of the park intact; there is a church along Wickham Road that did some trading of parcels with some property owners within the park limits; and they may want to expand their facility, which may impact the integrity of the park, so staff is trying to clean it up. She stated there is a question about just leaving it alone, but she does not know, from a title perspective, if there is any impact on any area near those lots; and inquired what are the legal implications if the County wants to develop the park in such a way and there is a problem with access for those owners in any of the park areas. Mr. Knox advised the biggest problem is isolated lots with platted accesses but no legal accesses; and if they want to build a road, they would have to cross County property to get to it, which could interfere with the use of the park. Commissioner Carlson suggested going forward and acquiring as many lots as they can.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve exemption for appraisals; authorize staff to offer up to 50% above assessed value, obtain appraisals, surveys, environmental audits, and title insurance if necessary; accept title exceptions; authorize the Chairman to execute negotiated contracts and amendments as required; and authorize staff to proceed with closings on the parcels. Motion carried and ordered unanimously.

DISCUSSION, RE: CONNECTION OF WASHINGTONIA, FROM LAKE WASHINGTON
ROAD SOUTH TO THE NORTH END OF JONES ROAD

Robert Leichtenberg presented documents to the Board, but not the Clerk, and stated they surveyed the local community, sent out 500 surveys with return stamped envelopes, received 192 back, and 152 were in favor, 20 against, and 1 checked all three questions. He explained a map of the area showing the positive and negative responses and one area with no response as they were not sent surveys, but would probably be for it. He stated the response was about 80% for the project; and there would be a lot of benefits to the local neighborhood and global benefits for the County. He stated there are approximately 450 homes west of Interstate 95; the residents have to go under the Interstate to get in or out of the neighborhood; so the road would provide a second access, and a lot of people would use it to Eau Gallie Boulevard, to connect to the Interstate, which would take a lot of traffic of Wickham Road. He stated right now they go down Harlock Road to Turtle Mound Road, then take Aurora Road to John Rodes Boulevard just to get to the Interstate and the main part of Melbourne; and the alternative is to go down Wickham Road. Mr. Leichtenberg stated all the roads in the area are becoming congested and some are not in good shape; this road would allow a lot of people quick and easy access to the Interstate; there is not much impact in terms of opening a lot of land up because the land has subdivisions on it; and it is slated to go through the neighborhood. He stated if the road right-of-way is acquired, they may be able to work out going through that road; the developer has made a commitment to come off that extension, which would help the residents; and most of the land are wetlands. He stated there is about 150 acres between Jones Road and the first subdivision; he had someone look at it and all but ten acres are wet; so it is not a big impact from that standpoint. He stated from a global perspective, the road would eventually be used as part of a connection from Viera and Suntree to Melbourne and Palm Bay and provide a good north/south access; ten years ago he wrote to the County proposing this access when Palm Bay Beltway became an issue; and somewhere along the line the County will need another road west of the Interstate. Mr. Leichtenberg advised the section he is proposing is the only way in that area to get through there; west of that and pass the houses is marsh land; no one wants to see a road through marsh; and he envisions a road that will somehow connect to the Palm Bay Beltway and provide access north and south. He stated traveling down Wickham Road is becoming very hard; and if a road is built west of I-95, it should be more like Malabar Road or Babcock Street south of Malabar Road to keep commercial traffic off it as well as stop signs. He stated without the road to the west, they will be looking like West Palm in rush hour; he was there last week and it is a nightmare from 3:00 p.m. on; people have to get north and south in a county that is oriented that way; and they must have roads; unfortunately development has taken place already and much of the County east of I-95 is almost impossible to put a new road in. He stated they have Jones Road that is already hooked up and they can go north on Washingtonia north of Lake Washington. He stated he understands the County accepted a couple of donations; as part of its DRI, Viera had an obligation to put another road in; this would seem to be the only piece missing; and it would provide immediate relief to a lot of traffic congestion on John Rodes, Harlock, Aurora, and Turtle Mound. Mr. Leichtenberg stated somewhere along the line the County will have to have a road on the west; this road has been in the Comprehensive Plan of the County and the City of Melbourne for several years; the time has come; sometimes if one waits too long houses get in the way, people get upset, and the County might not have the opportunity to put a road in like this again; and it is important to have a third north/south road. He stated the County has U.S. 1 but it is far to the east; it has Wickham Road, then the Interstate; and when people start using the Interstate for local traffic, it gets to be a dangerous situation because people will be weaving in and out to get to their off ramps.

Commissioner Colon requested Mr. Leichtenberg share with the Board some of the things they discussed regarding the history of the property, and how it deals with the City of Melbourne, status of the issue with the City and developer, and identify his son’s property.

Mr. Leichtenberg identified the city limits, Jones Road, and County property on a map. Commissioner Colon inquired if his son’s property is in the City; with Mr. Leichtenberg responding Mr. Woodson came in about ten years ago to develop his property; the City held him up and required him to put in sewers, which ultimately was not legal; and ten years later, the City settled with Mr. Woodson who now has the right to build on the 60 lots. He stated part of the contention was that people who live in the neighborhood did not want them coming through their area to access the new homes, along with construction traffic; and he does not think Mr. Woodson wanted to do that either because it is not a good situation for anybody. He stated his son owns about 20 acres that is in the pathway; they acquired it about three years ago; and they would be willing to donate the right-of-way through their property. He stated the County would have to acquire right-of-way from there up; and he talked to Mr. Jones who indicated he would do what he could to help get it through. Mr. Leichtenberg advised there is someone here from the Homeowners Association who would like to see something done so traffic does not go through their neighborhood; and it will not only help those people, but it is a global thing that will provide another north/south access. He stated they need a road to get from Melbourne or Palm Bay to Viera and vice versa; traveling Wickham Road is a nightmare; U.S. 1 is being six laned, but it is not viable because it is too far east; and I-95 is not suitable for local traffic, as there are many accidents caused with local traffic mixing with interstate traffic. He noted there are people driving 85 mph and other people trying to get across two lanes to get off and go home, which is not a good thing. Commissioner Colon inquired which part is in the City and which part is in the County; with Mr. Leichtenberg identifying the road segments in the City and the County on a map. Commissioner Colon inquired if his son’s property is in the City; with Mr. Leichtenberg responding part of it is in the city and about 100 feet of the easternmost piece is in the County. Commissioner Colon inquired what was the feedback on the bottom piece of property in the City’s jurisdiction; with Mr. Leichtenberg responding the feedback he got was that it is in the City’s Comprehensive Plan and the people they talked to were in favor of the road, so he does not think the County will have opposition from the City.

Assistant County Manager Peggy Busacca advised Peggy Braz from the City of Melbourne is here.

Dan Stark, representing some of the homeowners in the subdivisions affected by Mr. Woodson’s development, advised the entranceway to the property is a zigzag road used by children and is residential; the road would allow Mr. Woodson to open his land without bothering their subdivision, which is something they have been fighting for years; and other than that, it makes sense to extend Washingtonia, which will make things easier for traffic west of I-95.

Maxine Lauer stated she concurs with Mr. Stark.

Peggy Braz with the City of Melbourne, advised she is here to answer any questions. Commissioner Colon mentioned a lawsuit, and inquired if the City does not have a problem, would it be willing to pay for the cost to put in the road; with Ms. Braz responding the lawsuit is history and Mr. Woodson may develop his property, but that has nothing to do with the issues. Ms. Braz stated Mr. Woodson may want to modify his subdivision to change the entrance, but that also is not a relevant issue. She stated extending Jones Road to the north has been in the City’s Comprehensive Plan for some time because they believe it is necessary for the County’s and Melbourne’s growth to have the additional north/south access; with growth far north of Melbourne, it becomes even more imperative to have the access; but as far as paying for the road, she cannot commit the City to that, but it is one of the things the MPO could look at. Ms. Braz stated there are a lot of funding sources; it would be a County road, so she doubts the City would be active in funding it; but it might work with the County, especially in those areas that are located in the City. Commissioner Colon stated the history is critical because the Board needs to know from A to Z exactly what happened with the property and why the residents in the area are interested in supporting this idea; and she wants the Board to realize what went on there. Ms. Braz advised there were two lawsuits; Mr. Woodson is here and could probably remember it better than she can; the first one was 15 years ago and the City approved the subdivision and required the applicant, Mr. Woodson, to pave Jones Road so there would be paved access on Jones Road to the subdivision. She stated that was challenged and ultimately overturned in court. She advised several years later Mr. Woodson proposed to build a subdivision using septic tanks; the City had a statement in its Comprehensive Plan requiring he put in sanitary sewer if developing in floodplain areas; they got a vested right because they had a subdivision design prior to the Comprehensive Plan being approved; so they were granted that right. She noted there were a number of things that happened with the Woodsons, the economy, etc., so they did not develop the property; and when they came back, there were other things. Ms. Braz advised they thought the City had an Agreement with the Department of Community Affairs, but the Council did not support it; and ultimately it ended up in a lawsuit, which the City lost and the Woodsons were paid damages. Commissioner Colon inquired if the County did not put a road through there, would Mr. Woodson have to go through the subdivision in order to get to his property or is his property landlocked; with Ms. Braz responding he has two accesses; one is from the subdivision to the north and the other is Jones Road to the south; he indicated he prefers to access from the subdivision; and the City required an emergency access to the south. Commissioner Carlson stated the MPO was mentioned, so she wants to get feedback from staff.

Transportation Planning Director Bob Kamm advised he does not think the MPO would be involved in something of this nature; and it would be best to handle it between the City and County directly without the MPO involvement. Commissioner Carlson inquired if Mr. Kamm does not classify the road as part of the long-term plan from the MPO’s perspective; with Mr. Kamm responding the extension of Washingtonia south is in the MPO’s Long-range Transportation Plan and in the Brevard County Comprehensive Plan, so the statements made about long-term need are accurate; but in his view, there are two questions: (1) securing the alignment right-of-way, and (2) who pays for what. He stated he wants to make sure the two are not confused, and when talking about cost and who is going to pay for what they do not lose sight of the fact that all the planning documents call for the eventual extension of Washingtonia south. He stated at a minimum, the Board should ensure the alignment and right-of-way are secured for eventual construction when and how that may occur. Commissioner Colon inquired how many other scenarios like this one exist throughout the County; with Mr. Kamm responding this is unusual because Washingtonia is rather long and continuous. Mr. Kamm advised earlier in the year the Board accepted a donation of right-of-way at the northern end of Washingtonia to extend it north to the south property line of The Viera Company’s property where it could connect to the internal roadway system of Viera just west of the Pineda interchange. He stated there are not a lot of examples where they have a long continuous north/south roadway like this that could serve as a collector road to carry traffic for many miles; and they can do a lot of small extensions and connections, but rarely do they have an opportunity to have something this extensive. Commissioner Colon requested a ball park figure of what a project of this magnitude would cost. She stated she knows it is hard to tell because of land acquisition for right-of-way and other things, but Mr. Kamm deals with many projects day in and day out. Road and Bridge Director Billy Osborne advised just to put the asphalt base in from Jones Road to Lake Washington Road would cost over $300,000; and that does not include engineering, right-of-way acquisition, drainage, retention, or anything else that would be required to construct the road. Commissioner Colon inquired if the MPO does not have anything to do with it, would it fall on the County; with Mr. Kamm responding he would see an involvement of the County, City, and developer and Florida Power & Light Company that has the power line easement, which does permit roads to cross its easements; but he is not sure what they require financially or otherwise to get that done. He stated there is also an opportunity for potential impact fee credits from the County and the City to pay for all the construction or at least a substantial part of it. Commissioner Colon inquired if it would be impact fee credits to the developer; with Mr. Kamm responding if the local governments do not pay for it, then the impact fee credits would go to the developer who would make the improvement; and it is supported in all the Comprehensive Plans and would qualify for impact fee credit consideration.

