May 18, 2004

The Board of County Commissioners of Brevard County, Florida, met in regular session on May 18, 2004, at 9:00 a.m. in the Government Center Commission Room, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chair Nancy Higgs, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Father Joe McDowell of Links of Hope in Cocoa, Florida.

Commissioner Ron Pritchard led the assembly in the Pledge of Allegiance.

APPROVAL, RE: MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve the Minutes of February 26, 2004 Special Meeting and March 2, 2004 Regular Meeting. Motion carried and ordered unanimously.

REPORT, RE: WITHDRAWAL OF CONSENT AGENDA ITEM

County Manager Tom Jenkins requested Item III.A.11., Final Plat Approval, Re: The Preserve at Longleaf, be withdrawn from the Agenda.

The Board by consensus withdrew Item III.A.11 from the Agenda.

REPORT, RE: LETTER TO GOVERNOR BUSH

County Manager Tom Jenkins requested authorization for the Chair to sign a letter to Governor Bush requesting his support of funding for the Juvenile Assessment Center.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize the Chair to sign a letter to Governor Bush urging his support of $500,000 for the Juvenile Assessment Center. Motion carried and ordered unanimously.

REPORT, RE: CONTINUATION OF PUBLIC HEARING ON AMBULANCE ORDINANCE

County Manager Tom Jenkins requested the Board continue the public hearing on an ordinance pertaining to ambulance and emergency medical services.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to continue the public hearing on an ordinance amending Chapters 42-71 through 42-100, pertaining to ambulance and emergency medical services to the May 25, 2004 Board of County Commissioners meeting. Motion carried and ordered unanimously.

REPORT, RE: EXECUTIVE SESSION ON BLASKY AND MARKHAM CASES

County Attorney Scott Knox requested permission to schedule an executive session to discuss the Blasky and Markham cases.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize the County Attorney to advertise and schedule an executive session for May 20, 2004 at 4:45 p.m. to discuss strategy relating to the Blasky and Markham cases. Motion carried and ordered unanimously.

REPORT, RE: BRAC EFFORTS

Commissioner Pritchard advised Lynda Weatherman or Randy Harris, representing the Space Coast Defense Alliance, is going to give the Board a brief update on the situation with the Base Realignment and Closure (BRAC).

Randy Harris, Chairman of the Space Coast Defense Alliance, advised the Alliance is a committee of the Economic Development Commission; since 1996, its mission has been to address issues facing defense operations throughout the County and help secure military operations in Brevard County. He stated last year the Space Coast Defense Alliance developed a task force to focus on the 2005 BRAC; and the goals of the task force are to keep Brevard’s military installations off the BRAC list from the Pentagon, enhance and exploit opportunities for new missions to utilize the existing infrastructure, and promote the local military within the community and to the Congressional Delegation. He stated members of the BRAC task force include representatives from the State and federal Legislative Offices, County Government, Space Coast League of Cities, Brevard Business Leaders, Enterprise Florida, Military Affairs Council, and Multiple civilian and military organizations and retiree organizations. He requested the members of the task force who were present at the meeting to stand, and six members were present and recognized. Mr. Harris thanked the Board for the initial funding; stated its support and leadership allowed them to kick the process off and garner a great deal of support to move forward in the process; and one of its initiatives included supporting and beginning a public awareness campaign that has garnered a great deal of support. He stated the community has stepped up and has been joined by cash contributions and in-kind services from organizations like BAE Systems, Brevard Community College, bright house networks, Cape Canaveral Port Authority, Florida TODAY, Hilton Cocoa Beach Oceanfront, Lamar Advertising, and Waste Management. He stated in addition to the community support, the military has been tremendous and hosted a recent reception for the Admiral and military retiree days at Patrick Air Force Base. He advised Lynda Weatherman will advise the Board on what is going on in Washington, D.C. and the upcoming community leaders trip they have planned.

Economic Development Commission Executive Director Lynda Weatherman advised the Board heard on the news that the BRAC process may be delayed two years; the information is based on a recent vote from the House Arms Services Committee; the Committee vote enables the House to present a bill to the floor to delay the BRAC process to 2007; but the question is what is the likelihood of the bill being enacted. She stated according to the consultants from Washington, D.C. and the research and input from Congressional Offices, they know the House is taking up the Defense Authorization Bill for BRAC 2007 on Wednesday; if the bill to extend BRAC is successful in the House, a similar bill must be passed by the Senate; and historically the Senate has been adamant about conducting the BRAC in 2005. She stated there is an amendment to that bill offered by Congressman Kinney, a Republican from Minnesota, to strip the 07 date and bring it back to 05; so even within that bill they are trying to put an amendment in to bring it back to 2005. She stated there is a chance the bill may pass the House, but their sources indicate a Senate bill to extend BRAC may not or will not be successful. Ms. Weatherman stated regardless of the bill being passed to extend BRAC, they need to move ahead as planned and continue their efforts to keep the bases from being on any BRAC list; they need to continue in their strategy to identify missions capable of receivership in Brevard County; and identifying missions and opportunities for Brevard will only strengthen the community and total BRAC process. She stated the activities in-house are not delaying the current BRAC process; and the Department of Defense is moving ahead as scheduled. She stated significant activities to date are that on January 6, 2004, the Department of Defense requested commanders of installations in the United States, territories, and possessions to gather information about their installations; and formal data calls such as that are underway and satisfies the statutory obligations to treat all military installations equally and make its closure and realignment recommendations based solely upon certified data. Ms. Weatherman advised February 12 the final selection criteria for closing and realigning military installations were published; March 4, in a Defense Department Report, Donald Rumsfeld certified that, “the need exists for the closure or realignment of additional military installations and that additional rounds of closings and realignments would result in annual net savings for each of the military departments.” She stated military value will be the focus for the final selection criteria as well as joint use and transformation of the military; and those criteria will be used in the 2005 round of bases, which is different than in past rounds. She stated the final selection criteria are also based on factors such as potential cost savings, community support, and environmental considerations; the Space Coast Defense Alliance, which is the committee under the Economic Development Commission, has coordinated a community team to visit Washington June 21 through 23, 2004, which will provide an opportunity to demonstrate the strong community support in Brevard County; they will be provided with the opportunity to meet one-on-one with legislative leaders, and provide a briefing at the Pentagon to the Air Force and Navy personnel, and meet with Department of Homeland Security, Coast Guard, FEMA, and NASA to discuss opportunities for new missions to Brevard County. She stated they will attend a briefing hosted by Congressman Weldon; and team members participating in this important trip include representatives from the four Chambers, local municipalities, County Government, Commissioners Pritchard and Colon, and local business leaders. She stated she will be happy to provide the Board with an update when they return from Washington, D.C. and a briefing on the outcome of that meeting. Ms. Weatherman introduced J. B. Kump with Congressman Weldon’s office, to give input on their perspective. She stated it is important that they work closely together on this endeavor and she is pleased with the relationship they have. She stated it is very important in providing critical data they need so they can respond accordingly to the very fluid mission that they have upon them.

J. B. Kump stated he is proud to represent the Congressman on the Space Coast Defense Alliance Committee; and thanked the Board for its support of the Committee’s efforts. He stated the vantage point that Congressman Weldon has across the spectrum of the United States as it pertains to BRAC suggests the community, the Board, and the State have done an excellent job in putting together a coalition to defend the Bases in Florida from cutbacks or changes, especially as it pertains to the Space Coast key installations. He stated the Board has a letter that Congressman Weldon, in conjunction with Congressman Feeney wrote on April 22 in light of the rumors about the changes to the BRAC process Ms. Weatherman alluded to; and the Congressmen thought it was important that the Board get an update on their point of view with regards to the process and the Board’s involvement in it. Mr. Kump advised an amendment to any DOD or other appropriation goes through a rigorous cycle; it is unlikely they could predict at this point whether or not a delay would take place in the BRAC process; but what they need to know is that the BRAC process will continue at some point. He stated they have begun an important effort in the BRAC process now, which is the key to the livelihood of the Space Coast; and it is an opportunity to make Patrick Air Force Base a gaining installation to not only make sure it continues to be operationally critical to the mission of the American Forces, but that it increases in its importance and ability to defend the United States and make the American presence known. He stated the Board’s and State’s efforts are critical; the Space Coast Defense Alliance has done an excellent job in gaining a coalition and funds from a variety of sources so it does not depend entirely on the Board; and it is necessary to gain support, not only here, but in Washington, D.C. He stated both Congressmen Weldon and Feeney recommended the Space Coast Defense Alliance hire a firm in Washington to lobby on behalf of the Space Coast and the installations here; that process will require funding; the Congressmen, in their letter stated, which remains to be repeated in light of the rumored delays in the process, “The momentum of the Space Coast Defense Alliance must contribute and it must continue to be properly funded. We urge the Board to favorably consider another financial grant of no less than $75,000 in support of the Space Coast Defense Alliance this fiscal year.”

Randy Harris advised there has been a great deal of support and work put into the process; and the support they gain from the community is proof that the community does recognize the value of its military in Brevard County. He stated the staff of Economic Development Commission has accomplished this effort with no additions to its existing fulltime staff of nine personnel; and while they can use $75,000 and would not hesitate to accept it, they would ask the Board to consider a minimum of $25,000 to continue the effort and keep the ball rolling. He thanked the Board for its past support and its consideration.

Chair Higgs thanked Ms. Weatherman, Mr. Kump and Mr. Harris for being here and for all the work they have done.

Commissioner Pritchard stated everyone realizes the importance of Patrick Air Force Base; it goes without saying it is a vital component to the community; and it is a billion-dollar industry and covers the vast majority of people who retire to Brevard County, many of whom are military. He stated the initiative started last year with an input of $15,000; that is what got the ball rolling; the return on investment far exceeds the amount of money contributed and the amount he will propose today; and the Board needs to take the initiative to continue its leadership position. He encouraged the Board to go along with Mr. Harris’ request for an additional $25,000.

Commissioner Colon inquired how closely is the Board’s federal lobbyist working in regards to this issue; with County Manager Tom Jenkins responding to the best of his knowledge, Mr. Pauley has worked with them in the past and is available; and he suggested Mr. Pauley participate with them during their trip to Washington, D.C. He noted he is participating fairly extensively.

Commissioner Carlson inquired if Mr. Pauley is going to be working in Washington on the issue, is it an additional lobbying effort working with him or some other lobbyists; with Mr. Kump responding the cooperative effort of the two individuals will be required; one individual is acting on behalf of the County on a variety of issues; and one firm is focused specifically on the BRAC issues, not just on protecting the Base, but on increasing the scope of that Base. He stated that requires day-to-day efforts; and he is not sure it is appropriate to ask Mr. Pauley to do that; but he multiplies the voices that are heard in Washington, D.C.

Ms. Weatherman stated Mr. Pauley interfaces strongly with Senator Waters, which is important in the BRAC process; it requires specialized knowledge; and that is why Economic Development Commission and Space Coast Defense Alliance decided to go with a specialized firm. She stated the people working closely with the firm have seven past BRAC commissions; there are people doing data collection, a retired Lt. General who did the analysis and actually closed bases; and they can and have worked closely with Mr. Pauley on the macro issues particularly through Senator Waters Office. Ms. Weatherman stated the company specializes in the esoteric knowledge needed and interfaces with the Pentagon particularly in identifying military missions that are critical for future development and the capabilities in Patrick Air Force Base. She stated they might have air coverage through Mr. Pauley looking at the macro issues, but they also need the ground coverage, which is critical; and that is what they are doing.