Chairman Scarborough stated there is an interest to do the road project, it makes sense, and what is being requested is authority to put time into thinking through the scenarios. Mr. Kamm stated it is a real opportunity for the County.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to authorize staff to proceed to put in time to think through scenarios to accomplish the task of connecting Washingtonia from Lake Washington Road south to the north end of Jones Road. Motion carried and ordered unanimously.

Chairman Scarborough indicated the County may need to talk to the City about money as well. Ms. Braz stated the City has impact fees as well; and if Mr. Woodson builds a subdivision and it enters on the road, they can talk about the impact fee credit; however, for 60 homes, it is not going to be a tremendous amount. She stated if Mr. Woodson is willing to do some of the construction work, then the City could consider waiving the impact fees; and if not, the City can put it in a pool, but it has to be a collector road, which is a requirement for the City’s impact fees. Commissioner Colon thanked Mr. Leichtenberg for putting in a lot of work on this item.

ACCEPT REPORT FROM COMMISSION ON MENTAL HEALTH AND COMMUNITY
SOLUTIONS, RE: RECOMMENDATIONS FOR INCLUSION IN THE COUNTY’S
LEGISLATIVE AGENDA

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to accept the report from the Commission on Mental Health and Community Solutions and include it in the County’s Legislative Agenda. Motion carried and ordered unanimously.

ACCEPTANCE, RE: RICHARD KING MELLON FOUNDATION PROPERTY DONATIONS

Attorney Leonard Spielvogel, representing the Richard King Mellon Foundation, advised he is here to respond to questions; Ms. Birch is going to carry the item forward; and if he can add to it, he is available.

EEL’s Coordinator Ann Birch advised the Board has been provided a revised resolution clarifying that the nonprofit organization is a 501c(3) organization. She stated this is the second time the Mellon Foundation has come to the County with a generous donation; there are three leases that will follow certain properties—two oyster leases and a submerged land lease; and the property is approximately 55 acres with an assessed value of $5 million.

Commissioner Higgs stated the County has benefited tremendously from donations of the Mellon Foundation; because of the significance of the Archie Carr Refuge, it has a worldwide impact; and the Board is grateful for what the Foundation has done and continues to do for Brevard County.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution authorizing transfer of real property; authorize staff to accept 18 individual parcel donations from the Richard King Mellon Foundation, subject to compliance with the Board’s policies and procedures, waive the survey requirement, obtain an environmental assessment on the parcels, transfer title of the Townsend property from the County to a non-profit organization selected by the Foundation, develop and sign Parks and Recreation standard caretaker agreements with the respective tenants on the Yotti and Locke properties, and close on all properties once the required due diligence is obtained and approved by the County Attorney’s office; authorize the County Manager to waive objections to title exceptions for encroachments when the County receives quit-claim deeds or disclaimers of interest from any encroachers; and authorize the Chairman to sign any leases, caretaker agreements, closing documents, deeds, and related legal documents. Motion carried and ordered unanimously.

APPROVAL OF REQUEST FOR PROPOSALS, RE: PERFORMANCE AUDIT/REVIEW
SERVICES OF PROPERTY APPRAISER’S TANGIBLE PERSONAL AND COMMERCIAL
PROPERTIES ASSESSMENT METHODOLOGY

Bea Polk of Titusville stated she hopes the Board approves the request for proposals. She stated she read that Brevard County’s 2002 real estate tax roll was subject to Department of Revenue’s in-depth review; and she is glad to hear that because that is not what they told her the first time, which was that they were so busy. She stated the dates of July 5 and July 22 are not the dates she heard before; and she hopes the Board approves it so the people can see where they stand on all this. She stated she does not know when it was received but was told by DOR it was only a few days before they approved it; so she does not believe they did an in-depth review of all the properties in Brevard County; and it is time to do something about it.

Chairman Scarborough requested the County Attorney brief the Board on this item.

County Attorney Scott Knox advised this issue was raised in conjunction with some matters the Board took up several weeks ago; the thing that precipitated it was the assessments that were being increased for mobile homes with attachments; and Commissioner Higgs brought up some commercial sales that seemed to be assessed less than what the market value indicated from sales on the open market. He stated the Board requested the County Manager come back with a request for proposals to determine whether the Board would retain somebody to analyze the assessment rolls based upon market data that is available; and that is where the Board is today. He stated the Board also mentioned it was interested in looking at billboards, which is another thing that was not mentioned in the report and is something it may want to consider.

Chairman Scarborough advised the Board received items in the last few days from the Clerk and Property Appraiser; and inquired if Mr. Knox would address those pieces of correspondence. Mr. Knox advised he just saw the one from Mr. Ford this morning, but did see the one from the Clerk; the Clerk is questioning the validity of expending funds for the purposes of reviewing the assessment rolls; Commissioner Higgs asked him to respond to that position, which he did in a memorandum dated November 8, 2002. He stated basically his response is that the assessment rolls are public records and there is nothing that precludes anybody from looking at the assessment rolls or the information that led up to them. He stated the Board has an interest in determining the accuracy of the assessment rolls; its tax levy and revenue strain are dependent upon the assessed value of property; so he respectfully disagrees with Mr. Ellis’ interpretation. Chairman Scarborough stated Mr. Ellis is calling it an illegal charge if the Board proceeds with expending funds for that. Mr. Knox stated he is entitled to his opinion, but he does not think it is illegal, and the Board is entitled, by Florida Statutes, to inquire into the records of County officers. Chairman Scarborough inquired if what he read is that Mr. Ellis does not plan to pay for the service; with Mr. Knox responding that is what it seems to say.

Commissioner Higgs advised she thought his opinion dealt with an audit of the constitutional office of the Property Appraiser; that is not what the Board is asking for; and it wants to look at the rolls and the methodology for achieving the rolls so the Board can feel comfortable that it is fair and the citizens of the County are being treated fairly. She stated it is not an audit; the Board received information that an audit of a constitutional officer or charter officer would not be within its scope; this is not an audit of any of those offices; it is simply that the Board wants someone else to look at the rolls, the methodology, and the way that property is valued and confirm that those are within the guidelines of the Florida Statutes.

Commissioner Carlson stated the Department of Revenue’s (DOR) comments say Mr. Ford did not have a choice in applying the uncollected assessments based on the way he did it; and the Board was looking at a gradual collection of that money, but evidently DOR responded that he did not have a choice. She stated that does not mean the methodology used or anything like that, and she assumes that is all set in stone by the DOR.

Chairman Scarborough stated there are different opinions; he is not prepared to proceed today because he did not have yesterday for briefings due to the holiday; and he wants to spend a lot of time on this issue. He stated they are elected officials and the Board has to afford some degree of respect to comments from charter officers.

Commissioner Higgs stated they are free with their comments in every regard; they certainly feel free to audit, criticize, and challenge everything the Board does, which is everyone’s right; the Board is not doing anything out of the scope; and it is the responsibility of the Board to insure there are checks and balances in government. She stated if the Board, as the representative of the citizens of Brevard County, does not move forward to look at what the other elected officers are doing, then there is no one in position to do that. She stated if Chairman Scarborough needs additional time, she has no problem delaying this action, but it is not unclear that the intention is not to audit the office, but to look at the methodology and rolls. Chairman Scarborough stated he would feel more comfortable having time to review it with the County Attorney.

Commissioner Carlson inquired what was the County Attorney’s response to Commissioner Higgs; with Mr. Knox responding he handed out copies of it this morning, but basically the answer is the Board is entitled to look at the assessment rolls; they are public records; and there is nothing that stops the Board from doing that. Commissioner Higgs stated anybody in the County could go to the Property Appraiser’s office and see the rolls and assessed values. Commissioner Carlson inquired if they could look at the methodology if it is printed; with Mr. Knox responding everything they do is public record with exception of some returns that are filed for some people who have personal property.

Chairman Scarborough advised he and Assistant County Manager Stockton Whitten had a conversation about the internal auditors getting involved; and requested Mr. Whitten expound on that conversation; with Mr. Whitten responding he had a conversation with the internal auditors who advised him of two things: (1) they would have to hire appraisal experts to complete the review; and (2) they would have to interview the Property Appraiser in-depth before they could cost out the review. He stated in response to that, the RFP was drafted for firms that could do the review, and perhaps firms that are not CPA firms. Chairman Scarborough advised tabling the item will give more time to obtain additional information; and he needs to talk to some people and generate questions that may not be immediately answerable.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to table approval of request for proposals for a performance audit/review services of the Property Appraiser’s tangible personal and commercial properties assessment methodology until December 3, 2002.

Commissioner O'Brien stated the Board has been advised that it may not initiate any financial and performance audit of constitutional officers; and inquired why would it want to go forward, what does it want to accomplish, and how much time, effort, and money will be expended when the answer is clear that it may not initiate independent financial and performance audits. He stated the Board should drop it right here and stop wasting time spinning its wheels; if the State wants to perform an audit, that is up to the State; it is time for the Board to back out and admit the law says it cannot do it; and it should not try to skirt the law. Commissioner Higgs stated the County Attorney said the Board has every right to do it; with Commissioner O'Brien responding the AGO says it does not. Commissioner Higgs stated the AGO said the Board cannot do an audit of the officers, but the Board would be looking at the rolls. Commissioner O'Brien inquired why; with Commissioner Higgs responding some Commissioners have concerns about the way property is valued; there were a number of people who came to the Board very concerned about the process and the outcome of the valuations on their mobile homes; that sparked some interest; and that is why the Board wants to look at it. Commissioner O'Brien stated the letter from Department of Revenue says, “Generally speaking, mobile homes and attachments located on rental lots are classified as tangible personal property, not as real property. The same is true for billboards, as such they are not part of the Department’s real property in-depth/non-in-depth review cycle for county tangible personal property. Furthermore, these properties comprise a relatively small subclass of taxable tangible personal property. The Department’s biennial in-depth review cycle for tangible personal property tax rolls did not contain a sample for this kind of property; however, in response to the Board’s concerns, the Property Appraiser asked the Department to perform a rate analysis of mobile home attachments pursuant to. . . A Department tangible personal property tax auditor reviewed the Property Appraiser’s rate schedule for mobile home attachments and determined that the methodology used to develop the schedule was reasonable and appropriate.” Commissioner O'Brien stated that has been done, the State audited it; those are the people who do that kind of work; they found it reasonable and appropriate; so it is time to give up the ghost.

Chairman Scarborough called for a vote on the motion to table. Motion carried and ordered unanimously.

The meeting recessed at 2:17 p.m., and reconvened at 2:35 p.m.