Commissioner Colon stated the Admiral hired by the Governor to oversee issues was the former commander of the Atlantic fleet; he wanted the Board to focus on the military value of the community and to stay focused; and he is not interested in just how wonderful they are on the Space Coast but the military rally of the Base. She stated something Mr. Kump mentioned was to add to what they have here; some things mentioned were homeland security; and there were other examples of having future tenants come to Brevard County and make it their home. She noted those are things they are talking about, not just the military value.

Ms. Weatherman stated it is one of receivership and not just preserving the Base; it is the most fundamental thing they want to accomplish; but they want to take it beyond that cause. She stated it is a twelve-month process; May 16, 2005 is when the list will come out; and when the list comes out and they are not on the list, they will know where the chips are falling and where they can do their work. She stated their process right now is receivership and to do the homework on behalf of the Pentagon so they can make the argument about missions they consider critical, perhaps South Korea, perhaps another area; and that is where the experts come in. She stated they can say that is what they think when they look at transformation and joint use; the receivership strategy works at Patrick Air Force Base and they can be the future of the military installations; and that requires the esoteric knowledge of military capabilities, understanding the flight line, and the ability of what they can absorb at Patrick Air Force Base and the Cape.

Commissioner Carlson stated she agrees fully and thinks they have the strategic aspect of things going and the tactical aspects is what they are talking about, the ground troops trying to make sure they get the point across. She stated it sounds like they have it in place and it is happening; so she does not have a problem seconding the motion for $25,000 and is sure they will bring back updates on how they are doing on the tactical side as well as strategic side. Ms. Weatherman stated they want to make sure there is coordination and communication going throughout from the Space Coast Defense Alliance to the County Commission; and they will also give their reports on a quarterly basis if the Board desires.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve $25,000 for the Space Coast Defense Alliance to continue the process relating to BRAC.

Chair Higgs inquired where are the funds coming from; with Mr. Jenkins responding the only place is the General Fund Contingency, which has a balance of $176,000. Chair Higgs stated she will vote against the motion because it should be part of the budgetary discussions and should have been a regular agenda item and not under reports.

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

REPORT, RE: LEGISLATIVE DELEGATION CHAIR BOB ALLEN’S POST LEGISLATIVE
BRIEFING

Chair Higgs advised Chairman of the Legislative Delegation Bob Allen is here to update the Board on the session; and the Board is pleased to have him.

Representative Bob Allen advised it is a pleasure to be home after a 60-day session and prior to that 90 days of committee meetings, which felt like sessions. He stated it is good to come back to the place he represents; Senator Posey’s staff is here to help the Board if it has questions about Senate actions; and they are pleased to be here as a representative group of the
delegation. He stated this year they worked hard, achieved their goals for Brevard County, and moved the peg forward; unfortunately there were some things left on the table that got canceled with the time clock running out; and it was a shame for some of them. He stated while it was not a total success, they came out well; the first item they did was what they were sent up there for; and that is to approve the State budget. Representative Allen stated the State’s budget is approaching $58 billion, which is more than last year; Florida has a balanced budget amendment and has to operate in a correct fashion and keep in balance; it has a Constitutional requirement to do that; the revenue has increased despite economic fits and starts; and they have continued to improve the economy and the revenue source for Florida’s government. He stated it is important to note because some states like Tennessee, New Jersey, and California have huge deficits; and Florida has not gone into a deficit and has been able to manage its amounts within its means without raising taxes. He noted it also provides tax incentives and tax cuts to keep the economy stimulated and leads the nation in many respects; and the $58 billion is almost 7% more than last year. Representative Allen advised $21 billion was put towards health and human services, which is growing; every business is facing that; it costs $200 million of new dollars just for State employees for health care insurance; and in-house and out of house they are trying to help the system maintain itself under health care that was a challenge, but they met that challenge. He stated $18 billion was put into education; in the last four years they put a billion dollars a year into education; and they were able to put new monies into education, which is always a challenge because it is never enough. He stated they are headed in the right direction by increasing it to a record $18 billion this year; and he will explain the perspective later. He stated he hates to throw out a bunch of numbers, but since it is the budget, it is important to see the realm of how that $58 billion went out. He stated $9 billion went to transportation and economic development; that is key because what they are going to talk about in a little bit is a transportation issue that he has; and the other $3.1 billion went to Public Safety in that there were increases in homeland security. He stated the County, State, and others had to lead the way on something new that none of the governments wanted to have to do, and that is homeland security expenses because of the threat of terrorism; Florida has changed its way of doing business; it now has gamma ray inspect trucks as they go through the truck, inspection stage; it is very expensive equipment and requires extra skills; and they track and manifest all the different trucks that move through the area when they go through Department of Transportation checkpoints to make sure they are delivering what they say they are delivering. He stated the ports have extra security; airports have extra security that the State has to match for federal dollars; so all those new expenses have been incorporated in the $58 billion budget. He stated without having to raise a lot of taxes, the State still has a strong revenue stream and was able to maintain a whole new set of expenditures that it did not look forward to; but its primary responsibility is safety of the citizens. He stated a billion dollars was put towards Article V, the Constitutional Amendment that requires the State to take over the expenditures of the court system from local governments. He stated the first thing the State did was take all the fees local governments were collecting and sent them to Tallahassee, so it does not feel like a big windfall to local governments; but as they continue to plan on circuit and local courts and juvenile justice issues, they are going to require funding by the State; and that process has begun in earnest with $1 billion going in that direction. Representative Allen advised there is good news particularly on education; for years there has been a formula that even rocket scientists had to go back to their math books when they looked at the education formula; and it is an amazing formula they put together to give equal opportunity, equal facilities, and equal everything to every county in the State. Representative Allen advised there are all kinds of divisions and multipliers they go through; it is called a district cost differential; and how it works is the big counties like Miami-Dade, Palm Beach, and Broward that have massive demands but did not choose to spend monies on their schools got large amounts of State funds. He stated the poorer counties like Levy, Gilchrist, and other smaller counties, where one mill is about $12,000 that could not keep up with building school buildings and paying teachers, got money so that their students would have modern classrooms with qualified teachers; the money flowed into those two extremes and the middle counties, Orange, Brevard, and others, would find themselves going it alone without a lot of money from the State on the differential equation; so for years there was discrimination so to speak of tax dollars from Brevard County and other middle counties not getting their fair share. He stated this year the politics changed and they were able to change the formula; they were able to start providing tools in the legislative process and in the Florida Statutes for the larger counties to start taking care of themselves better but the smaller counties would still have to be carried because they have no people or economic base to sustain themselves. He stated they started mixing the formula differently to where they started sending money to the needed middle counties that were going it alone; the district cost differential has changed; and it is almost $2 million every year and growing that will now come to Brevard County because of that, which is a good sign. He stated Orange County will get $8 million in new dollars; Duval, as large as it is, is considered a middle county; that is where the Senate President is from; and that helped break the log jam about the new formula. He stated he held out until the end; and Dade, Palm Beach, and Broward delegations were not eager to go home and say they lost $20-plus million. He advised there are some provisions in the Florida Statutes to allow that to wean off instead of cold turkey cut in the first year, so they are blending it back; and Brevard County will be one of the winners. Representative Allen stated it has been a long fight; when Senator Posey was Representative Posey, he was always attacking that formula as being unfair; they have finally come around; it was a long time coming; and they are glad to see it happen. He stated in the area of education, there is a class size amendment that requires them as a priority to look at it before they look at all other education issues; it is in the Constitution; the Constitution says they shall do the class size and shall do it a certain way; there are some real iron template problems with that because it makes a one size fits all decision on every county spending; and they did all they could to implement language and try to maneuver around to allow some districts like Brevard, if it met the size goals, to use that money for other things that it needed. He stated he thinks they have been able to exercise that kind of flexibility to the maximum; $978 million dollars was put in for class size reduction; that is a $510 million increase from last year; and with that kind of requirement right off the top, one can imagine how tough it was for them to consider the rest of the budget. Representative Allen advised there are a lot of people who want to look at that Amendment and adjust it, maybe through the earlier years of K through 3 or K through 8 experiencing adjustments; and that is where they are looking at. He stated the community college system has taken it on the chin for years while others got funded; and they were able to put $54 million for them even though they needed $84 million to catch up on everything. He stated in Brevard County with University of Central Florida, they have a unique feature called “2 + 2,” two years at Brevard Community College and two years at the University; that has been adopted Statewide; but the facility sharing has not been adopted Statewide like it has in Brevard County. He noted that seems to be a trend that community colleges are going to start offering access to baccalaureate degrees; so the Board will start seeing universities in partnerships in the 2 + 2 plan. He stated it is a huge savings; and they are proud that it started in Brevard County.

Representative Allen advised health care is constantly growing in cost; they passed a major prescription drug plan to mirror what they think is coming down in the federal plan to allow people to have their prescription drugs; and in that issue, Brevard County has many senior citizens who are recipients. He stated they were also able to make coverage for the healthy kids and needy children area; North Brevard needed an assisted facility for Alzheimer’s patients; that got in the budget; and he is glad to be here before the Governor does his budget review so they can work together on all the Brevard projects to make sure they stay in the budget so that his veto does not strike them.

Representative Allen advised in the area of economic development, he was pleased that he got to follow the BRAC presentation; that is a success story in Brevard County; he Chaired the National Defense and Space-related Economic Development Committee in the Florida House; and in that regard, he got to tour the entire State and listen to every community’s BRAC proposals. He stated it is not because he is hometown, but Brevard County not only put on the sizzle, but put on the substance with the base realignment and closure (BRAC) process; most of the other areas had the Chambers come out and everyone said how much they loved their bases; they had a great luncheon and looked at the bases; and that was about it. He stated the diagramming of the economic impacts, spinoffs, and joint use issues that the Space Coast Defense Alliance in Brevard County did, along with already starting the marketing of the community to get behind it with the support of the military and brighthouse and all the other things the Board is seeing happen, were well ahead of any other community, which gave it a good leg up in the exercise of going after funds. He stated he was able to deliver $85,000 and $100,000 plus checks to the effort through the Committee in Enterprise Florida; and the only way he could justify getting away with that political patronage was to be able to show the group had their act together. He noted the slight delay only gives Brevard County a chance to improve its case even better and to continue to focus on the assets it has; the key to that system is that it is selling Florida in the BRAC process; it is not just defending Florida, it is selling Florida; and they are going out proactively and looking at overseas bases and functions that the Defense Department will decide to restructure and see what they can recruit in the different Florida areas. He stated when the Viequez incident in Puerto Rico occurred, Florida was able to grab it; it has the Southern and Central Commands; and it has great capacity at Patrick Air Force Base, which is not overly utilized as an Air Force landing strip. He stated that is where the County may have some problems; but it is an excellent facility for joint uses that are happening and the new missions that the President has listed on the Space Program. He stated the Governor and Legislature grabbed hold of President Bush’s new challenge to the division of going back to the moon, establishing a presence, and using that as a base to move on to Mars and other explorations. He stated they put over $2.9 million, which is an extra $1.3 million into the budget for Space Economic Development, which primarily affects the Brevard County area; when they are in Tallahassee, they talk about how it affects the whole State; and when they are home, they can say it starts here and is a great thing to have funded. Representative Allen advised that program, along with the new orientation of the $30 million State facility known as the Life Science Laboratory, will give Brevard County the synergy to build the high-wage high-tax capability without having to grow a huge amount of service industry employees, which tax the system without giving the County revenue; so it is the right way to go forward with Spaceport Development; and they are going to continue to push it.