RESOLUTION, RE: APPROVING ISSUANCE BY BREVARD COUNTY HOUSING FINANCE
AUTHORITY OF SINGLE-FAMILY MORTGAGE REVENUE BONDS, SERIES 2003

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt a Resolution of the Board of County Commissioners of Brevard County, Florida, approving the issuance by the Brevard County Housing Finance Authority, individually or jointly with another Florida Housing Finance Authority or solely by such other Florida Housing Authority of not to exceed $50,000,000 Single-Family Mortgage Revenue Bonds, Series 2003, to be issued for the principal purpose of financing the purchase of single-family, owner-occupied homes for persons of moderate, middle, or lesser income within the Authority’s area of operation; and providing an effective date. Motion carried and ordered unanimously.

RESOLUTION, RE: QUALIFYING AMERICA AEROSPACE, INC. AS AN ELIGIBLE
BUSINESS UNDER THE COUNTY’S TAX ABATEMENT PROGRAM AND AUTHORIZING
A PUBLIC HEARING TO CONSIDER AN EXEMPTION ORDINANCE

Richard Davis with American Aerospace, Inc. advised they are developing a new twin-engine jet aircraft that is in the super light class; it will have six, ten, and fourteen-seat capacity; and it fits into the below 12,000 pound structure, and will be priced below $2 million, which allows them a greater market acceptance.

Clarence Rowe advised he sits on numerous committees relating to unemployment, low-income people, and economically disadvantaged people; and this would be an opportunity to get some of those people to work. He stated he has a proposal he would like the Board to consider when dealing with tax abatements, and that is to ensure a percentage of the low-income, economically disadvantaged, and homeless people who are physically capable of working, can be a part of a formula and become self-sufficient. He stated the groups he works with have 60 to 70% of its citizens working part time with no benefits; and the Board needs to improve that situation, even if it gets only one or two people to buy an affordable house and contribute to the financial security of the County instead of the County attempting to address this issue year-after-year with no progress. He stated he would appreciate it if the Board and staff would consider a formula that would insure some of those people are given an opportunity to work and become self-sufficient and a productive part of the community. Mr. Rowe advised he sits on the Florida TODAY Multi-culture Board; one of the ladies talked about her husband who is an engineer not being able to find work for a long time even going to job fairs with no responses; so if the Board can work out a partnership with this company and other companies, perhaps it can bring about a change to help the less fortunate who could then contribute to the tax base of the community. He stated he is not asking the Board to do anything illegal or immoral, but to somehow work on this issue; if they can put a man on the moon, they can do it; and he would appreciate the Board’s serious consideration of giving those people an opportunity to work. Mr. Rowe stated he talked about transportation on numerous occasions; some of those people cannot get to work if they got a job; and he would appreciate it if the Board and its Transportation Department would consider how to get those people to work until they can get on their feet and get their own transportation. He suggested a formula be put in a future text or agreement with this company and future companies to achieve this goal.

Chairman Scarborough stated he agrees with Mr. Rowe; economic development should bring wealth to the average individual, let them advance economically, and let them enjoy a better quality of life; so he concurs with Mr. Rowe’s thoughts. Mr. Rowe stated he would appreciate it if it was put on paper.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution qualifying America Aerospace, Inc. as an eligible business under the County’s Tax Abatement Program, and authorize a public hearing to consider an exemption ordinance. Motion carried and ordered; Commissioner Higgs voted nay.

PERMISSION TO USE, RE: CURRENT CHAIRMAN’S SIGNATURE PLATES

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize continued use of the current Chairman’s signature plates for signing payroll and accounts payable checks until new signature plates can be obtained with the new Chairperson’s signature. Motion carried and ordered unanimously.

APPROVAL OF SETTLEMENT, RE: FLORIDA ASSOCIATION OF COUNTIES TRUST v.
BREVARD COUNTY

Commissioner Higgs advised she serves on the Florida Association of Counties Trust Board of Directors; I do that as a representative of Brevard County; I have consulted with the County Attorney who indicated there is no conflict since I have no financial gain on that and I serve only because the Board has a representative there. She requested the County Attorney confirm that there is no conflict; with County Attorney Scott Knox responding that is correct.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to approve settlement of Florida Association of Counties Trust v. Brevard County involving reimbursement of $700,000 representing the difference between FACT’s out-of-pocket expense and the policy limits. Motion carried and ordered unanimously.

AGREEMENT WITH MORDEHAY AND JEANNINE LANIADO, RE: ALTERATION OF
ACCESS TO PROPERTY

Brian Conway, Flora Beach Estates Homeowners Association, advised the homeowners appreciate the time and thought the Board has given to the Laniado’s Plaza’s effect on their subdivision; they are confident the Board is acting to insure the safety of the citizens; they feel the Board’s unanimous decision last April to close the Harris Boulevard driveway was right because of the dangers created by misuse of the driveway; and they oppose any agreement, which would ever have the Harris Boulevard driveway open again. He stated they looked at the proposed agreement with Mr. Laniado; the rewording of the last sentence in paragraph 1 worked out by the County Attorney and Mr. Laniado is unsatisfactory because it allows for reopening of the driveway; and one party to the agreement has an interest in making sure the driveway is reopened. Mr. Conway stated Mr. Laniado has shown himself to be both wily and resolute in manipulating the County’s directives to achieve what he wants; he persuaded the County staff that his building’s rear wall was a buffer wall; he could precipitate a Department of Transportation ruling that would close the new driveway on A1A and thus get the one on Harris reopened; and if that happens, the County would have to spend much money and be thwarted in its attempt to ensure the safety of its residents. He stated the proposed agreement says if the driveway on Harris were reopened, it would be gated exit only; they feel it will not be successful for three reasons: (1) Traffic Engineer Thompson last year told them gating was impractical; (2) the occupants of the Plaza have always been unwilling to enforce the present one-way condition; and (3) the pictures he has shown the Board are absent of plants that were required as a landscaped buffer. He stated they feel any gate would be open, broken, or absent; things do not get done there; and they would like to suggest an agreement or a way of looking at the agreement. Mr. Conway stated Mr. Laniado asked to put a second driveway on A1A; he has a 20-foot driveway on A1A now; he could have had a driveway twice that wide in the beginning, but for some reason chose to go with a very narrow driveway; and they would suggest if Department of Transportation were to close the new A1A driveway, the County will help him to widen the present driveway to 40 feet which is allowed by the County and Department of Transportation. He stated they feel that is a good solution because it will not be opposed by Department of Transportation; it meets County requirements; and it prevents the Board giving a precedent for a second driveway for Plazas on access roads as well as secondary and collector roads that the Comprehensive Plan specifies. He stated it would make precipitating the Department of Transportation closure of the new A1A driveway unattractive to anyone and would permanently close the Harris Boulevard driveway. Mr. Conway stated they were told by County staff the driveway on Harris was needed for truck loading and unloading; currently large trucks of Harris Sanitation and Papa Johns enter via the A1A driveway, back up to the store and dumpster, and drive out; they can do that; and if ended up with a bigger A1A driveway, it would be even easier to do that; so if Department of Transportation were to close the new A1A driveway, the wider one would be far better and his claims under the Bert Harris Act would be tenuous because things would be better than they are now.

Laraine Scoma, Flora Beach Homeowners Association, extended her gratitude to the Board for supporting the residents of the community and giving them the opportunity to be heard once again on the Harris Boulevard driveway. She presented pictures to the Board, but not the Clerk; stated they continue to live in danger of a dreadful collision on their way in or out on Harris Boulevard, which is their only access; semi-tractor trailers and delivery trucks for Papa Johns in particular, illegally enter the Plaza through the exit-only drive; and they come in off A1A, go down their one-way street the wrong way, and enter what is clearly marked exit only, one way only, do not enter. She stated there have been countless incidents throughout the year where pedestrians and motorists have narrowly escaped disaster; all the posts that were put in place by the County to discourage illegal entry have been knocked down and destroyed by vehicles misusing the driveway; and admittedly she may be more vehement than others about the conditions because her 20-year old daughter was killed in a head-on collision with a drunk driver in March 2000 and her 21-year old son still lives at home and has to use Harris Boulevard, which scares her. Ms. Scoma stated her family and friends who live nearby are always in an unnecessary precarious situation, which has been disconcerting in light of the fact the Board voted unanimously in April to close the driveway to protect the residents, but it still exists today while they go round and round with negotiations. She requested the Board put a temporary barrier up like a guardrail across the entire driveway while they are finalizing the details of the agreement for Mr. Laniado’s compensation. She stated all the residents on Harris Boulevard support the total removal of the driveway.

Mordehay Laniado, owner of the Plaza, thanked staff for helping to solve the problem; related a story of his childhood where neighbors helped neighbors; and stated that is the relationship and lifestyle he expected from the neighborhood and anybody in his life. He stated they own a few gift shops in Florida and South Carolina, and all the neighbors they know get discounts when they come to the store; and if everybody is that way, it should be happiness with neighbors, so they agree on the solution to close Harris Boulevard. He stated they did not plan it, it just happened; they were in shock when they heard about people doing something against the law; and since then, they have been trying to work it out with the County and Florida Power & Light Company to solve the problems, but it is not easy because it is not he, his wife, or his children who are causing the problems. Mr. Laniado advised he has tenants and agreements with them; they have trucks that deliver to their shops; and there are a lot of things involved, but they are doing their best to solve the problem. He stated they agree to do it and should solve the problem today. He stated they agree to the second entrance from A1A as Department of Transportation agrees; he just heard today that the neighbors are not happy with the conditions they put in the agreement; they need entrances and exits for the trucks, which is what Papa John’s required, not him; and it is in their lease. He stated today the trucks may be able to enter and exit, but when the shopping center is full, it not be easy for the trucks to get in and out; and that is why they needed to get in somewhere, not only for Papa John’s, but for the rest of the tenants as well. Mr. Laniado stated he likes Harris Boulevard because it is a nice street; they did not do it to bother the community in the back of the shopping center; it took two years of planning and hard work to get approval of the project; and the problems are caused by some people doing illegal things. He stated nobody can see the future; and they do not want to open the Harris Boulevard driveway again, but put it in the agreement to protect the tenants in case something happened. Mr. Laniado requested compensation for his lawyer who helped to solve the problem, and for the three parking spaces he will lose when the new driveway is opened. He stated they will use any appraiser the County wants.

Chairman Scarborough inquired if there is anything the County Attorney needs to do; with County Attorney Scott Knox responding there is a housekeeping matter in the agreement; Section 3 refers to $26,800 and should be $28,000; and the last sentence in Section 1 says any attempts to reopen Harris Boulevard driveway would be a violation of the site plan approval unless the second access is closed; and the reopening is there at the Board’s discretion; and Mr. Laniado wanted a provision that would put him back in the same place he is today. Mr. Knox stated because the County allowed him to go forward with the site plan approval and build the plaza as approved with two entrances, he built it that way; then the County came back, because of the neighbors being upset about the Harris Boulevard entrance, and said he has to close the entrance; and under that scenario, without any agreement, he would have the right to make a claim to the County for diminished value of his property because the County took something away that it approved originally. He stated what Mr. Laniado wants to do is put himself back in the position that should some day Department of Transportation decide to take away the second entrance on A1A, he would have the right to apply for a second permit to open the entrance on Harris Boulevard again. Mr. Knox stated if the Board denies it, at that point he would get compensation the same way it is today if he applied for it today; that is why the language was changed. He stated the language as structured would not prevent the County from keeping Harris Boulevard closed in the future; but it would require the Board to pay a sum to compensate Mr. Laniado should the second entrance be removed and that was the requirement of law at that time. Chairman Scarborough inquired if Mr. Knox has a problem with that; with Mr. Knox responding no, if that is what the law requires, then that is what is required; the Board has a right to close down that entrance; and it would be a situation that the neighbors would be satisfied with. Chairman Scarborough inquired if Mr. Laniado is consenting to the permanent closure, but if he loses the other entrance, the County would be in the posture of compensating him for relying on the County; with Mr. Knox responding that is correct.