Representative Allen advised the last area he wants to cover is transportation; the Max Brewer Bridge has closed down because the County is responsible until it completes the transition, to maintain it and keep it from falling into the water; it is #4 on the list of hundreds of needed repair projects; and thanks to Bob Kamm, Commissioner Scarborough, Congressman Feeney, and State officials, they finally see the decision to move the bridge to State ownership. He stated they brought the Transportation Committee to the area; there is $3 million in the State budget under bridges dedicated to the Max Brewer Bridge; and Congressmen Weldon and Feeney were able to get money on the federal level; so they are off to the races in doing that downtown redevelopment waterfront project that will also have a beautiful bridge and help Kennedy Space Center with a vital link. He stated with gas prices the way they are and people having to drive an extra 20 plus miles to get to the Space Center, people are realizing how important the bridge is; and it is going forward due to local, State and federal efforts that came together on that project. He noted that is a good example of how cooperation really works.

Representative Allen advised regarding the high speed rail, they are collecting Constitutional Amendment petitions circulated by Governor Bush and CFO Tom Gallagher and other citizen groups in the State to make sure it is on the ballot in November to look toward repeal of that Amendment. He stated Universal Studios and Orange County Convention Center put money in to collect the signatures because they are on a tight schedule to get those signatures in; and Anheiser Busch’s Chairman August Busch earlier communicated with the Governor and him about the whole process of how the train was going to bypass and damage the ability of Tampa’s Sea World and Busch Gardens and other tourist connections even though it is supposed to be touted as a tourist transportation system. He stated Mr. Busch commissioned his own study at his own expense and found there is an 11 to 1 ratio of completing the Department of Transportation plans for I-4 between Tampa and Orlando; there is an 11 to 1 benefit in going forward with that cost-wise as opposed to building the train; and they appreciate Anheiser Busch stepping up and funding that. He stated with the Governor, CFO, and citizens looking at it, they think they can get it on the ballot; and all they are asking for is the chance for voters to say now that they know the cost, which is $30 billion, they would like the chance to vote on it again. He stated it is more than an issue to watch from the stands; it is going to directly affect Brevard County; the Governor and Secretary of Transportation came out with the hit list of roads that would be removed or delayed way off in the Work Program of being able to be built because of Phase I of the train; and he would encourage the Board to strongly look at that because it has the three-laning of I-95 in Brevard County being removed from the list of projects. Representative Allen advised when Toni Jennings was President of the Senate, there was a move to accelerate Mobility 2000 for a lot of projects in the State by moving State money onto the table faster so that the federal match and work program could be matched; the goal was to move I-95 from 2011 to 2007, making it safer with a third lane, both for commerce and citizens as they move up and down the East Coast; that was successful; then along came the train in 2000; the train budget ate State money with a constitutional priority; and it comes in because it is in the Constitution along with freedom of speech, right to worship, peaceful assembly, build the train, and save a pig, which is getting ridiculous. He stated with that constitutional badge it will go into the State budget and eat first in transportation, and when they cannot get it out of there, it will move to health care, schools, wherever it can go because it has a constitutional mandate; and if it gets that far, the Board is looking at I-95 being hit. He encouraged the Board to look at the petition because of the effect it will have on I-95. Representative Allen advised the County’s Legislative Coordinator gave out regular tracking documents on all the different Senate bills, community budget requests, etc.; the Board can see where they fit into the process; he is happy to answer questions about any of those, school funding, etc.; and appreciates the Board letting him take its valuable time to give it an update.

Chair Higgs thanked Representative Allen for taking time from his busy schedule to be with the Board today.

Commissioner Colon stated the Board appreciates the work that the Delegation is doing on behalf of Brevard County; it is championing a lot of the County’s issues; one thing she mentioned is in regard to schools; and she is looking forward to September when they will have another summit and have folks at the table interested in not finger-pointing, but coming together in a partnership to see what wonderful things they can do for the community. She stated even though Florida TODAY would like to put people at odds in regards to some of the controversy, she is looking forward to leaving the summit feeling the sense of unity, which is crucial to move forward with schools in the community. She stated she would like to get feedback from Assistant County Manager Don Lusk regarding Medicaid; it has been a real concern; and inquired if Mr. Lusk could find out where the County comes in and the dollars it is looking at that are missing.

Assistant County Manager Don Lusk advised a lot of discussion about Medicaid and how it fits with the counties, etc. have taken place in Tallahassee; the last time he checked, nothing new has happened in this session that would affect Brevard County; however, it has the continuing problem of the rise in health care cost and the fact that the current formula still allows the County to pay a large portion of that. He stated last year the County paid $800,000 more than it planned on paying; this year it looks like it could be around $200,000; but they are not sure until they get their next set of bills in, but it has a large impact on the County.

Commissioner Colon stated $200,000 might not sound like a lot when dealing with a $58 billion budget; but in Brevard County those kinds of hits are difficult because the Board is faced with expenses of Article V that the State is not going to pay. She stated they need to be careful about what they wish for; municipalities and the County were looking forward to Article V; and when it became a reality, there were groups and organizations critical about it. She stated a lady asked the County to give her $55,000 so she could help folks in the community who are not
paying child support to facilitate that; and some of her concerns are $55,000 here and $200,000 there, and all those things that add up. She stated she wants to make sure there is good communication and to keep the Delegation in the loop because those kinds of hits are tremendous to the County.

Representative Allen advised Senator Tom Lee is the incoming President of the Senate and Representative Allan Bense is the incoming Speaker of the House; both are pragmatic business people; and they are tough on the way they want to look at the new budgets of Florida. Senator Lee and Representative Bense agree they need to take the blinders off and look at a five-year budget scenario; that is important because it looks at revenue hits and how to plan for them instead of every year being surprised; and it also defines the argument they have in Tallahassee of what is recurring and non-recurring dollars and expenses. He stated recurring expenses are ever-growing Medicaid and medical costs; as State partners with the federal Government on legislation, they look at the five-year budget; and he would encourage the Board to work together with the Delegation on local issues to make sure they are accommodated in that equation. He noted that is the only way to survive and get some remedies; and some kind of philosophy of looking at the budget will help. He stated documentary stamp money came into Florida at record levels and keeps coming into Florida because of the real estate and home buying issues that have happened all over the State; it has happened so many years in a row that some people want to say it is wonderful enough to call it recurring; it is not just a surprise every year; but the Senate and some others held firm and said no, it is not recurring, it is phenomenal and wonderful, but it is not recurring to bank on like the sales tax where they can almost plot an economic model on; and those are the decisions they have to make sure they keep in check. Representative Allen stated he hates controversy and feel it every moment; but Dr. DiPatri gave all the members of the Delegation a call thanking them for the work on the difficult cost formula and the actual extra dollars they were able to win for education this year; it was a positive exchange about the way they were doing the revenue; and he does not believe it was just because they brought in more money that he turned nice, but he actually saw that the Legislative Delegation was working for the best interest of educational funding. He stated the summit in September will be positive and it will be hard to find any acrimony.

Commissioner Carlson thanked Representative Allen for coming to the meeting and for his letter on the issues of the additional $25,000 exemption. She stated Mr. Jenkins brought to the Board’s attention the petition drive for the additional homestead exemption; she is not for or against it at this point because she does not have enough information on how the Legislature or the County would be able to deal with a $20 million hit, which is what that is proposed to be; but she appreciates his comments on the potential shift of the tax burden from the homeowner to the sales tax. She stated how that would happen she does not know; and inquired how would they get all the minds in Tallahassee to believe there is a way to do it that would not hurt the local communities. She stated she would like to talk to Representative Allen about some of those issues to get a better grasp on it, and appreciates him bringing it forward.

Representative Allen advised the reason he gave the Board that letter is to show that there is a very proactive interest out there, mainly in South Florida, to pass the amendment; he believes it
will pass; when it does, it will have an impact on government that needs to be looked at; unfortunately the advertising that was done by that group about his supporting the concept of tax relief for property owners did not tell the whole story; and that is the shift of the sales tax issue. Representative Allen stated it is important that the State does not leave the County baking in the sun with an immediate formula that triggers the TRIM process to try and up the tax rate of all those left on the tax rolls. He stated every Constitutional Amendment requires legislation to implement the right Florida Statute; and it is there where the Board will see the Legislature working with it and the League of Cities and County Associations and the like to make sure the shift is not to the County but to the sales tax where they show great benefits coming when people have $2 billion every year in their pockets to spend in the economy. He stated right after 9/11 the State accelerated monies into the economy along with some federal grants for about a billion dollars to try and protect Florida during the 9/11 slump; they have evidence that the economy reacted positively; and that is why the State has the budgets it has today and why it continues to grow strongly. He stated with $2 billion from the taxpayers putting it into banks or spending it, the impact on the sales tax should bring in a new style of building revenue. He stated when President John F. Kennedy cut taxes and when President Ronald Reagan cut taxes, they saw new revenue and increase in revenue to government; that is the way this will start heading; but it will be very unfair for the State to have a windfall sales tax revenue and not restructure the formula to include more sales tax sharing to local governments and leaving the counties holding the bag. Commissioner Carlson inquired how is the petition drive going and is it likely to become a ballot initiative; with Representative Allen responding he believes 380,000 people have hit the website and sent in petitions; people have been going to a website, finding it, filling it out, and mailing it in; and they are only about 100,000 petitions short. He stated normally they would have to pay $1.00 or $1.50 a head for professionals to stand in front of post offices and get people to sign petitions; this is different, it is coming in; and he is afraid that if it is coming, they need to prepare for it legislatively.

Commissioner Pritchard stated there were folks in Cocoa Village over the weekend collecting signatures for it; and the concern he has is the reduction in the amount of money and whether or not anything would be forthcoming from the State in terms of a higher percentage of sales tax. He stated his concern is the bait and switch tactic; the specialty license plates and lottery monies were supposed to go for certain things; they filtered off into other directions; and he can see that happening with this issue. He stated his concern is that the continued revenue stream would come from the State but it may come to an end regarding the additional homestead exemption and the County would be hard pressed to provide necessary services. He suggested the Delegation keep its nose close to the grindstone on that.

Representative Allen stated that is one issue they will keep a close watch on; it is a threat they need to prepare for now; and in the end it will work out because property owners have seen a 85% increase in value of property. He stated if it was not for the Save Our Home caps, it would have blown people out of their homes completely; the revenue is coming in; and he hopes they can make that shift Statewide. He stated 25% of the sales tax Statewide is paid by visitors; in Orange County it is about 40%; so they are looking to see if that shift will happen; and they need to diligently bond together and force a legislative law to implement that kind of change to where the Counties get their guaranteed share of the revenue or it will have problems. Commissioner Scarborough thanked Representative Allen and the Delegation for their efforts during these difficult times; stated issues are not getting easier; and Brevard County has a great team in Tallahassee. He stated the Board also appreciates his leadership. Representative Allen stated they have a great legislative crew that works hard; and he will pass on the compliment to them.