Commissioner Colon inquired if it puts the Harris Boulevard driveway completely out of the equation; with Mr. Knox responding the County would have the complete discretion to say no he cannot have that entrance, but if that happens in the future without a second access on A1A, the County would have to pay compensation. Commissioner Colon inquired if the Board is saying it will consider it, but may not reopen it; with Mr. Knox responding in response to the neighbors, Mr. Laniado may agree to it; the proposed language he handed to the Board, which Mr. Laniado would like to see inserted, would be revised slightly to say he has the right to apply for a permit to reopen Harris Boulevard entrance; and that way if the Board denies the permit, he can apply for compensation. He stated the language says, “Should Department of Transportation close the second access on A1A, Mr. Laniado shall have the right to apply for a permit to reopen the Harris Boulevard entrance”; and that way he cannot just open it and would have to apply for a permit from the County. Commissioner Colon stated reopening Harris Boulevard entrance puts the Board back in the position of endangering lives; that is not where she wants to be; now it is the opportunity to apply for a permit in the future; and that is not a position that is good for the Board to be in. She stated she will not be on the Board in the future and does not know what the future holds; and inquired if the Board is saying he would be allowed to reopen that entrance; with Mr. Knox responding he would have that no matter what is put in the agreement; what is being done here is giving the Board notice; if the second A1A entrance is closed, he can apply for a permit to open Harris Boulevard entrance again; and the agreement says the Board has the right to close it as opposed to some future Board not knowing anything about it. Commissioner Colon stated she wants to put on the record that she spoke to Mr. Laniado and he was a perfect gentleman; he wants to get this over with as soon as possible so he can go on with his business; and she wants to ask the residents some questions if the Board will allow it to get feedback before voting on the item.

Mr. Conway stated if closing the driveway means putting a barrier in and leaving the ramp access and the concrete there that does not seem like closing the driveway; so if something is there ready for reopening, he does not see it as a good thing. Commissioner Colon inquired if it is closed, would it have sod and sidewalks and look like the rest of the area; with Mr. Knox responding the agreement requires removal of the pavement and construction of a raised curb so they cannot get over it. Mr. Conway inquired if they would take out the ramp at the sidewalk also; with Mr. Knox responding if they take out the pavement, they have to put in sod. Mr. Conway stated he is talking about the ramp from the road to the driveway. Commissioner Colon inquired if the County can assure the residents what it means when it says they are going to close it; with Traffic Engineer Dick Thompson responding it was staff’s intent that the driveway would be fully removed and curb and gutter reinstated correctly and the sod would be placed between the sidewalk and curb or right-of-way line.

Ms. Scoma stated she heard a permit could be applied for if Department of Transportation closes the second entrance on A1A; with Commissioner Colon responding he can do that whether it is put in writing or not because that is the right he has. Ms. Scoma stated she does not have faith that if a permit was applied for it would be denied because it was not denied this time when it was clearly only an entrance and exist to the subdivision and not an arterial road. She stated she knows it is fully in his right; and it was passed once and it can be passed again. Commissioner Higgs advised the permit has to come to the Board because the contract will be with the Board; with Ms. Scoma responding then she is relieved and trusts the wise decision of the Board. Commissioner Higgs stated it will be a public hearing because it is a contract as settlement of this lawsuit. Ms. Scoma stated it is fine with her knowing it will come to the Board’s attention first.

Mr. Knox stated he wants to make sure there is some way, if the agreement is executed, to track that in the future if someone comes in and applies for a permit to open the driveway; with Ms. Busacca responding they can do that.

Commissioner Colon stated she thinks both parties and the Board are satisfied with the compromise; and suggested the residents get to know Mr. Laniado, as he is a nice gentleman. She stated she would like to have open lines of communication; Mr. Conway has done that regarding the sprinkler system when he called Mr. Laniado; so the residents can be his eyes and ears and he would appreciate that if they would. Ms. Scoma stated she spoke to Mr. Laniado and he is amiable.

Commissioner O'Brien stated the landscaping along the side of the building disturbs him. Ms. Busacca stated she spoke to Reba Floyd who told her the landscaping has died and she has been working with Mr. Laniado’s contractor because there is a bond outstanding on that. She stated Ms. Floyd re-inspects the landscaping after one year; so staff is working with the appropriate people to deal with it. Commissioner O'Brien stated he wants to make sure it is taken care of to keep a level playing field with everyone else who has to do landscaping; there is nothing alive there except the grass; and it is disappointing that it was allowed to get to that condition. Ms. Busacca advised the Ordinance requires a year after the initial CO is given for an additional inspection; there is only one staff member who does that work; but when it comes up, Ms. Floyd does go out and inspect the landscaping. Commissioner O'Brien stated Ms. Floyd has done a good job for many ears, but it is disappointing that it could not be corrected faster. He noted there must have been trees there, but there is none standing, dead or alive.

Mr. Laniado advised Ms. Floyd is excellent, and whatever she wanted they did and will continue to do, but sometimes it is not up to him; if one bush dies, a guy works there twice a week putting in new bushes; they are working hard on the project and putting in new flowers that the County did not require; and Harris Boulevard was made for the community and for his property. He stated they are ready to give up on that exit, but it was made for the property, so it is not like he decided to put it in the plan just for him.

Commissioner Colon stated it is hard for Mr. Laniado to maintain the trees because he is not always here; the people he pays to do the job are not responsible; the beautification is supposed to go around the property; but what took place was all the trees were put in one part of the property, which is not what the Ordinance requires. She requested Mr. Laniado advise the folks who work for him that they need to do a better job and to follow what the Ordinance says; and there are no trees there now. She stated she understands what Mr. Laniado is saying regarding the entrance and that he did not put it in on his own but it was something that was approved; and she wants to make sure it is worked out fairly. She stated the landscaping is important, and she will keep in touch with Mr. Laniado. Mr. Laniado stated whatever Ms. Floyd says he will do; they put in a bunch of trees in the beginning and Ms. Floyd came out and said to take them out because she did not want them; they took out about 20 trees and put them in the garbage and put in new palm trees; and if she comes and says take those out, he will take them out because he does not know what else to do.

Chairman Scarborough requested a motion on the agreement as amended by the County Attorney.

Motion by Commissioner Colon, seconded by Commissioner O'Brien, to authorize execution of an Agreement with Mordehay and Jeannie Laniado regarding alteration of the access to his shopping center from Harris Boulevard.

Mr. Knox advised Mr. Laniado asked for attorney’s fees and compensation for loss of three parking spaces; and inquired if those should be included in the agreement; with Chairman Scarborough inquiring how much are the attorney fees. Mr. Knox noted he thinks Mr. Laniado said it was $14,000. Chairman Scarborough inquired if Mr. Knox reviewed the invoice; with Mr. Knox responding he has not seen the invoice. Chairman Scarborough suggested reviewing the invoice before approving payment for his attorney’s fees.

Commissioner O'Brien inquired what action is the Board taking; with Commissioner Higgs responding it is a partial settlement, but not a full one. Chairman Scarborough stated they need to get other things resolved. Mr. Knox stated the Board needs to decide whether it wants to pay all the attorney’s fees and for the parking spaces, pay any of the items, or none of the items. Commissioner Carlson inquired if the Board is legally bound to pay the attorney’s fees; with Mr. Knox responding if the Board went through the Bert Harris suit, and win, it would probably get to pay his attorney’s fees; so it is similar to what was done for the Olson/Firestone case.

Chairman Scarborough stated he does not have a problem paying attorney’s fees because actions were taken based on reliance of the County’s actions; his question is the reasonableness of those fees; and he trusts Mr. Knox to go over the bill, but the County needs to see the billing before approving attorney’s fees. Mr. Knox stated he will get that from Mr. Laniado if the Board wants to postpone the item for a week or so. Commissioner Colon inquired when will the Board vote on it; with Chairman Scarborough suggesting December 3, 2002. Mr. Laniado stated they would like to start construction right away to close Harris Boulevard entrance and open the A1A entrance, so he does not want to postpone it any more. He stated he will send the invoice to Mr. Knox and if it is too much, the Board can cut a few payments and pay whatever it thinks the price should be; and he will agree with that. Mr. Knox stated the board could insert a provision in the agreement that it will pay reasonable attorney’s fees to be determined on December 3, 2002; and he will bring back the agreement for signature. Mr. Laniado inquired if they have to wait until December 3, 2002 to start construction; with Chairman Scarborough responding no, that is when the Board will determine the amount of the attorney’s fees. Commissioner Colon stated it is taxpayers’ money so the Board has to be accountable for everything, but it does not want to hold Mr. Laniado up.

Mr. Knox stated the other thing Mr. Laniado asked for was compensation for loss of three parking spaces, and suggested the Board get an appraiser to do that, but that is a long-term proposition and not something that can be done right away. Chairman Scarborough inquired if it is too ambiguous to put in the agreement; with Mr. Knox responding no, it could say whatever those spaces are worth. Commissioner Higgs stated she is concerned because they had an agreement and now they are adding to it; she has not had time to look at and digest the additions; it is a problem for Mr. Laniado, but it is not his problem, it is the Board’s problem; and it would be nice to know the attorney’s fees and appraised value of the parking spaces first.

Mr. Laniado stated the Board can think about the parking spaces until December 3, 2002, but allow him to go ahead with the settlement. Commissioner Carlson inquired if it is good practice to deal with those in separate scenarios; with Mr. Knox responding ideally it should all be in one agreement; the Board may decide it does not want to do it at all; in which case, the question it would have to ask Mr. Laniado is if that is a deal breaker or not; with Mr. Laniado responding it is not. Mr. Knox stated if it is not, then the Board can pick it up at a later date. Commissioner Higgs stated he could put in the attorney’s fees and not worry about the parking spaces because she has nothing in hand to deal with the parking spaces right now. Mr. Laniado stated the Board can think about it for the next time on how to compensate for that. Commissioner Higgs stated she does not know if she is willing to think about compensation on the parking spaces. Chairman Scarborough stated there is some value to the parking spaces; and asked Mr. Laniado what value he sees; with Mr. Laniado responding 6% of the property value. He stated of the 42 spaces, he will lose three, which is about 6%. Chairman Scarborough inquired if parking is the total value of the property; with Mr. Laniado responding just about because that is how many people can come into the center. Chairman Scarborough stated a parking lot is not always full; so he does not think the Board will come to an agreement on that because he cannot see it being 6%. Mr. Laniado stated 2% or whatever the appraiser decides. Chairman Scarborough stated there are several ways to do an appraisal; doing parking spaces is difficult because there are no comparables since the properties are not the same; replacement value is not the issue; so he does not know the economic value of parking spaces. Mr. Laniado stated common sense says if a shopping center has 42 spaces and now has 39 spaces, some value is lost there. Chairman Scarborough stated there is some value, but he does not know how it is derived. Commissioner Carlson stated there is a possibility of reconfiguration also.