Chair Higgs thanked Representative Allen for being here and expressed appreciation for all the work the Delegation does on behalf of the citizens of Brevard County.

REPORT, RE: STAR WITH TEENS PROGRAM

Commissioner Carlson advised Mary Wilson is here from STAR with Teens Program to say a few words about the program; and they have a display set up in the lobby that people can visit.

Mary Wilson, representing STAR with Teens advised STAR stands for “striving to achieve results” with teens; it is a nonprofit 501c(3) organization; and it was founded two years ago in August. She stated they work with high school teenagers and train them on mural painting; they arm them with paint and a canvas, and try to make a difference in the lives of those teens through their murals; and they did nine murals, two alumni projects, and five fund-raising events that often included painting as well. She stated STAR’s mission is to achieve positive results from teenagers by utilizing mural painting as an instructional tool; its goal is to assist teens in boosting their self-esteem, introducing them to practical business skills and presentation skills, strengthening the concepts of responsibility, integrity, and team work; providing a safe and creative outlet for their self-expression, encouraging careers in the arts, and enhancing the environment with their finished art work. She stated what they find with every project is that the teens are always in awe with their finished pieces and cannot believe they painted them; and it is a neat thing to see them be so proud in making a difference with their community service hours. Ms. Wilson advised each project is broken down into five phases; the projects take about two months; the first day is locating a site or canvas as they call the site, locating the teens, and approving the designs; then training on painting tools and the mural and preparing the wall; the fourth phase is painting the mural; and the fifth phase is the celebration of the completed project and the unveiling. She stated some of the Commissioners received emails and were informed of some of the unveilings they have done around the County; they try and introduce goal setting to the youth, but they miss out on that in the education system as far as networking and giving to the community; they strive to talk to them about networking with people who have donated to the organization, the County, and all the volunteers, telling them when they are going out to connect with those people because of how important networking is; and they could focus on that more with teens in all areas. She stated they receive community service hours; the volunteers often get so much back in return for helping with the organization; it is interesting to hear them say when they first come on board and start helping from an artist’s standpoint, cleaning brushes, making phone calls, or fund raising, “wow, you are reaching a different set of teens than what most are”; so it is interesting to see the type of teens they are reaching. She noted they are not the ones in the sports or scholarships or student government; they are the middle of the road teens, some are seeking community service hours for collect, and some were in trouble with the law; so there is a real diverse group of teens working together as a team. Ms. Wilson advised they have murals in The Haven, Suntree, YMCA, Surfside Playhouse, Heidi’s Antiques in downtown Melbourne, Merritt Square Mall Shop and Play, Oslo’s Medical Center Alumni Project, Asbury Arms Retirement Home, and two weeks ago they unveiled a mural at Peace Lutheran Preschool in Palm Bay. She stated they try and focus on getting from one end of the County to the other in about a year and a half; they have done many events; and it has been exciting. She stated in June they have Zoo Camp at the Brevard Zoo; they will be painting the new education facility and signing up teens for that; they hope to accomplish it by the end of the year; and they have Manatee Park pillars in downtown Melbourne, a school in Rockledge, and Brevard Community College Criminal Justice Building.

Chair Higgs thanked Ms. Wilson for her presentation.

REPORT, RE: CONGRATULATIONS TO GAY WILLIAMS

Commissioner Carlson advised the Child Care Association selected Housing and Human Services Director Gay Williams and the Health and Human Services Department as this year’s recipient of the Marjorie Olson Child Advocacy Award; the award is presented each year in memory of the Child Care Association’s founder Marjorie Olson to an individual or group that demonstrates distinguished services on behalf of children; and extended best wishes to Gay Williams and her group, noting they are unsung heroes.

REPORT, RE: LEADERSHIP BREVARD

Commissioner Carlson advised Kristin Bakke, President and CEO of Leadership Brevard, is here to give the Board a report on Brevard Tomorrow and some events that are taking place in the near future.

Kristin Bakke advised she is pleased to be here to give the Board a brief update on where Brevard Tomorrow is going and it seems it is part of the serendipity to move this morning from the federal, to the state, and to the local level. She stated she does not know if that was intentional, if so, it was a good job and well planned; more than 100 community volunteers have been hard at work for the last year creating a preferred future for Brevard County in the framework of Brevard Tomorrow initiative; copies of several of the documents she will refer to are in the package, including their new investors newsletter; and Mike Williams of M. H. Williams Construction has recently joined their group as an advocate. She stated they have five issue areas they are working on; it is very difficult to not work those because they are so interrelated; and they feel very strongly that they need to work on all five at the same time. She stated with their partner United Way of Brevard County, a citizens academy short course has been created under the Civic Infrastructure Work Group; two pilots were held; and the most recent was on May 4, 2004 with a live audience and real time in the City of Cape Canaveral. She shared a quote from one of the attendees as follows: “I attended the Citizens Academy in Cape Canaveral last week. It was an excellent program, a golden opportunity to promote all of Leadership Brevard programs, and it’s another good step to educate the community about what’s available and where to find what in terms of citizen engagement. Great P. R. job.” Ms. Bakke advised this week wraps up the last of 22 team interviews of participants in the economic development provider survey data collection; it is a survey created by the Economy Project Team under the guidance of Hank Kothron from the University of Florida; they identified 23 economic development organizations in Brevard County and asked them 26 questions; and the intent is to identify any gaps or overlaps in service provision and use the data to write a comprehensive seamless and coordinated economic development plan for Brevard County. She stated soon to be on the street is a related business survey to ask the business community to gauge how effective the economic development organizations are and what employers are looking for in the workforce of the future. She stated education and workforce has a survey in the public school system to sample 3,100 students and 700 teachers and administrators; and they are asking them to indicate any gaps between educator delivery of career and workforce education to students, and are they hearing what teachers are teaching. She stated the data will assist them in developing career curriculum for the public schools. She stated they have a group developing a parent education presentation because it is a threefold tree—parents, students, teachers and administrators; they will take the information into Brevard County businesses to reach parents and help them help their students to realize that it takes over $17,000 a year to be at a very basic standard of living; and thanked the public schools, teachers, administrators, and students for their participation, and their partner the Brevard Workforce Development Board. Ms. Bakke advised their Governance Project Team, in conjunction with the Florida Public Relations Association, is holding an immediate training workshop with a target audience of public information officers in the municipalities on June 10 that will feature Katherine Harwood, President of Harwood Media and former television reporter. She stated they want their public information officers to be better able to tell the stories of successes that they are all enjoying. She advised the Community Educators Credit Union has sponsored scholarships targeted directly to those public information officers; so except for their time on June 10 for half a day, there is no charge to the public information officers. Ms. Bakke stated Land Use and Growth is an effort to get to smart growth in Brevard County; the Space Coast Section of the Florida TODAY Newspaper has a copy of their getting to smart growth draft document principles; and they held their first community forum Monday on television so they could share the information with their viewing audience. She stated the document is also available on their website at www.brevardtomorrow.com under the What’s New section; and it represents the work of a 40-member committee comprised of volunteers both environmentalists and developers to address how they would best move forward in making decisions about the unprecedented growth that is a reality today in Brevard County. She stated it is not a no-growth plan, but a road map for managing growth they are experiencing; and encouraged the Board to read it. She stated Florida TODAY is hosting a community conversation at its venue tomorrow night from 7:00 to 8:30 p.m.; Jim Fletcher, University of Florida Extension, is making a presentation about land use and the work they have done with that Land Use and Growth Committee in the County this week at the Southern Community Development Educators Conference in Tampa; and in early June, she will be delivering a presentation about how leadership development organizations in a community can work with an initiative similar to Brevard County’s initiative, perhaps in another state or locale, and how they can effectively and organizationally assist with models like Brevard County’s model across the country. Ms. Bakke advised the Brevard Tomorrow website won a national award for one of the best websites in a competition offered through the National Community Leadership Association; and she will be accepting that award in June. She stated the second annual Community Celebration will be held on June 11 from 9:00 a.m. to 11:00 a.m. at the Cocoa Civic Center, a true community venue; they are pleased to have it; Lieutenant Governor Toni Jennings will be the keynote presenter; and Senior Management Leadership from Harris Corporation will facilitate her introduction to the community. She stated the public is invited and welcomed to attend the celebration.

Commissioner Carlson stated one cannot understate the amount of work that has gone into the process over the last couple of years, but especially last year in having all the community leaders come together for what they felt was an important aspect in the community; whether they were talking about the economy, education, workforce, land use and growth, or civic infrastructure it did not matter because they are all very vitally important; and as Ms. Bakke said, they need to work on all of them at the same time. She stated with that kind of effort and support through their leadership, and with getting additional public input into the process, there is a very good chance of making a huge success out of the program. She congratulated Leadership Brevard for the website merit on Brevard Tomorrow; stated it is a great accomplishment and a great website; and she hopes everyone checks it out. She thanked Ms. Bakke and everybody else who worked so hard on Leadership Brevard’s efforts.

REPORT, RE: SUPPORT THE TROOPS RALLY

Commissioner Colon advised a Support the Troops rally will be held on May 31 in Palm Bay at the Veterans Park; it is important for the community to show its support of the men and women who are sacrificing their lives to protect our freedom; and it is not asking a lot for the community to come out and show its support. She stated anyone wanting more information can call the City of Palm Bay. She requested folks bring their lawn chairs and tables; and noted yellow ribbons will be given out to attendees like the one she wears.

REPORT, RE: BAYSIDE HIGH SCHOOL GRADUATION

Commissioner Colon advised she attended the graduation ceremony at Bayside High School and was amazed at the number of young men and women who are joining the military. She stated it shows the courage of those young men and women who know where they are heading, but that is what they choose to do; and expressed appreciation to all the young men and women who have chosen to go into the military right after graduation and that God be with them.

RESOLUTION, RE: EXPRESSING APPRECIATION TO CLARENCE ROWE

Commissioner Scarborough advised Clarence Rowe is a fully involved citizen who has worked with the black community for many years to improve their quality of life. He read the resolution commending Mr. Rowe for his many years of community service.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution recognizing and commending Clarence Rowe for his many years of dedication and hard work for the citizens of Brevard County. Motion carried and ordered unanimously. (See page
for Resolution No. 04-094.)

Commissioner Scarborough presented the Resolution to Mr. Rowe, who expressed appreciation for being able to receive the Resolution. Chair Higgs stated she is glad Mr. Rowe is back; and Commissioner Pritchard noted he hopes he is living up to Mr. Rowe’s expectations.

RESOLUTIONS, RE: CONGRATULATING RETIRING TEACHERS IN DISTRICT 1

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolutions congratulating Kirk K. Stewart, David E. Mark, Jr., Linda B. Wittersheim, Patricia A. Cundiff, Grant K. Stiff, Nancy S. Barlett, Lanny J. Kern, Beverlee G. Stevens, Henry Fielding Hossley, Kay D. Stewart, Pam E. King, Gloria J. Moye, Sandra S. Thompson, James R. Conover, Jean B. Smith, John W. Osborne, and Dr. Michael L. Krupp for years of outstanding commitment to students of Brevard County and extending best wishes for an enjoyable retirement. Motion carried and ordered unanimously. (See pages for Resolutions No. 04-095.)