Commissioner O'Brien stated the Ordinance states a certain size building has to have so many parking spaces; and inquired if the Board is breaking its own Ordinance. Ms. Busacca advised the site plan has the minimum required number of parking spaces at this time, so the Board could waive the minimum required, which it has the authority to do under the Ordinance.

Commissioner Higgs suggested tabling the item because it has gone beyond where it was; and if the Board cannot nail it down with the two items, it ought to table it and come back with one package that makes sense and not sit here and try to negotiate. Mr. Knox stated maybe Mr. Laniado can come back at a different date or have someone represent him at a different date on what he thinks, based on an appraisal or what he needs to get for the loss of the parking spaces; and if the Board feels it wants to pay that at that point, it can amend the agreement based on what it approves today.

Commissioner Colon stated she wants to make it clear to Mr. Laniado that there is to be no construction and he has to wait until after December 3, 2002. Mr. Knox stated no, he is suggesting the Board execute the agreement the way it approved it already and as a separate item sometime in the future Mr. Laniado can come back and prevail upon the Board to see if it wants to pay the additional amount for the parking spaces. Commissioner Colon inquired if it will be a separate subject, and if the Board says no, what happens after that; with Mr. Laniado responding nothing. Chairman Scarborough stated if it is to be handled separately the Board is not contractually bound, but he can prevail on its good nature.

Commissioner O'Brien stated many times in the past few months in dealing with land use regulations, the statement was made that it is the Ordinance and the Board cannot break its own Ordinance because something does not fit or does not work; and if that argument is true in that part, then it is true in this part; and the Board cannot make it not part of this argument. Chairman Scarborough inquired if Commissioner O'Brien is asking that the Board not approve the agreement and leave it open; with Commissioner O'Brien responding he is saying the Board has to abide by all its regulations. Chairman Scarborough stated if he abides by the regulations this discussion is for naught. Commissioner Higgs stated the Code provides the Board with authority to waive certain requirements. Chairman Scarborough stated life is such that they balance all the evils and find out which is best; and this time it appears the closing outweighs the three parking spaces. Commissioner Higgs stated the Board can move forward with the agreement it has on the table and come back with the issue of parking, the value of those spaces, and what may be necessary to insure the parcel is in compliance with all the Codes; and bring that issue back for decisions.

Chairman Scarborough advised the motion on the table is what the Board has before it and the earlier comments of the County Attorney, without attorney’s fees or compensation for parking spaces, which will come back later. Mr. Knox stated he thought the motion was to approve the language with the change he handed out and consider attorney’s fees at the December 3, 2002 meeting, but put something in the agreement that the “County agrees to pay reasonable attorney’s fees, the amount of which shall be determined by the Board on December 3, 2002.”

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to execute Agreement with Mordehay and Jeannine Laniado regarding alteration of the access to their shopping plaza from Harris Boulevard, as amended by the County Attorney including reasonable attorney’s fees to be determined by the Board on December 3, 2002, and determine that the value of the parking spaces will be considered as a separate item.

Commissioner O'Brien stated when it comes back, he wants to know what language in the Ordinance will not be complied with by making this agreement today. Ms. Busacca stated when the site plan comes back in to be amended to allow the driveway, the issue of not meeting the minimum requirements for parking will come up; and staff assumes because of this agreement that the Board has waived those three parking spaces. Chairman Scarborough stated that assumption could be made. Commissioner Carlson stated staff can make that assumption, but they should look at reconfiguring the parking in case another space could be squeezed out.

Chairman Scarborough called for a vote on the motion. Motion carried and order; Commissioner O'Brien voted nay.

ACKNOWLEDGE RECEIPT, RE: ANNUAL FINANCIAL AUDIT OF COUNTY AGENCIES

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to acknowledge receipt of Annual Financial Audit of County Agencies, including the Board of County Commissioners, Clerk of Courts, Tax Collector, Property Appraiser, Sheriff, and Supervisor of Elections. Motion carried and ordered unanimously.

APPROVAL, RE: WORKERS’ COMPENSATION CLAIM OF MARY LEMMON

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve the negotiated settlement of the Workers’ Compensation claim of Claim of Mary Lemmon who sustained injuries to her lower back on June 11, 2002, while performing her duties as a Clerk for the Brevard County Tax Collector, for the amount of $30,000 plus attorney’s fees of $3,750 and $300 cost, as full, final, and complete settlement with general release for all dates of accident with Brevard County, as well as voluntary resignation from County employment. Motion carried and ordered unanimously.

COMMUTATION AGREEMENT AND RELEASE WITH ICAROM, RE: CLAIM OF
RICHARD GRIFFIN

Commissioner Carlson requested an explanation of this item. She stated the County is entitled to reimbursement of close to $255,000.

County Attorney Scott Knox advised this is a Workers’ Compensation claim for $354,979; the County would have been entitled to receive $255,000 from the insurance carrier; however, the carrier was dissolved. He stated they have been in touch with the receiver; and the receiver has offered to settle it for $100,000 from the remaining assets of the old insurance company. Chairman Scarborough inquired if Mr. Knox is asking the Board to approve it; with Mr. Knox responding yes, for $100,000.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to execute Commutation Agreement and Release with Icarom, formerly the Insurance Corporation of Ireland Limited, to settle the claim of Richard Griffin and formalize the Board’s previous approval to accept $100,000 on August 4, 1999. Motion carried and ordered unanimously.

CONSIDERATION, RE: EXEMPT REPLACEMENT OF EXISTING FENCE ON CORNER
LOT FROM HEIGHT AND SETBACK REQUIREMENTS ON SIDE PROPERTY LINE

Jessie Fleming of Cocoa presented a booklet to the Board, but not the Clerk; stated they purchased a home in 1987 with a six-foot privacy fence in place which served as a security measure for the home; when other homes were broken into, theirs was not; and they have been gone as much as two weeks at a time with no break-ins and no problems. He stated he had a red Doberman for 12 years that ran in the backyard; after she passed away, they adopted a black Doberman; and part of the requirement of the Humane Society is to have a six-foot fence. He stated in October 2001 he had back surgery and can never work again; prior to that he did all the repairs and maintenance to the home; and the replacement of the fence was the first thing he paid anyone to do. He stated when the fence ordinance first came out, he called the Commission Office and asked if it would affect his fence and specifically if he cold replace it because it was aging; and he was told by the Commission Office no, it was not the plan; and it would be new fences that would be affected by the ordinance. He stated over the years they have discussed the fence Ordinance and different Ordinances, and it has been the general opinion of everyone that existing fences were not covered under the Ordinance; and he had five contractors come out and all five gave him a different opinion about the fence Ordinance. He stated he called the Building Department and understood them to say a replacement fence did not require a permit. Mr. Fleming advised he prepared the maps in the booklet; the first map is an aerial of the house showing the setback from the corner; there is a plot map, which shows the general area of Port St. John where they are talking about; and the survey shows the fence in place in May 1987 and the fence within inches of the property line. He explained the pictures of Canon Avenue, Bridge where Canon dead ends, visibility around the fence, a stop sign, a house on Jamaica, the intersection of Canon and Sanbourne, the fence and landscaping; and stated he talked to the property owner who said she has never had a problem with the fence or visibility backing out of her driveway, and even helped to pay for the stain for the fence. He stated there are drive-through gates on the side that borders Canon; there is a walk-through gate on the front side of the lot; there is landscaping along the fence; on the east end of the house there are two bedroom windows, electrical meter, phone and cable hookups and the air conditioning unit, which are currently all inside the fence; the gates are locked from the inside; and if the fence has to be cut or moved, it would expose the entire east end of the house to anyone walking down the street. Mr. Fleming stated the master bedroom is on the opposite end of the house; the family room is away from there; so it would be easy for someone to break into those windows and they knot know it even though they have a Doberman in the house. He noted when the dog is away he is a good watchdog, but he is not awake very often. He explained pictures given to the Board of the front and back of the fence, the 15-foot setback, fire wood rack, slab, and a pine tree that would have to be cut. He stated he assumes the Ordinance was passed for traffic safety; the last picture shows a pickup truck parked in the driveway on Bridge; Bridge is a thoroughfare; the home was built in 2000 after the higher elevations were required for the slabs; there is a trailer parked in the driveway in front of the pickup truck; and this morning when he left, the pickup was not there; and it is something they put up with all the time on Bridge. He stated it has been shown over the years that the fence is no problem and provides security for his home; and requested the height restriction and setback be exempted for his fence. He stated if he cuts the fence to four fee along the property line, the Doberman stands 30 inches and weighs 107 pounds; he could walk up to a four-foot fence and rest his head on top of it; he does not think he would bite anyone, but he does not want to take that chance. He requested they be allowed to leave their fence as it is since it was a replacement fence and has been there since 1987.

Chairman Scarborough stated he heard more about vested rights than anything else; and inquired if the Board has the authority to act on that request; with Assistant County Manager Peggy Busacca responding the Code is clear; Section 22-708 says, “any fence in existence on the effective date of this Section shall be exempt from the provisions hereof except that any replacement thereof shall be in compliance with all the provisions of this section”; and in addition to that, the zoning Code requires that in residential commercial and tourist commercial zoning classifications, fences or walls shall not exceed four feet in height within the required front setback and the require setbacks on a corner lot. She stated it is typically a variance procedure that would be done by the Board of Adjustment; the Board could choose to direct staff to amend the Code so that existing fences would be exempt; and Mr. Fleming could under separate action request vested rights. She stated he talked to her before, but this is the first time she heard him say staff gave him advice about the fence prior to its construction.

Chairman Scarborough stated that is why he inquired about vested rights; the Board can change the Code any time it wants to; and he hates wasting a lot of time over a fence that nobody seems to be concerned about. Ms. Busacca stated it is currently a Code Enforcement case, so the Board would have the right to abate that enforcement. Mr. Knox stated that could be done pending some resolution.

Commissioner Higgs stated the Board could hold off on action until it decides what to do; it has done that before; she is concerned about the circumstances that place the fence in a position that may not be a problem; the Code has been written under certain circumstances; but when she looks at these circumstances it seems a reasonable place to put a fence; so she would rather the Board look at the issue of where it thinks fences ought to be as opposed to going down some crazy path that may get it into a predicament. She suggested staff look at the ordinance and explain to the Board the criteria that caused the problem with the location of this fence that makes it not in compliance; where Mr. Fleming’s fence is located may be where fences ought to be; that would make sense to do first before getting into other things; and looking at the picture, there does not seem to be a problem where the fence is currently located. She stated she would rather look at whether the Board has not properly determined where fences should be located before doing something else.

Commissioner O'Brien inquired what makes this Ordinance different than the last Ordinance being able to waive the provisions; with Ms. Busacca responding the Site Plan Code specifically has a provision that allows the Board to waive this; the Zoning Code is established in such a way that waivers or changes go to the Board of Adjustment as variance requests.

Commissioner O'Brien inquired if the Board could insert the same language to allow it to waive provisions of this Ordinance; with Mr. Knox responding if the Board wants to be the Board of Adjustment, it can do that. Commissioner O'Brien inquired why for a parking lot with minimum number of spaces the Board can waive three spaces, but for a guy with a fence it cannot; with Mr. Knox responding because the Subdivision Ordinance and the Site Plan Review Ordinance have provisions to allow the Board to do waivers under certain conditions. Commissioner O'Brien inquired if that language could be inserted into this Ordinance; with Mr. Knox responding the Board of Adjustment now handles zoning; and if this Board wants to be the Board of Adjustment, it could do that. Commissioner O'Brien inquired if there is a way to do it to make it simpler on the public.

Commissioner Carlson stated it seemed the Board was talking about vested rights; and if that is true, should it proceed down that avenue; with Mr. Knox responding there are different options; he can apply to the Board of Adjustment to get a variance for the fence or come to the Board and say what he said today and let the Board decide whether or not he has vested rights; but he has not framed it that way. Commissioner Carlson inquired if Mr. Fleming can travel down either of those roads unless the Board feels it needs to bring the Fence Ordinance back and discuss it at length; with Chairman Scarborough responding that has been suggested also. Commissioner O'Brien inquired is there really a problem with fences to require the County to have a fence Ordinance; with Chairman Scarborough responding there were some people who got upset over fences. Commissioner Carlson stated it seems like Mr. Fleming put up the fence after he talked to the Building and Permitting Department that said it would be okay; so that could be a vested right issue; and the Board should deal with it from that direction. She stated there is an assumption the County gave him information and that is why he did it; and that spells out vested rights. Commissioner O'Brien inquired if the Board can solve it today by declaring vested rights or does it have to have a separate hearing; with Mr. Knox responding it requires a public hearing. Commissioner O'Brien stated this is a public hearing; with Mr. Knox responding it was not advertised.

Commissioner Higgs stated if Mr. Fleming’s fence appears to not be a problem, then the Board should look at the criteria that caused the fence to be there in that location before doing anything else; it is talking about a staff report, no further code action until the Board looks at it; and if the Ordinance does make sense, then the Board can discard that option.

Chairman Scarborough recommended the Board abate Code Enforcement action and get a report back from staff to figure out how it wants to look at fences or change the Ordinance. he stated the report should include what things could and should be changed, how it applies to Mr. Fleming’s fence, outline steps to take for vested rights and for variances, and speak on each of those as the probability of meeting the criteria. Commissioner O'Brien stated he would like to see language that allows the Board to waive parts of the Ordinance, although it is not the Board of Adjustment, because it is free to the public and to go to the Board of Adjustment will cost them about $900. Chairman Scarborough stated that can also be addressed.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to direct staff to review the Fence Ordinance to determine if there is a way to resolve the question, what things could be changed or should be changed, how it applies to Mr. Fleming’s problem, outline steps to do vested rights and variance applications, speak to the probabilities of Mr. Fleming meeting those criteria; consider language to allow the Board to waive parts of the Ordinance; look at criteria that caused the fence to be there in that location; and return with a report to the Board. Motion carried and ordered unanimously.

AGREEMENT WITH LEADERSHIP BREVARD, RE: FISCAL AND PROGRAM
MANAGEMENT AGENT FOR BREVARD TOMORROW

Commissioner Higgs advised the item deals with Leadership Brevard’s agreement regarding the implementation of the strategic plan for Brevard Tomorrow; the budget showed $346,000 for the next four years; it is her understanding for this year they have raised $211,000; and she wants to be sure there are resources to fully implement the plan, so the Board needs to look at it very carefully before spending a lot of money. She stated she is happy to go forward, but wants to ask Commissioner Carlson as a member of the Steering Committee, to look at where it is in the fund raising and be sure that the resources are there, or if the strategic plan has to be revised, and what they are able to do with the resources that are being raised, so that they do not get half way through the year and not be able to do what needs to be done.

Commissioner Carlson stated they are still in the process of fund raising and have $214,000 committed or in the bank; Kristin Bakke is the newly-appointed CEO of Leadership Brevard and will be overseeing Brevard Tomorrow; and suggested Ms. Bakke give an overview of where they are right now. She stated it will be good for the public to get an update on where Brevard Tomorrow is and what milestones it has passed in the last few months; and requested Ms. Bakke tell the Board where they are. She stated they had a transition meeting yesterday; and what Commissioner Higgs brought up is important because that is a significant portion of what they need to do; but they want to make sure all their ducks are in a row and understand exactly what they are out to accomplish so they can approach those who they can ask for money. She stated Ms. Bakke could add comments on the funding and where they are at in the process.

Kristin Bakke, President and CEO of Leadership Brevard, which now includes Brevard Tomorrow, advised they have $211,000; the $346,000 budget is still reasonable; they have a full Brevard Tomorrow Steering Committee; and if there are budget revisions that are necessary, that will be presented to the group and the Board in early December. She stated the work groups that give them feedback to go into the community and raise the remainder of the funds are alive and well; they are about 30 members strong; there are five groups that have met through their first cycle of proposed meetings; so they are generating activity and have the commitment and passion to move the program forward. She requested the Board continue its support as it did for the planning stage; stated they are now in Phase 1; they have a pro bono arrangement with Media, Inc. regarding communications; and they are going to pay for some help to be able to present that early next month as well.

Commissioner Higgs stated she talked to Ms. Bakke last week and was told basically the same things she mentioned; she understands where the fund raising process is; but has concerns about the resources to move it forward, or if they need to amend what they think can be done; and that the Board be updated so it knows what is going on. She stated the Board made a significant commitment; it is a great effort; she wants to see it go forward; but she has concerns whether the strategic plan that says $346,000 is able to get there. She stated if that is the case, they all need to get back together, including this Board, to say what they can achieve because she does not want to see it limping down the road and wants to revise the plan rather than have it limp along. Commissioner Carlson stated being the Co-chair of the Steering Committee, she will make every effort to be the watchdog in that regard and if she thinks there is any question that it is not going to be successful or anything like that, the Board will be the first to know. Commissioner Higgs stated with that understanding, she will move the item.

Motion by Commissioner Higgs, to execute Agreement with Leadership Brevard to serve as the fiscal and program management agent for Brevard tomorrow.

Chairman Scarborough advised people watching the meeting do not know what the Board is talking about; and requested Ms. Bakke tell those people where they are and where they want to go with the next effort.

Ms. Bakke advised Leadership Brevard is a 17-year old organization with over 600 graduates Countywide, and has always been community based; in 1993, it became a 501(c)3 organization; and they accept contributions that support their leadership development programs. She stated based on those successes, their community trust is a big factor of why Brevard Tomorrow looked to Leadership Brevard as the implementation organization. She stated many individuals have acted together, first of all the Leadership Brevard Board of Directors, to make a cultural shift to move into the community process activity; and it is a compliment to the mission they have had in the past, which is to educate, inspire, and prepare future leaders to address the challenges facing Brevard County. Ms. Bakke stated adopting Brevard Tomorrow as a program of Leadership Brevard, adds a fourth element to their mission, which is to provide a call to action both for their graduates and the community. She stated it is an exercise in leadership; and the community has responded magnificently to date, both in terms of financial contributions and as important, in volunteer hours, time, energy, and meetings. She stated there are five work groups that were identified through the Brevard Tomorrow community process; Brevard Tomorrow Steering Committee still exists as a part of Leadership Brevard to provide oversight responsibility; and there are five community partner organizations that provide in-kind staff and financial support to each of the five work groups. She stated she did a rough estimate at some point today and they are looking at about a thousand volunteers; so they are actively engaged in the process right now and as they expand and develop action steps with the work groups and continue the implementation plans, there will be more volunteers engaged, additional community input opportunities, which they welcome, so it continues to be a community-driven process to benefit the overall quality of life for all citizens of Brevard County.

Commissioner Colon stated she is glad Commissioner Higgs asked the question about funding because the Board went through several hard months on the budget; it is important for the citizens to understand the County has programs to move to the next level; and those programs that are not, the Board needs to know about them. She stated there has to be partnerships in the community because government cannot do it alone; folks from Brevard Tomorrow, Economic Development Commission, and other boards and committees are the same folks who are involved in this process; they have good communication, which creates a different atmosphere and puts Brevard County in a different level; and communication is where she sees Leadership Brevard. She inquired how do you put a dollar sign on what has been accomplished; and stated it is good to explain to the public what Leadership Brevard does, because if she allocates dollars to go there, she has to explain to her bosses where they are going and what is being accomplished; and what she feels is being accomplished is communication. Commissioner Colon advised there is going to be a summit of local governments, the municipalities and the County, next year; she hopes Leadership Brevard and Brevard Tomorrow will become part of that and find out how to be a part of that day; and it is critical because it is going to give the County and cities an opportunity to come together, which is the first time it will happen. She stated the summit is not being spearheaded by the Board or municipalities; it came together among city managers and communication with the County; and it would be beneficial for Leadership Brevard to be a part of that day. She stated she agrees with Commissioner Higgs that the Board should discuss how the money is spent because this year she is going to be more cautious of how money is being spent because there is no extra money; the Board made that clear on September 26, 2002; and that is why there has to be a partnership between government and the private companies. She stated the County cannot do it alone; there is no way around that; there has to be accountability; so those questions have been asked. She stated Leadership Brevard is doing a wonderful job with communication among the hospitals, universities, colleges, and private enterprise; all that is not seen by the community, but it benefits the taxpayers; and every dollar that is spent is going to be well spent to help the community, so it is a worthwhile project.

Commissioner Carlson stated the summit is a good idea; and it would behoove Brevard Tomorrow to work with Commissioner Colon on being a part of it. She stated Brevard Tomorrow was a community-initiated program; she initiated it, but it was the community that took it upon themselves to go down the path they are now on; and they are at a critical mass right now, cannot turn back, and need to keep going forward. She stated they need to have faith that the process will work; she thinks it will work and they will be very successful; and in the long run, they will have cost-effective measures to look. She stated her main purpose was to make sure that in government they save some money, but also accomplish a great deal in getting the community engaged in all the main issues that they need to be dealing with, which each one of the work groups are dealing with at this time. She stated as Ms. Bakke mentioned, they have about 30 people per work group; and they are leaders and community members who are working together diligently at assessing the priorities in each of the issue areas based on the goals and strategies set out in the strategic plan for Brevard Tomorrow. She stated all Ms. Bakke’s words were positive, and she appreciates that; they need to work toward the betterment of the community; and she appreciates Ms. Bakke giving the once-over because it is hard to encapsulate all the things they have done over the last year and a half, but she did a fine job.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to execute Agreement with Leadership Brevard as the fiscal and program management agent for Brevard Tomorrow at $25,000 in FY 2001-02, $50,000 in FY 2002-03, and $25,000 in FY 2003-04 to enhance the quality of life in Brevard County. Motion carried and ordered unanimously.

APPROVAL, RE: 2003 BOARD MEETING SCHEDULE

The Board tabled the 2003 Board Meeting Schedule to allow newly-elected Commissioner Ron Pritchard an opportunity to review the schedule with his personal schedule, and for further review by Commissioners, to get their changes to County Manager Tom Jenkins; and directed staff to put it on the Agenda for discussion at the December 3, 2002 meeting.