RESOLUTION, RE: RECOGNIZING EAGLE SCOUT EDWARD HONIKER

Commissioner Colon read aloud a resolution commending Edward Honiker for attaining the rank of Eagle Scout at the age of 12.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution recognizing Edward Honiker for being one of the youngest Scouts to attain the rank of Eagle Scout, and wishing him success in his future endeavors. Motion carried and ordered unanimously. (See page for Resolution No. 04-096.)

Commissioner Colon presented the Resolution to Mr. Honiker, who thanked the Board for the recognition.

RESOLUTION, RE: PROCLAIMING ASIAN/PACIFIC HERITAGE DAY

Commissioner Colon read aloud a resolution proclaiming May 22, 2004 as Asian/Pacific American Heritage Day in Brevard County, to recognize the history, concerns, contributions, and achievements of Asians and Pacific Americans.

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to adopt Resolution proclaiming May 22, 2004 as Asian/Pacific American Heritage Day in Brevard County. Motion carried and ordered unanimously. (See page for Resolution No. 04-097.)

A representative of the Space Coast Filipino-American Charitable and Educational Foundation, Inc. advised of the festivities planned on May 22, 2004 at F. Burton Smith Park, supported by FAABCO, NASA/Kennedy Space Center, and Patrick Air Force Base 45th Space Wing; the dignitaries who would be at the celebration; introduced representatives that were with him; recognized accomplishments of other Asian/Pacific Americans; and thanked the Board for the Resolution. Commissioner Colon presented the Resolution to the representative.

RESOLUTIONS, RE: PROCLAIMING EMERGENCY MEDICAL SERVICES WEEK,
EMERGENCY MEDICAL SERVICES FOR CHILDREN’S DAY, AND TRAUMA
AWARENESS DAY

Commissioner Pritchard read aloud Resolutions proclaiming Emergency Medical Services Week, Emergency Medical Services for Children’s Day and Trauma Awareness Day.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolutions proclaiming May 13-22, 2004 as Emergency Medical Services Week; May 19, 2004 as Emergency Medical Services for Children’s Day; and May 20, 2004 as Trauma Awareness Day in Brevard County; and expressing sincere appreciation to the dedicated individuals for their valuable service to the citizens of the community. Motion carried and ordered unanimously. (See pages for Resolutions Nos. 04-098 to 04-100.)

Commissioner Pritchard presented the Resolutions to Fire Chief Bill Farmer, who thanked the Board for its continued support; and advised of the activities planned for the week.

EMPLOYEE LONGEVITY RECOGNITION, RE: 25 AND 30-YEAR RECIPIENTS

County Manager Tom Jenkins advised this is an opportunity for the Board to recognize those employees who have achieved 25 and 30 years of service; and read reports on the accomplishments of each employee. He stated Sharon K. Dwyer and John W. Ingram with Library Services Department have achieved 30 years of service, and Harriet Raymond with Transportation Engineering Department also has achieved 30 years of service. Mr. Jenkins advised Kathryn A. Patterson with Human Resources Office, Thomas D. McDevitt with Public Safety Department, and Marjorie L. Seifert with Parks and Recreation Department have achieved 25 years of service; and advised of their accomplishments over the years.

Chair Higgs presented plaques to the six County employees who were recognized for their longevity and dedication to public service.

RESOLUTION, RE: RECOGNIZING MARIA PECORARO

Commissioner Colon read aloud a resolution recognizing Maria Pecoraro for attaining the Girl Scouts Gold Award.

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to adopt Resolution recognizing and commending Maria Pecoraro for attaining the Girl Scouts Gold Award and extending best wishes for a successful future. Motion carried and ordered unanimously. (See page for Resolution No. 04-101.)

Commissioner Colon presented the Resolution to Maria Pecoraro, who thanked the Board for the recognition; advised of her activities regarding youth; stated abuse needs to stop; and hands are for healing not hurting.

REPORT, RE: CONSENT AGENDA

Chair Higgs advised Items III.A.11, Final Plat Approval for The Preserve at Longleaf, was withdrawn by the County Manager, and Item III.C.3., Resolution and Infrastructure Reimbursement Agreement with Nancy Pilmonas for Construction of Sewer Main on North Courtenay Parkway, was pulled by a citizen.

Commissioner Carlson requested Item III.A.26, Approval of Tourist Development Council Revised Category E, Cultural Events FY 2004-05 Grant Application Handbook be pulled and rescheduled for May 25, 2004. Chair Higgs advised it can be scheduled at the end and the Board can talk about it. Commissioner Carlson requested Item III.F.3., Appointments/Reappointments to Citizen Advisory Boards be pulled, as she believes there is a card from a citizen requesting to speak on that item. Chair Higgs advised she has cards for comments under the Public Comment Section on those items; and called for a motion on the Consent Agenda excluding Items III.A.11, III.A.26, and III.C.3. Motion was made by Commissioner Scarborough, and seconded by Commissioner Colon as follows:

FINAL PLAT APPROVAL, RE: CAPRON TRACE, PHASE 2

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final plat approval for Capron Trace, Phase 2, subject to minor changes if applicable, receipt of all documents required for recording, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: CAPRON TRACE, PHASE 3

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final plat approval for Capron Trace, Phase 3, subject to minor changes if applicable, receipt of all documents required for recording, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: CAPRON RIDGE, PHASE I

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final plat approval for Capron Ridge, Phase I, subject to minor changes if applicable, receipt of all documents required for recording, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: CAPRON RIDGE, PHASE II

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final plat approval for Capron Ridge, Phase II, subject to minor changes if applicable, receipt of all documents required for recording, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING, PRELIMINARY PLAT, AND FINAL PLAT APPROVALS, RE:
CAPRON RIDGE, PHASE 3A

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final engineering, preliminary plat, and final plat approvals for Capron Ridge, Phase 3A, subject to minor changes as applicable, receipt of all documents required for recording, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVALS, RE: CAPRON
RIDGE, PHASE 4 (ST. PATRICK’S PUD)

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final engineering and preliminary plat approvals for Capron Ridge, Phase 4, (St. Patrick’s PUD), subject to minor changes as applicable and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING, PRELIMINARY PLAT, AND FINAL PLAT APPROVALS, RE:
GRAND HAVEN, PHASE IX

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final engineering, preliminary plat, and final plat approvals for Grand Haven, Phase IX, subject to minor changes as applicable, receipt of all documents required for recording, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

PRELIMINARY AND FINAL PLAT APPROVALS, RE: VIERA REGIONAL PARK

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant preliminary and final plat approvals for Viera Regional Park, subject to minor changes as applicable, receipt of documents required for recording, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

PRELIMINARY AND FINAL PLAT APPROVALS, AND CONTRACT WITH HIGHLANDS
COMPANIES AND THE VIERA COMPANY, RE: THE HIGHLANDS VIERA

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant preliminary and final plat approvals for The Highlands Viera, subject to minor changes as applicable, receipt of documents required for recording, and developer obtaining necessary jurisdictional permits; and execute Contract with Highlands Companies and The Viera Company guaranteeing improvements in the Subdivision. Motion carried and ordered unanimously. (See page
for Contract.)

FINAL ENGINEERING APPROVAL AND CONTRACT WITH TARGET STORES, INC.,
RE: WICKHAM ROAD IMPROVEMENTS FOR TARGET ENTRANCE

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final engineering approval for Wickham Road Widening Project for Target Store’s entrance, and execute Contract with Target Stores, Inc. guaranteeing construction of improvements. Motion carried and ordered unanimously. (See page for Contract.)

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

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final plat approval for Indigo Crossing, Phase 1, subject to minor changes as applicable, receipt of documents required for recording, and developer obtaining all necessary jurisdictional permits; and execute Contract with The Viera Company guaranteeing improvements in the Subdivision. Motion carried and ordered unanimously. (See page for Contract.)

FINAL ENGINEERING, PRELIMINARY PLAT, AND FINAL PLAT APPROVALS, AND
CONTRACT WITH THE VIERA COMPANY, RE: LAKE ANDREW DRIVE COMMERCIAL
LOTS (a/k/a JUDGE FRAN JAMIESON WAY EXTENSION)

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final engineering, preliminary plat, and final plat approvals for Lake Andrew Drive Commercial Lots (a/k/a Judge Fran Jamieson Way Extension), subject to minor changes as applicable, receipt of documents required for recording, and developer obtaining all necessary jurisdictional permits; and execute Contract with The Viera Company guaranteeing improvements in the development. Motion carried and ordered unanimously. (See page for Contract.)

CONTRACT WITH THE VIERA COMPANY, RE: SUMMER LAKES, PHASE 2

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Contract with The Viera Company guaranteeing infrastructure improvements in Summer Lakes, Phase 2. Motion carried and ordered unanimously. (See page for Contract.)

UNPAVED ROAD AGREEMENT WITH MARK ANDRUKAITIS, RE: MULBERRY LANE

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Unpaved Road Agreement with Mark Andrukaitis for a building permit off an existing right-of-way, which has been constructed to the standards of the Unpaved Road Code of Ordinances Section 62-102. Motion carried and ordered unanimously. (See page for Agreement.)

WAIVER OF PARKING REQUIREMENTS, RE: PARK PLACE

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to waive requirements of Section 62-3206(d)(2)bb, parking requirements for outdoor seating at restaurants, allow parking to be calculated by the number of seats, and Section 62-3206(d)(1), minimum number of parking spaces to allow a reduction of required parking of seven spaces for Park Place a/k/a Parker Plaza. Motion carried and ordered unanimously.

WAIVER OF TIME LIMITATION FOR SITE PLAN EXPIRATION, RE: CASABELLA
OUTPARCEL 1

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to waive provisions of Section 62-3205, approving a 90-day extension of expiration date from May 7, 2004 to August 7, 2004, to allow the continuation of review and approval of a site plan for Casabella Outparcel 1. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: OCEAN KEY TOWNHOMES

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final plat approval for Ocean Key Townhomes, subject to minor changes as applicable, receipt of documents required for recording, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: EDGEWATER LANDING SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final plat approval for Edgewater Landing Subdivision, subject to minor changes as applicable, receipt of documents required for recording, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN AGREEMENT WITH NIEMAN INVESTMENTS COMPANY
f/k/a JEWEL & KERON DEATON, RE: PROPERTY IN MAGGIE JOHNSON PLAT

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Binding Development Plan Agreement with Nieman Investments Company LLC f/k/a Jewel & Keron Deaton for development of property in Maggie Johnson Plat. Motion carried and ordered unanimously. (See page for Agreement.)

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

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve project funding recommendations for North Mainland Transportation Impact Fee Benefit District as recommended by the Technical Advisory Committee as: (1) return $150,000 of unexpended funds from bicycle facilities project; (2) appropriate additional $50,000 for U.S. 1/Wiley Road sidewalk project; (3) appropriate $100,000 for Dairy Road sidewalk project; (4) return $10,944.69 of unexpended funds from Fay Boulevard at Homestead Road intersection improvements project; and (5) appropriate additional $10,944.69 for Port St. John West Connector Road project; and approve Budget Change Requests required to implement the project appropriations. Motion carried and ordered unanimously. (See pages
for Budget Change Requests.)