AGREEMENT WITH HOUSING AUTHORITY OF CITY OF COCOA, RE: HOUSING AND
URBAN DEVELOPMENT DRUG ELIMINATION PROGRAM

Commissioner O'Brien advised the Agreement is with the Housing Authority of the City of Cocoa and the County for a HUD drug elimination program; and what concerns him is there is no accountability for the function of the person performing the program; no curriculum was brought to the Board; and there is no report to determine the program’s effectiveness or even if it works. He stated it is not just this program that concerns him; DARE is a drug elimination program that is in every grammar school in the County; and that makes this program redundant even though it is a little different.

Parks and Recreation Director Charles Nelson advised there are two parts to the program; next year’s allocation will go into policing of the program, so the monies will not be available for the County; this Agreement is for the current fiscal year; and the concept is to keep children off the streets and reduce exposure to drugs. He stated it is not intended to get into the level of detail that DARE gets into, which is the educational process, although there is an educational component to it; but it is really to keep children busy and involved with some education versus the more specific harms of drugs education. He noted in any respect, those funds will go to a different source next year.

Commissioner O'Brien stated there is still no measurable outcome and no accountability; and inquired what do they get from the federal funds, and how many basketball, baseball, soccer, and other games are provided. Mr. Nelson stated they use the funds for scholarships for day cam programs, so they know the number of children involved and also track the number of children in the program; and he can get that information for the Board. Commissioner O'Brien stated it would be fair that each Commissioner is sent that information. Commissioner O'Brien stated paragraph 3 says, “drug prevention education is required in each program”, but it does not say how much. Mr. Nelson stated he does not know the specifics, but they do some educational classes, arts and crafts, etc. to highlight the message of not becoming involved in drugs; so there are components of it, and he can get the Board more specific details of the activities. Commissioner O'Brien noted the Board may want to see copies of the art work, because the proof of the pudding lies somewhere for accountability; he is not against the program, but does not like the idea of give away programs that may be abused nationwide, not just in Brevard County; and if it is a drug prevention program, he would like to see what methodology is being used, copies of the pictures the children drew, how many games are scheduled; and how and for what the money is being spent. Mr. Nelson stated staff will give the Board the details, but the art work may have gone home with the children.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to execute Agreement with the Housing Authority of the City of Cocoa for reimbursement for providing a HUD Development Drug Elimination Program from January 1, 2002 through December 31, 2002 at Joe Lee Smith Park, Cocoa West Community Center, and Woody Simpson Park.

Commissioner Colon inquired about the after-school program Arnold Schwarzenegger was trying to get passed in California; with Mr. Nelson responding he heard briefly about it but is not familiar with the details and did not hear if it passed or not. Commissioner Colon stated she is interested in knowing what happened because it was targeted to every child in the State to have access to after-school programs and was not based on taxpayers’ money.

Commissioner O'Brien stated government pays for after-school programs; and inquired how many separate programs should there be within certain the scope of drug rehabilitation, drug prevention, drug education, etc. until finally somebody suggests selecting one agency and tying all the programs together. Mr. Nelson stated this item involves the housing projects and targets a specific group; there are a variety of programs, which are not supported by other funds to get out the drug education message; and there is spinoff benefits to all the community centers that had the involvement because those that were not part of the program still got part of the message and opportunity to participate. He stated in some cases they are expanded programs for non-targeted groups. Commissioner O'Brien inquired how many years have they been doing this program; with Mr. Nelson responding this is about the fifth and last year. Commissioner O'Brien stated so there is no way to track the children who came through the program to see how many five years later are doing drugs; with Mr. Nelson responding he is not aware of a mechanism for that.

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

Assistant County Manager Peggy Busacca advised explained a map of the area depicting the subject parcel and other parcels; stated the blue is the Property Appraiser’s assessed value; information on the appraised value is highlighted in green; there are significant differences between assessed and appraised values; and the information on the bottom shows comparables that came from the summary appraisal report. She stated copies of that are available if the Board is interested in looking at those appraisals.

Commissioner Higgs inquired what is the cost per acre for the parcel staff wanted to buy; with Ms. Busacca responding it is 4.47 acres appraised at $170,000 for an appraised value of $38,000 an acre. Commissioner Higgs stated that is not what the owners are willing to take; with Ms. Busacca responding that is correct; the contract is for 125% of the appraised value or $47,000 an acre. Ms. Busacca advised the parcels range from $15,000 an acre to $61,000 an acre; the average of those is $28,300 per acre; using the standard the Board set at 150% of assessed value, it was previously used on another Agenda item today, that would be a total of $42,000 an acre. She stated the appraisals are higher than the assessed values; the appraisal for the subject parcel is $38,000; the comparables include parcels at $28,000 an acre, which was concluded to be an inferior parcel; and $38,000 was the appraised value for a similar parcel. She stated other similar parcels were appraised at $36,000 and $35,000 per acre. Commissioner Carlson inquired what would the County be paying; with Ms. Busacca responding $47,000 per acre.

Chairman Scarborough inquired if the owner does not want to sell it for less, can the Board walk away and go to another area of the County or will it lose the grant; with Regional Stormwater Utility Department Director Ron Jones responding staff looked at four different parcels; one was eliminated because it was not technically feasible to construct at that location; one was turned into a subdivision; one had a higher price based on casual conversation; and this parcel, which is $47,000 an acre. Mr. Jones stated in order to implement some stormwater management projects, there are going to be costs; and if the Board chooses to identify more from a policy perspective, staff would be knowledgeable about what thresholds are there. He stated in this instance, it appears this is the only parcel remaining that suits the purpose; and without moving forward with this parcel, it is likely the County will lose the grant. Chairman Scarborough inquired if there is a way to move the grant somewhere else; with Mr. Jones responding they could look at that; they are in the process of f9inalizing the agreement; they have until June in order to make that agreement hold; so they have some time to look at additional parcels.

Commissioner Higgs inquired if it was an Environmental Protection Agency stormwater grant; with Mr. Jones responding yes. Commissioner Higgs stated staff did not identify this parcel as part of the grant; it identified the Upper Eau Gallie project; so they do not have to have this parcel, but a parcel in the Upper Eau Gallie project.

County Manager Tom Jenkins inquired if there is a consequence to the area if the project is not done at that location; with Mr. Jones responding as part of the Upper Eau Gallie Stormwater Management Master Plan, the St. Johns River Water Management District required certain treatment to occur in addition to the flood control components; this contract is to move forward and satisfy that requirement, and in addition to moving forward with implementation of some additional water quality projects for the St. Johns River. Mr. Jenkins stated he is talking about this particular area and whether there will be consequences.

Commissioner O'Brien stated the document brought to the Board points out vividly that directly across the street property is assessed at $25,000 an acre; and inquired if $71,000 is for the whole parcel; with Ms. Busacca responding yes, for the 2.84-acre parcel. Commissioner O'Brien stated the parcel being discussed for purchase is appraised at $38,000 per acre; the County is offering $47,500 per acre; and inquired why is the County getting screwed by the owner of the property by paying more than it is appraised at and even more than it was assessed at. Commissioner O'Brien stated the Board got burned over the Sarno Landfill property; now it treads on tacks and nails when it starts buying land for various purposes; the appraiser of this project is the same one who gave the County the appraisal for Sarno Landfill; and he is not saying it is wrong or right, but he has some serious concerns. He stated whoever owns the property can hold out because they know the County wants it; and he is not sure it is worth $47,000 an acre.

Chairman Scarborough stated there may be a way to work with the grant with different ideas; and he wants to see if there are other viable ways to go, because if the owner believes the

County needs their property, they probably would not agree to a lower price. He stated to have other viable projects is probably the only way to get movement here; and inquired if there is a possibility for staff to go back and review other projects they can recommend to the Board. Mr. Jones stated they will be happy to move forward in that direction. Chairman Scarborough inquired if staff feels comfortable with that and it would not be a wasted exercise; with Mr. Jones responding yes.

Commissioner Carlson stated if the Board feels more comfortable with a price that is consistent in the area, which is not $47,000 but closer to $38,000, staff could approach the owners and see if they are willing to negotiate; and if not, then they can look elsewhere. Chairman Scarborough stated staff can counter, but if they think they got the County, staff is not going to get them to move. Commissioner Carlson stated that is fine, then they lose.

Chairman Scarborough recommended a motion to table the contract and have staff come back with other options not only the Eau Gallie project, but in other places as well, to see what would work. Commissioner Higgs suggested it be brought back the first meeting in December to advise the Board if anyone is interested in selling their property at a reasonable figure close to the appraised value. Chairman Scarborough stated if staff is not able to look at other viable projects, they can go to that person and see if there is a way; but sometimes they would increase the price even more and go the other way because not everybody responds in the way the Board would want them to. Mr. Jenkins stated Mr. Jones has other alternatives; he can make a counter offer closer to what the other properties are selling for; and if they find that unacceptable, he can come back to the Board with other options as soon as he can develop them. Chairman Scarborough requested a motion to that effect; with Mr. Jenkins responding no action is necessary at this time.

PUBLIC COMMENTS - MARY TAYLOR, RE: OPEN BUSINESS FOR CHRISTMAS

Mary Taylor advised she and her business partners ran into a strange situation; and they are hoping for assistance from the Board. She stated they have a small business of retail sales of motor racing and other sports collectibles; after they were incorporated, they started acquiring inventory and looking for an appropriate facility where they could sell the products; they found and acquired property on Merritt Island on June 28, 2002; and they closed on the property by means of a small business loan and considerable effort. She stated at the closing they were told to take a copy of the Warranty Deed to apply for an occupational license at the Merritt Island Courthouse, which they did; she was told there was concerns about the property that would have to be addressed; and several concerns were addressed. She stated at site severance plan had not been done when the property was sold to them; that has now been submitted; and at that time it was determined by the Zoning Office that there were setback requirements that were not met because of the situation that occurred when the property was severed. Ms. Taylor advised the variance application was submitted last week; they were told the first available action that could be taken would be on December 18, 2002; and they had counted on being able to open before the Christmas holidays to take advantage of the retail market. She stated she and her partners invested the major part of their savings and 301K funds into the business and were counting on the Christmas sales to move it forward. She stated before they bid on the property, she called the Zoning Office, told them where the property was, what existed on it, and that they wanted to buy it for a retail sports collectible store; and she was told no problem. She stated she also called the Property Appraiser’s office and got feedback from them; so they went forward; and this is where they are now. She appealed to the Board to give them a temporary occupational license or some means of opening before December 18, 2002.

Chairman Scarborough inquired what can the Board do; with Commissioner Higgs responding she does not understand the problem. Permitting and Enforcement Director Ed Washburn advised the problems are that the owners of the property sold off a portion of a site plan and did not go through the proper procedures; and when they went through the change of use process, staff worked with them to meet the parking requirements, but they could not meet the rear setback. He stated the parcel fronts on SR 520 and Plumosa; they took a front setback off SR 520 for the entire site plan, which contained two buildings; and they sold the rear building, which was supposed to be for professional offices and changed it to retail. He noted they can barely meet the parking requirements; meet all the other regulations; but they cannot meet the rear setback for the severed parcel with frontage on Plumosa.

Chairman Scarborough inquired if they can get a variance for that; with Mr. Washburn responding the Board of Adjustment would have to determine whether there is a hardship involved. Chairman Scarborough inquired if that is one of those things they grant variances for; with Planning and Zoning Director Mel Scott responding that is in the realm of the Board of Adjustment; but it is always a case-by-case circumstance whether the Board of Adjustment will choose the hardship which she clearly has, or direct her to remedy the problem through other means. He stated the other recourse is to go back to the seller who sold her an illegal parcel. Ms. Busacca advised Ms. Taylor applied to the Board of Adjustment for a variance hearing, but the date will not be until December 18, 2002, and she will miss the Christmas selling season.

Commissioner Higgs inquired if there is a way to get the hearing scheduled sooner; with ms. Busacca responding there is a 30-day period for advertising, so there will not be the ability to speed it up by much.

Chairman Scarborough inquired if there is anything such as a temporary right to occupy the facility; with Mr. Scott responding that is not contemplated.

Commissioner O'Brien inquired if the property is Tract B and Tract A is the eyeglass store with ABC Liquors behind it and Burger King across the street; with Ms. Taylor responding nothing changed physically about the configuration of the property from what it was before and what it is now; and she does not know if it makes any difference or not, but the eyeglass store has an address of 100 N. Plumosa, and their address is 120 N. Plumosa. Commissioner O'Brien stated the businesses between SR 520 and Merritt were warned that their signs must be monument signs; and inquired if Ms. Taylor is aware of that; with Ms. Taylor responding their sign will be on the face of the building and they have an application in for that right now. Commissioner O'Brien inquired if Ms. Taylor spoke to anyone in the Merritt Island Redevelopment Agency; with Ms. Taylor responding no, they were following the process; but when they got word the hearing would not be until December 18, 2002, she wondered if there was any recourse. Mr. Knox stated the easiest solution would be to purchase ten feet from the abutting property owner. Ms. Busacca stated Mr. Washburn spoke to the original property owners; they are out of the country right now; but they are willing to work with Ms. Taylor to try and resolve this issue. Ms. Taylor stated they worked with the owners and engineer to get the severance plan and variance request.

Commissioner Higgs inquired if they could lese ten feet; with Commissioner O'Brien responding no, because the lease has to be perpetual. Chairman Scarborough inquired if they could do something temporarily contingent upon the ten feet being deeded to them with the provision it will be rendered null and voice if it is not part of the record; with Mr. Knox responding typically temporary certificates of occupancy are issued for a plan that meets most of the conditions, but they have not met one technical thing. Chairman Scarborough inquired if it is ten feet from property owned by the sellers; with Ms. Taylor responding it abuts the ABC parking lot. Mr. Knox inquired if they approached the abutting property owner to see if they can get ten feet from them; with Ms. Taylor responding if they have the variance, they will be able to operate under it. Commissioner Higgs stated that does not do them any good today; and inquired if she talked to the abutting property owners to see if she could get ten feet. Ms. Taylor inquired if they would let her use the ten feet; with Mr. Knox responding, she may have to buy it from them. Ms. Taylor stated she has not, but it may take longer than the variance hearing. She stated the certificate of occupancy (CO) was done in September 2000 for the entire building; but it is the occupational license that they are trying to obtain. Commissioner Higgs suggested the County Attorney and County staff work with Ms. Taylor to find a solution and after the organizational meeting on Tuesday night, if there is any way the Board could entertain some proposal, it could consider that, because it is not a simple task and cannot be solved today. She inquired if anyone objected to that; with Chairman Scarborough and Commissioner Colon responding no. Commissioner Higgs stated that is what the Board needs to do because it cannot solve it today; and staff needs to talk to Mr. Northcutt regarding a temporary occupational license and what he can do for that.

Mr. Scott stated staff looked at this situation from many different ways; there are times when they cannot give the customer the answer they are looking for; and in looking at all the possible remedies, many times one remedy will translate to a problem for someone else. He stated this situation happens dozens of times a day; someone severs property illegally, sell it to unsuspecting buyers, and leaves the country so they are not able to remedy the issues in the time frame the new owners would wish; but the variance is in process; and they are coming up to the 30 day advertising which precludes it from being moved up. He stated they will look at it again and report back to the Board.

Commissioner Higgs suggested staff tell the Board what they have discarded as being impossible to do and what the Board can or cannot do as it looks at the options discarded. Ms. Busacca stated if Mr. Northcutt says a temporary occupational license can be issued, they are still going to come to the fact that it does not meet the requirements; so they will still need some waiver from the Board to issue approval that is not consistent with the Zoning Code. She stated if the Board can do that, they will ask Mr. Northcutt about a temporary license and may be able to resolve the problem tomorrow.

Commissioner O'Brien inquired how did the outparcel for Eyeglass World get approval; with Mr. Washburn responding it was a total site plan, and as long as that site plan stayed as one parcel, it conformed to the Zoning Code; but they severed it without going through the process, and even changed the use from professional to retail, which dictated the amount of parking spaces required. He stated when they severed the parcel it caused different setbacks; and if they left it all as one, they would have been fine. He suggested the Board direct staff to see if they can get Mr. Northcutt to issue a temporary occupational license for 90 days, subject to the determination of the Board of Adjustment; and if the Board of Adjustment says no, then they have to vacate the premises; but if it says yes, then they will be fine. Commissioner O'Brien stated to prevent this from happening in the future, the next time a CO i9s issued for a situation similar to this one anywhere in the County, it needs to put a restriction on it to prevent severance of property that is illegal. Mr. Washburn stated anybody can sell anything they want to and staff does not have the authority to stop them. Commissioner O'Brien stated that is true, but the person who buys it has no recourse; and if there was a title encumbrance on it saying they cannot sever the property and sell an outparcel that does not conform to the Zoning Code, it would prevent this from happening in the future. Mr. Jenkins stated that would be cumbersome because they issue CO’s all day long. Commissioner O'Brien inquired if there is some way to do it through the Public Record that tells buyers the property was illegally severed. Mr. Scott stated he would believe that caveat is in the contract, but they do not find out until they enter the process; a classic caveat is, “this contract is being entered into assuming it is legal per local Ordinances”; and it is normally found in any warranty deed for purchase. He stated they cannot prevent illegal lots from being recorded with the Clerk of Courts; they are bound by different sections of the law; and it is not until they enter the County’s process that they find out they do not have everything in place. Commissioner O'Brien inquired if the seller or realtor have any liability for selling it that way; with Mr. Scott responding if the realtor knows it was illegally created, then that realtor has liability.

Mr. Knox inquired if the CO was issued for the business; with Ms. Taylor responding no, it was issued for the initial site plan and building in the name of the previous owners.

Commissioner Colon stated she is under the impression the folks who owned the land were knowledgeable of the Ordinances and process and should have known what they were doing; and it is unfortunate that Ms. Taylor is in this position. Ms. Taylor stated she does not believe they did it intentionally.

Chairman Scarborough stated he likes the way Mr. Washburn worded it; have staff talk to Mr. Northcutt about issuing a 90-day permit that could become permanent or terminated based on the Board of Adjustment’s action on December 18, 2002. Mr. Washburn noted it would be with the Board being knowledgeable it does not meet the setbacks and would be dependent on the Board of Adjustment granting the variance.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize staff to talk to Tax Collector Rod Northcutt about issuing a temporary occupational license for 90 days, with the understanding the property does not meet the setbacks and would be dependent on the Board of Adjustment granting the variance. Motion carried and ordered unanimously.

PUBLIC COMMENT - BEA POLK, RE: CONTRACTORS LICENSE FOR DOCKS

Bea Polk advised her son is trying to get a contractor’s license to build plastic docks; he went to the State and they were pleased with it, but he was refused a license because he has not been a contractor. She stated he has to be under a contractor for four years, but they exempted two years because he is a doctor. She stated he has been in plastics for 30 years; no one has ever built a plastic dock except them; but they have to have a contractor’s license to have a business in this County. She stated they spent thousands of dollars to get the business in the County, yet they were refused the opening of a new dock business because he cannot take the State license test; and inquired how many other counties have that kind of Ordinance and how many other contractors have been licensed since it went into effect. She stated her son asked if he went under a contractor for two years would he be able to have his license; and not unless they want him to have it, he would still not get his license, so Brevard County will lose the business and it will go to another county. She inquired what can the Board do to change the Ordinance; it has changed or amended Ordinances many times; and inquired what process they would have to go through so he can take the State test. She stated the money was sent to the County months ago; and inquired if he goes under a contractor building wooden docks for two years will that qualify him to build plastic docks because there is no one building them in the United States. She stated he has the technology and knows how to build them; all they need is a license to have a business in Brevard County; and inquired what can the Board do to get her son to take the State license test.

Commissioner Colon inquired if this is within the Board’s jurisdiction; with County Attorney Scott Knox responding what the Board has is a license Ms. Polk’s son applied which fits into the general area of what he is trying to do, but does not address the technology that he has developed; so what he applied for he did not quality for because he did not have the experience. He stated what he is trying to do is somewhat different than what a normal contractor would do; so it is a situation that is not covered by the Ordinance. County Manager Tom Jenkins advised the Board could amend the Ordinance to provide for this new technology and installation of it. Mr. Knox stated the Board could amend the Ordinance to provide for new technology in general, so if it does not fit into a category, the Licensing Board can look at it from a different perspective. Commissioner Colon suggested the amendment come back to the Board so it can look at the wording. Mr. Jenkins stated it would be better to change the requirement because the kind of construction addressed in the Code is totally different than what he is proposing and it does not require the same skills or experience because it is an entirely different application. Commissioner Higgs suggested the ordinance come back to the Board so it can look at it.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to direct staff to return with recommendations on amending the Contractors Licensing Ordinance to provide for building of plastic docks. Motion carried and ordered unanimously.

REPORT, RE: LETTER FROM JAY SCHENCK, TICO AIRPORT AUTHORITY

Commissioner Carlson advised she received a letter from Jay Schenck, Immediate Pat Chairman of TiCo Airport Authority, regarding Executive Director Dave Edwards sending a letter to Governor Bush and the question if he had the authority to do that. She stated Mr. Schenck’s letter said he did not need the authority; and presented copies of the letter to each Commissioner.

REMEMBERANCE, RE: RON BRIGHT

Planning and Zoning Director Mel Scott thanked the Board for allowing him a few moments of the televised meeting to remember a special co-worker who passed away this weekend. He stated Ron Bright, after a valiant year-long battle with cancer, joined our Heavenly Father on Saturday afternoon; Ron was a vibrant fun-loving 50 years young; and his youthful exuberance towards life was never more evident than when a conversation with him would turn to surfing. He stated Ron loved the ocean and celebrated it each and every time he was on a wave that was lucky enough to have him on top of it; when not surfing Ron was building a 30-year legacy of public service, both in the Public Safety Department and with the Planning and Zoning Office; and his co-workers were honored to have known him. Mr. Scott advised Ron possessed a true desire to serve those in need both in the professional arena and his personal life; and in keeping with his namesake, he could always be counted on to brighten anyone’s day. He stated he is survived by a brother and father; he also saw his co-workers as an extension of his family; and they in turn considered him to be part of their families. He Stated Ron B brought to their office an endless supply of sunshine and good will; and they will miss him dearly, but they will not forget him. He advised his service will be on Sunday at 2:00 p.m. at the Wiley Baxley Funeral Home at 1200 U.S. 1 in Rockledge; and stated may his spirit be blessed.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 4:53 p.m.

ATTEST: __________________________________
TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
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SCOTT ELLIS, CLERK

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