RESOLUTION ACKNOWLEDGING PREPARATION OF PRELIMINARY ASSESSMENT
ROLL AND GRANTING PERMISSION TO ADVERTISE PUBLIC HEARING, RE:
TREASURE LANE PHASE II ROAD PAVING MSBU

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution acknowledging preparation of the preliminary assessment roll for Treasure Lane Phase II Road Paving Municipal Service Benefit Unit (MSBU); and grant permission to advertise a public hearing to consider improvements in the MSBU. Motion carried and ordered unanimously. (See page for Resolution No. 04-102.)

AUTHORIZATION, RE: MUNICIPAL REVIEW OF LOCAL OPTION GAS TAX
PERCENTAGE ALLOCATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the Clerk to send copies of the Local Option Gas Tax percentage allocations to each municipality for review; and authorize conducting a final review of the allocations at the July 13, 2004 Board of County Commissioners meeting. Motion carried and ordered unanimously. (See page
for List of Calculations.)

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND AMEND 2004-2007
LOCAL HOUSING ASSISTANCE PLAN, RE: PRIVATIZATION OF FIRST-TIME
HOMEBUYER PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve endorsement of the Affordable Housing Council to privatize the First-time Homebuyer Program; authorize release of Request for Proposal to privatize the functions of the First-time Homebuyer Program; authorize the Affordable Housing Council to serve as the selection committee; and approve an amendment to the Local Housing Assistance Plan to incorporate the change in policy. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING SCHEDULE OF FEES FOR CAMPING

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution revising the schedule of fees and charges for camping at County parks. Motion carried and ordered unanimously. (See page for Resolution No. 04-103.)

AGREEMENT TO AMEND AND RENEW EXISTING AGREEMENT WITH LAST HOLE LLC,
RE: CONCESSIONAIRE AT SPESSARD HOLLAND GOLF COURSE

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Agreement to Amend and Renew Existing Agreement with Last Hole LLC as concessionaire at Spessard Holland Golf Course from July 15, 2004 through July 14, 2005. Motion carried and ordered unanimously. (See page for Amended Agreement.)

APPROVAL OF SALE, RE: SURPLUS BUSES TO PALM BAY PAL

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve the sale of two 30-foot SCAT buses, Property Control #333-0096 and #333-0090, to Palm Bay PAL for $250 each. Motion carried and ordered unanimously.

RESOLUTION AND GRANT APPLICATION, USE OF TOLL REVENUE CREDITS, AND
AGREEMENT, RE: FY 2005 SCAT CAPITAL AND OPERATING ASSISTANCE GRANTS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution authorizing grant application to Department of Transportation United States of America, for grants under the Urban Mass Transportation Act; approve use of FDOT toll revenue credit for FY 2005 Urbanized Area Formula Program Public Transportation Capital and Operating Assistance Grant from Federal Transit Administration in the amount of $4,711,302 for SCAT; authorize staff to submit the grant application electronically; authorize the Chair to execute the Grant Agreement contingent upon approval by the County Attorney and Risk Management; and authorize the County Manager or his designee to execute any additional follow-up documents/resolutions necessary to secure the funds. Motion carried and ordered unanimously. (See page for Resolution No. 04-104.)
PURCHASE OF SERVICE AGREEMENT WITH SENIOR RESOURCE ALLIANCE, RE:
SCAT VOLUNTEERS IN MOTION PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Purchase of Service Agreement with Senior Resource Alliance for $75,000 to provide transportation services for the Volunteers in Motion Program from July 1, 2004 through June 30, 2005. Motion carried and ordered unanimously. (See page for Agreement.)

AMENDMENT TO JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT
OF TRANSPORTATION, RE: SR A1A TROLLEY BUS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Amendment to Joint Participation Agreement with Florida Department of Transportation for the SCAT’s beach trolley service development grant, extending the service area to Canova Beach. Motion carried and ordered unanimously. (See page for Amendment.)

RESOLUTION, RE: SUPPORTING CONTINUED FEDERAL PARTICIPATION IN BEACH
RENOURISHMENT PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution supporting continued federal participation in beach renourishment projects and urging Congress to reject all efforts to withdraw from or limit the federal government’s role in the nation’s beach renourishment program. Motion carried and ordered unanimously. (See page
for Resolution No. 04-105.)

APPROVAL OF REVISED POLICY BCC-84, RE: INSTALLATION AND MANAGEMENT
OF PETROLEUM STORAGE SYSTEMS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve revised Policy BCC-84, Installation and Management of Petroleum Storage Systems. Motion carried and ordered unanimously. (See page for Policy BCC-84.)

CHANGE ORDER NO. 1 AND FINAL PAYMENT TO MAXWELL CONTRACTING, INC.,
RE: WEST SR 520 FORCE MAIN MODIFICATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Change Order No. 1 to Agreement with Maxwell Contracting, Inc., increasing contract amount by $21,374 for additional force main, fittings, and other components for the West SR 520 Force Main Modifications, to meet Department of Transportation requirements; and approve final payment to the contractor. Motion carried and ordered unanimously. (See page
for Change Order No. 1.)

PERMISSION TO USE JOB ORDER CONTRACT AND EXECUTE CONTRACTS, RE:
CONSTRUCTION OF STORAGE BUILDINGS AT SOUTH BEACHES AND SYKES
CREEK WASTEWATER TREATMENT PLANTS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize staff to use Job Order Contracts for construction of two storage buildings, one at South Beaches Wastewater Treatment Plant and one at Sykes Creek Wastewater Treatment Plant; and authorize the Chair to execute the associated Contracts. Motion carried and ordered unanimously. (See pages for Contracts.)

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
DEPARTMENTAL STRUCTURE

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant permission to advertise a public hearing to consider an ordinance amending the departmental structure of Brevard County. Motion carried and ordered unanimously.

RESOLUTION DESIGNATING ONE-STOP OPERATORS, AND MEMORANDUM OF
UNDERSTANDING WITH BREVARD WORKFORCE DEVELOPMENT BOARD, INC.,
RE: ADMINISTRATION OF ONE-STOP SYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution designating The Kaiser Group for general contractor services; TTI America, Inc. for targeted services; Crosswinds Youth Services, Inc. for youth services; TTI America, Inc. for business services; and Human Services Associates for youth and adult grant specific services; and execute Memorandum of Understanding with the Brevard Workforce Development Board, Inc. for administration of the One-stop System. Motion carried and ordered unanimously. (See pages for Resolution No. 04-106 and Memorandum of Understanding.)

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve the bills and budget changes as submitted. Motion carried and ordered unanimously. (See page
for List of Bills.)

The meeting recessed at 10:49 a.m., and reconvened at 10:59 a.m.

DISCUSSION/DIRECTION, RE: ZONING CODE ISSUES AND RESURRECTION RANCH

Chair Higgs advised Item VI.A.2. regarding Resurrection Ranch is a time certain item that the Board will proceed with at this time.

REPORT, RE: CONSENT AGENDA

Commissioner Pritchard advised several people came to speak to Item III.F.3., Appointments/Reappointments to Citizen Advisory Boards, which is a Consent item; it was pulled by Commissioner Carlson for discussion at the end of the meeting; and the people who came to speak did not realize it was pulled. He stated generally when the public asks to pull an item from the Consent Agenda, it is heard at the end of the Consent Agenda; there are people here to speak on it; but it is the Board’s discretion.

Commissioner Carlson advised she asked for that, but there must have been a misunderstanding because she understood Ken submitted a card to speak. She stated she does not have a problem with it, and did not know that time certain took precedent over Consent items.

Chair Higgs advised since the Board is far behind on the time certains, she would like to do those then go back to the Consent items that were pulled.

DISCUSSION/DIRECTION, RE: ZONING CODE ISSUES AND RESURRECTION RANCH
(CONTINUED)

Chair Higgs requested staff give the Board a brief overview of the issues regarding Resurrection Ranch.

Planning and Zoning Director Mel Scott advised in 1986, the property received a rezoning, which granted the ability to operate an adult congregate living facility (CLF) and a school; it has been very successful over the years in providing a wide range of programs and services under the guidance of Resurrection Ranch; and the issues before the Board are the result of observations from community and staff of whether or not there might be certain programs and services currently being provided which may not have been fully contemplated and consistent with the current zoning classification. He stated the report is an attempt to identify five basic issue areas for Board discussion; and the Board is prompted to review the basis and compare and contrast certain aspects of Resurrection Ranch to certain provisions of the Zoning Code and Florida Statutes.

Chair Higgs advised there are at least 27 speaker cards; those who may have their comments covered by a previous speaker are requested to let the Board know if they agree with the speakers and wish to pass on their comments. She stated each speaker will have five minutes; and explained the light system.

Esquire Jason Hedman, representing Resurrection Ranch, advised there is a Fair Housing Act under 42 U.S. Code 3604; there is also the Americans with Disabilities Act under 42 U.S. Code, and a case of Recap v. the City of Middleton, 282 Federal 333, where the City determined the residents of a halfway house were disabled persons under the Americans with Disabilities Act. He stated there is also a religious land use and Institutional Persons Act under 42 U.S. Code 2000; but they are not here to argue or threaten, they are here because for many years Resurrection Ranch provided a very valuable service to the community. He stated as Mr. Scott’s report reflects, originally the site was Happy Landings; it was basically called a children’s home or youth ranch, a euphemism for what they call a reform school or a place under the Juvenile Justice Services; so there is a long history of the property being used to help reshape lives, change lives, and move forward. He stated when they were before the Board on April 20, 2004, it was difficult to hear neighbors talking about being in fear; Resurrection Ranch is totally opposite of fear; they are not trying to threaten anyone or to bring down property values; but they are trying to help change lives. Mr. Hedman stated a life recovery program is being operated at Resurrection Ranch; and they hope to shine a little light and let Jinger Knox and other residents know what kind of supervision goes on and what kind of screening happens. He stated it is not anyone who walks down the railroad tracks and decides to go to Resurrection Ranch that becomes a resident; they are screened; and David Miller, Director of Resurrection Ranch, will cover many of the comments from citizens, the guidelines, and specific items. He stated everyone who becomes a resident signs a contract agreeing to abide by the rules; and there are at least 15 items on the checklist that include no sexually-oriented charges in background, and will abide by the standards of Resurrection Ranch and its guidelines, which means no profanity, no violence, no drug use, etc. He stated it is a life recovery program; those people are not necessarily criminals or everybody coming out of jail; it is an extension of the prison system and an opportunity for folks whose lives have been shipwrecked by drugs, alcohol, and other circumstances to be able to rehabilitate; and in essence, it is a Christian ministry. He stated it is faith-based; they believe the redemptive powers come from Almighty God; and if they can get them alone for 90 days without drinking, smoking, and doing other things, opportunities are going to happen for those persons’ lives to be changed so they can get back with their families and become good members of society. Mr. Hedman stated there has been a lot of talk about the association and Contract with Department of Corrections; basically the ministry had an opportunity to bring dollars in for the faith-based initiative and fund programs to benefit Brevard County residents; they heard about money coming from the federal government; but what is happening is services are being subsidized by the State Contract to benefit the community; it is what they should be doing and what they are doing; and they believe the use is consistent. He stated Mr. Scott’s report is very informative; he talks about an RSFF being an umbrella; and he disagrees with him a little bit and believe once they have a CUP for a residential facility, they have that use. He stated there is talk about children; as a group home, children are permitted; it is emphasized that the only children there are the children with their parents; and it is not like they are taking orphans in off the street. He stated those are families being reunited that is part of what the mission statement is; it is a life recovery family restoration ministry; and they do it by the gospel. He stated Mr. Miller will talk about the standards, and Mr. Tulley will explain the history; and it is not about jailbirds and felons. He stated they have had the existing zoning since 1986; they believe the Board wisely confirmed that on May 5, 2002; and they hope that Ms. Knox and everyone else in the community will have the same confidence that judges and counselors in the area have, that it is a good facility that protects people and provides a nurturing environment for their lives to be changed.

Pastor Calvin Gittner, representing Pineda Presbyterian Church, advised they and the Suntree/Viera Association of Churches are in support of the ministry of Resurrection Ranch and the overall quality of life in Brevard County; and he will share their interactions with the staff and residents of Resurrection Ranch. He stated he has been the pastor at Pineda Presbyterian Church since May 2000; over the past four years he had the opportunity to interact with both the staff and residents of Resurrection Ranch at least on a monthly basis and often more frequently than that through his church and the ministry of Suntree/Viera Association of Churches; and the primary focus of his relationship and that of his church with the Ranch has been in finding ways to work together in order to serve those members of the community who are most in need. Pastor Gittner advised Pineda Presbyterian Church’s relationship with Resurrection Ranch has been, and he hopes will continue to be, one where they share their gifts, talents, and resources; he could talk about their structural relationship with the Ranch and how their church and other churches in the area provide financial and in-kind support to the ministry of Resurrection Ranch, and about how Resurrection Ranch provides assistance to the community in many ways, serving people throughout the County who are in need of assistance, but he would rather talk about people and about their relationship with those people and their partnership with Resurrection Ranch. He stated over the past four years, his relationship with the family members of Resurrection Ranch, the staff, and the residents has grown closer in many ways; they now have a number of people from the Ranch who are regular attendees and participants in church activities at their church and other churches in the area; and members of the Resurrection Ranch community, who they consider their friends, attend community events. He stated those people are an active and vibrant part of their church families, from Sunday services to fellowship dinners and church work days; they are part of the fabric of life at their churches; and thus they are part of the fabric of life of Brevard County. Pastor Gittner stated one way to judge the true character of a community’s health is to judge and look at how they treat and support those in greatest need; do they pretend those people do not exist or even worse, do they treat them as somehow less entitled to the rights and privileges that they all enjoy; or are they willing to give them the support and encouragement they need to continue to be full and active participants in society. He stated in their area, it has been Resurrection Ranch working in partnership with the faith community that has been their gauge of how the community is willing to support those in need; they are the ones who have been and will continue to be the ones who will reach out and build those lasting relationships that will make a difference in people’s lives; and the ministry of Resurrection Ranch is a ministry of reconciliation, healing, and wholeness, and of rebuilding broken lives. He stated it is his hope and prayer that they can come together as a community in order to resolve any and all issues and concerns relative to the operation of Resurrection Ranch, including the legitimate concerns of all their friends and neighbors in order that together they can continue to provide a much needed and much appreciated ministry to the community. Pastor Gittner advised he is also Chaplain of the 920th Search and Rescue Wing at Patrick Air Force Base; and over the years they have also partnered with Resurrection Ranch to provide in-kind services to the Ranch, again joining together in true partnership to reach out and help those in greatest need. He offered his services and the services of his church and other churches in the Suntree/Viera Association of Churches, as might be needed, as they work together to serve all the people of Brevard County.

Chair Higgs requested the audience hold their applause because there are a lot of people who wish to speak and it will help the Board get through all of them.

Reverend Terry Highland, Head Pastor and Priest at Christ Redeemer Charismatic Episcopal Church, Chaplain of Melbourne Police Department, and Board member at Resurrection Ranch, advised he will comment on counseling at the Ranch. He stated spiritual counseling takes place at the Ranch; there are a number of churches from Titusville to Palm Bay that have members come and do counseling; and there are a number of pastors from various religions, Lutherans, Methodists, Catholics, nondenominational, Episcopalians, Baptists, Presbyterians, and others who come and counsel at Resurrection Ranch. He noted in many churches, they argue amongst themselves of what is right; but this is one example where that is set aside and they come together and do ministry and counseling in a spiritual direction mode to those people who are there. He stated it is not drug and alcohol counseling; they do not have a license to do that nor do they do that; that is referred to Circles of Care and other facilities, not the Ranch; and it is interesting that the pastors who come together have all different modus operandi, backgrounds, interests, and desires; but they focus on one thing and that is working to the glory of God and lifting people up.

Reverend Charles Lane advised he spent Saturday and Sunday at the Brevard Correctional Institution; he has taught at Resurrection Ranch for six of his eight years; he is a resident of Viera; and he loves Viera and Resurrection Ranch, so when he has time off he likes to give it to the Ranch.

David Miller, Director of Resurrection Ranch, advised he talked with each Commissioner and gave them his assurances that Resurrection Ranch has a very competent program and does a wonderful job in the community; and he wants to bear witness to the people who have come to not just say the Ranch is doing a good job, but who have firsthand knowledge of what goes on at Resurrection Ranch. He stated they have a group of people who went through the community and obtained signed petitions; there are over 1,500 signatures from Titusville to Palm Bay; those are people who are interested in what goes on at the Ranch; and they are concerned that the County continue to have institutions like Resurrection Ranch that will take care of people in need. He stated there were many people who could not make it here today due to the time situation; they have letters from groups in support of the Ranch; and the Department of Corrections blessed them with the opportunity to have the probation officers of Brevard County write letters of support to attest to the monitoring and to the amount of supervision that the State and Brevard County Probation Services provide to Resurrection Ranch. Mr. Miller stated they also have letters of support from their current neighbors; some are here to attest to the fact that they are good neighbors; and for the last four years that he has been at the Ranch, there have been no instances where a neighbor had to call the police, which speaks volumes for the amount of services they provide. He stated it is not up to him to say what a wonderful job they are doing, so he will concede to the residents and ask them if they have knowledge that would impact the Board, to come and say it. He noted they do not want to say the same thing over and over again; the Board knows what a wonderful job they do; and they want to work closely with the Board to get the problem resolved or do what it takes so Resurrection Ranch can continue to do its job within the confines of the law.

Chair Higgs stated that is what the Board is dealing with today, the zoning regulations and not the work of the Ranch; and inquired if anyone needs clarification on that.

Commissioner Colon advised one thing the neighbors brought to the Board’s attention was safety; Resurrection Ranch is located in a community that has small children; and it scares the community to know that Department of Corrections is able to send folks to the Ranch. She inquired what are the guarantees that the community is safe; and stated the Board is aware of the good job the Ranch is doing, but it is here to talk about the zoning and safety of the neighborhood issues.

Mr. Miller responded the Department of Corrections does not have the ability to send anyone to Resurrection Ranch; the people who come to the ministry out of the jails and prison system have been 100% released; they are not on parole or in any form of incarceration; and they are allowed to move into any house in any neighborhood in Brevard County. He stated they know their neighbors are concerned, so they have in place a very structured guideline; for the first 30 days any resident coming out of jail or prison and coming into their facility is not allowed to walk in the immediate neighborhood; and that person is required to stay on the 5.5-acre facility until they get to know him or her and his or her daily habits and prove to them that he or she is going to be a good neighbor. He stated the program is set up that a simple disrespectful tone of voice to one of the neighbors is enough to terminate them from the facility. Mr. Miller advised the program is set up that at 6:00 a.m. their residents are out of bed, beds made, then meal time; after the meal they go to time of quiet devotion; throughout the day they are given chores to continue to help with the upgrade of the ministry and facilitation of running it; and with that they become part of their family. He stated the residents are held accountable and responsible, not only to his family, but the rest of the residents who are their family; they do not get up in the middle of the night and sneak out of the dormitories; if they do, their fellow residents stop them or tell administration that something like that is happening; and it is grounds for immediate termination. He stated the protection is the amount of oversight that is done on a day-to-day basis; his staff lives on the facility; they do not go home at night; and he lives within 500 yards of the facility.

Commissioner Carlson advised she met with Mr. Miller and they talked about the services, but for clarification for others who are listening and did not have that opportunity, could he explain all the services that Resurrection Ranch provides other than the Contract with Department of Corrections that seems to be the focal point.

Mr. Miller advised Resurrection Ranch partners with virtually every ministry and agency in Brevard County; the Hope to Go Clinic comes twice a week to provide medical care to residents; a doctor in Satellite Beach provides free dental care for the people in need; Dr. Samuel Winn provides eye care examinations to individuals; and they partner with Department of Labor and have a job link station on their facility. He stated individuals can do job search, job resumes, and get information on how to receive scholarships for any job training they may need so that they do not continue in the homeless state that they are in; most of the people who come into their facility work in very low-end jobs and that is what causes them to become homeless; so Brevard Community College works very closely with Resurrection Ranch in re-training individuals. He stated one of their young ladies is going to FIT on a full scholarship to become a nurse; the Ranch also provides day-to-day counseling; there are probably 32 churches that are involved in the Resurrection Ranch ministry and their associate pastors come to the Ranch daily to provide one-on-one counseling with the individuals; and that speaks more to the program than having them sit in a classroom 30 or 40 at a time and listen to a pastor speaking of issues. He stated the one-on-one counseling gets right to the core issues that caused the person to become homeless and to come into their facility.

William Petrick of Melbourne advised one of the concerns noted in April 20, 2004 letter from the neighbors in Pinewood Park was the 111 9-1-1 calls to the Sheriff’s Department; that is a gross misrepresentation; of those calls made to the Sheriff’s Department from January 1, 2004 to April 13, 2004, 48 were initiated by the Sheriff’s Department or other Law Enforcement agencies; some of those calls were Bob Cline and Deputy O’Connell saying hello; and 77 of those, or 69%, were not for police services, but attempts to contact persons and notify next of kin for traffic accidents. He stated 11 of the calls were initiated by residents pay phone or personal cell phones; 24 calls were initiated by the Ranch; of those 24 calls, only six were 9-1-1 in nature; and the other 18 calls were to the non-emergency number. He stated two of the 9-1-1 calls were in 2001; three were in 2002; and one was in 2003; and nobody from the Resurrection Ranch office, the pastor’s personal phone, or the director’s cell phone have called 9-1-1 this year. He stated of the six calls, two non-resident individuals were responsible for four of the 9-1-1 calls; they have a statement at the Ranch that there are no secrets; if anybody is misbehaving and causing a problem, the other residents turn them in; and he lives there and is there seven days a week, 24 hours a day, and is the men’s director.

Commissioner Colon inquired if Mr. Petrick knows what the calls from citizens were for and was it for Code Enforcement; with Mr. Petrick responding two citizen calls were disgruntled previous residents who said they were running a chop shop; the police came and investigated and saw that they were not running a car chop shop; and two other calls were traffic accidents on U.S. 1, one for a boat coming off a trailer and blocking the intersection of U.S. 1 and Pineda Causeway, and the other for a minor traffic accident.

Oscar Watson of Melbourne advised in 2000 he came upon the Ranch and was out of control with drugs; he was homeless and had no where else to go; and from 2000 to now, the Ranch has turned his life around. He stated he learned what the word integrity really means; he met new friends, psychologists, retired servicemen, generals, and those type of people; and the Ranch has done a lot and will continue to do a lot because they have a love for humanity in their hearts. He stated it is not just the drug addicts, alcoholics, or the homeless, but there are many other people who fall into hard times as well; they assist in any way they can; and since he has been there, he has become part of their staff. He stated he enjoys doing what he does because it shows that none of them are exempt from falling into hard times; and the main factor is that they are helping one another and not cutting each others’ throats.

Robin Switzer of Melbourne stated she will read some and ad-lib some; they have lived in the neighborhood since 1993; they have not had any problem; they had some issues with the Ranch when they first moved there; but they did not know what the Ranch was doing. She stated everyone who lives there now have moved in after anyone who runs the Ranch; they all moved into the neighborhood when the Ranch was there and in existence; it is not like they moved in and the Ranch moved in after them; and now they are saying they have a concern as far as safety for their children. Ms. Switzer stated her boys are 19, 18 and 5; when they moved into the neighborhood, her older boys were 6 and 7, and they never had a concern; but her concern now is her five-year old because some of the new neighbors who moved in seem like they have a threatening air about them and they do not want anyone walking around the neighborhood or by their house. She stated there has been word that a gentleman stands on his property with a gun of some sort, which could be a BB gun, but that concerns her as far as her five-year old’s safety, as they could be a threat, but not anyone from the Ranch. She stated they have lived in the area for almost 11 years; in 1999 new neighbors moved in next door; and they were David and Stephanie Miller. She stated they never had any problems with them and never had more wonderful neighbors than they have been; there are other neighbors they talk to and get together with, and most of them are willing to go out of the way to help people with any needs they have; and they never had any differences with David and Stephanie Miller. Ms. Switzer stated the neighborhood is peaceful and relaxing; her husband and she always said if they came into a lot of money and needed to move, he would flatten the property they live on next to the Ranch and rebuild where they live; and they have no desire to go anywhere else. She stated they believe Resurrection Ranch ministry is sorely needed in Brevard County; they not only minister to the residents with a Bible-based Christian lifestyle, but the entire staff, including the residents, giving back to the community. She stated volunteers from the Ranch can be found at the Daily Bread helping to feed and clothe the homeless, helping in a number of events by many of the churches, and sharing their clothing and food donations with other charitable drives sponsored throughout the County as well as with anyone in need who might ask for their assistance. She stated the Ranch is the first to pitch in and help any neighbor who asks for it; the Ranch has been there longer than any of the current residents who are now complaining; and sometimes it is hard to take a step in faith, yet every day the Ranch takes that step and reaches out to those whose lives they touch by Christian ministry. She stated most of the residents make it through the program and go out to live their lives, hopefully using the same guidelines provided by the Ranch; there are those who still cannot make it on their own after graduating; but there is no 100% success rate in any program. She stated the County does benefit from the program that returns those down and out, ex-convicts, and others who become productive contributing Christian members of Brevard County. She stated it is solely a matter of meeting the Code; requested the areas needed to be addressed be defined; and let the Ministry correct them and go on doing God’s work.

Stephanie Miller, Director at Resurrection Ranch under the leadership of Pastor Arlene Kolter, advised their administrator is her wonderful husband David, and Bill Petrick completes the administrative portion of their staff. She stated she takes care of the women and children; she considers her position to be the most important thing that she has ever done; and the heart of their ministry is to take care of and assist people who have fallen on hard times in seeking life changes by focusing on their physical, emotional, and most of all spiritual needs. She stated most people come to them with the clothes on their backs; and it is incredibly rewarding to be able to bring such relief to a hurting individual and families who would otherwise have no place else to go. She stated they are a life recovery and family restoration ministry bringing life and hope to those who need them to help them to see themselves as worthy human beings; with loving structure and spiritual teachings, they teach them and lead them into a new life; and her desire to make a difference in society developed because her own life was at one time devastated. Ms. Miller stated she believed that she was a loser; she spent many years as a pitiful drug addict and alcoholic; she lived on the streets, wondered homeless, and landed in prison; and when she went to Resurrection Ranch when she got out in 1995, her life has been very different as a result of the love shown to her. She stated if it were not for this incredible ministry, she does not know where she would be today; they gave her not just three hots and a cot, but a warm bed, a structured environment, spiritual direction, a safe sanctuary, and a loving family; and this year she celebrates ten years clean and sober and nine years in full time ministry. She stated they want others to find that tremendous hope; having been down and out, homeless, and without hope makes her realize that the County has an urgency for places like Resurrection Ranch; and even President Bush and Governor Bush recognize how imperative it is to minister to those in spiritual poverty as they proposed the faith-based initiative. Ms. Miller stated reality is that most people who land in homeless situations as a result of those lifestyles have ended up in jail or prison; it would be extremely difficult to find a homeless person who has not ever been arrested; and it is their desire to continue the wonderful work that is rebuilding so many lives and restoring families to function and live so they can go out and make a difference. She stated she and her husband David live in the neighborhood at 5850 Old Dixie Highway; the day they moved into their home was the most wonderful day of their lives; they have been living and serving in the ministry for several years without benefit of salary; and they asked God to bless them with a home when Bob Brown approached Resurrection Ranch about buying the house they live in. She stated they considered that offer to be a direct answer to their prayers and since moving in, things have been pleasant and peaceful. She stated they have extended hospitality to all their neighbors and have become friendly with most; they are grieved by the sudden contempt and division that has become so evident even to the point that their neighbors are asked to choose sides in the battle; and although a fear issue is a claim, there is a continence that suggests something entirely different. She stated many depend on Resurrection Ranch as their home; and they look forward to working with the Board and Zoning Board to bring those issues through to resolution and returning to the work they love so dearly. Ms. Miller advised the entry agreement is signed by the people who come there; they limit them to contact outside during their initial 90 days; they agree to participate in all the programs and activities; and they understand all incoming and outgoing mail is screened by staff for anything deceptive. She stated they understand that Resurrection Ranch staff members may thoroughly check personal possessions upon arrival and reserve the right to inspect personal property during the duration of their stay; they agree to have never been found guilty, plead no contest, or had adjudication withheld on sexually-oriented charges; and they consent to having criminal background checks. She stated they hold their residents to a very high standard on their entry agreement and they have guidelines they would love to share with the Board.

Gary Guido of Melbourne advised he wants to address the recent criticisms by certain neighbors of the Resurrection Ranch; he has lived in Brevard County for six years and has been an active member of the community volunteering with several different organizations; and his wife and he became involved in Resurrection Ranch through a neighbor, within the first few days after they moved in. He stated they have literally gone to Resurrection Ranch hundreds of times, taking residents back and forth to different meetings, to do things, bring clothing, washing machine, and visiting some in the morning, some in the afternoon, and at late meetings; and they have never seen people wandering all over the neighborhood as was stated at a recent meeting. Mr. Guido stated there is no truth to that statement; it does not happen there; and he would challenge anyone to ride through the neighborhood. He stated Resurrection Ranch is there to help brothers and sisters who need help; people take upon themselves to come out and help in the community; there are many people who are Resurrection Ranch residents who may have had a problem in the past, but everyone has had problems; and if the Board feels in the end that the CUP needs to be altered in some way, he would ask that the Board do something in that regard.

Chair Higgs reminded everyone that the issue is not the work of Resurrection Ranch, but the zoning issues; and requested they try to keep to that point. She stated she knows many are supporting of the Ranch, but requested they confine their comments to the real issues.

Jinger Knox of Melbourne advised she told everyone what her issues are with the zoning and so forth, so because her family has been attacked personally she is going to tell the Board why she has the feelings she does about the Ranch. She stated she hates to get into that because this is a zoning issue, and the Board knows there are legal grounds. She stated when people stop her three-year old in the hallway and say this is the weird family that wants to close the Ranch, she wants to explain to the Board why she is emotionally as well as legally involved; and she has been put in the position because of the lack of oversight by the County and State. She stated Resurrection Ranch has claimed it does not take money from the County, but are providing services for the County when in reality the County has given it thousands of dollars to run the facility, and the Ranch is burdening the County with public service needs and not lightening the load. She stated the Ranch has only a 34% success rate; that means 66% of the people are unsuccessful in finding a part-time job or getting a place to live; and that means when they take people through the DOC Contract, they are from other counties like Miami-Dade and are making those people come to Brevard County when 66% of them are not successful, so they are increasing the load on the already overcrowded jails and facilities. Ms. Knox stated they are not only helping people from Brevard County, but are also taking people from other counties with only a 34% success rate; the managers talked about their mini-job link program; the United Way provided a new computer system and paid them $1,250 a month; and during the time they had it, nine people out of 59 residents took time to use the program during the month. She stated if she had a program and computer there, and was given $1,250 a month to have it available, she would take more time than that; but if they are allowed to live in the facility five to ten years, like many of the people are, then why would they look for a job if they can live off the system for those years. She stated she saw a touching story in the paper about Lisa and her children; the family has lived at the facility for five years according to the article in Florida TODAY; many of the other residents have lived there for five to ten years; so it is not transitional housing, but just plain housing. She stated the program does not give the individuals the skills they need to succeed in society; if they look at the report from 1996, the year that David and Stephanie Miller took over the Ranch, and also the year when they stopped renewing their license through the proper State agencies, the Board would find a report from the fire marshal that says the facility is not an assisted living facility and is a multifamily transitional housing unit and should be considered as such. Ms. Knox stated in the Florida TODAY article, Ms. Carson stated she was concerned with the impact on children by being around a criminal element; and inquired if Lisa’s children were taken out of the home, would that end the problem. She stated she has never used drugs and has never been a prostitute, yet the Board is willing to allow her children to be around that criminal element every day; it is letting criminals come into her house when she is not home and peer into her windows at night; and it is preventing her children from riding their bikes around the block because they are scared. She stated she wants the Board to tell her children what they did wrong to have to be prisoners in their own home; their parents have never committed a crime; and the only thing they did wrong was trust the Board had supervised the Resurrection Ranch, made sure that it was licensed per State laws, and had issued a zoning requirement for a children’s home not for a transitional housing facility or drug rehabilitation center. She stated they took those things for granted that the Board had done all that since 1996 because they were licensed properly in 1996; but for some reason they no longer felt they had to have that licensing. Ms. Knox stated she understands they want to help people and there is a need for that; but they do not understand the dangers involved for the children in the neighborhood and the children in their facilities; and if they did understand, they would take better precautions. She stated she has seen first hand and none of the Commissioners and a lot of other people have seen it firsthand, but they are residents and supporters of Resurrection Ranch and are not there every day; she would welcome them to sit there at her home, not this week because they have toned things down since she brought it to the Board; but before then, the people were coming around, were inside her house, and were doing all the things that they were doing before she made this plea to the Board. She stated furthermore the Resurrection Ranch has 7,400 square feet; the minimum requirement is 250 square feet for each resident; that means there is a maximum of 28 people allowed in that facility; but they have 68 people or 59 by their current record and licensed for 68. She stated she would like to see the Board tell the Ranch they have minimum requirements they have to meet for square footage, they need a State license so they can be overseen by the State, and they not have any association with Department of Corrections per zoning regulations. She stated those are things that are required for any institution.

Commissioner Pritchard inquired how long has Ms. Knox lived in the neighborhood; with Ms. Knox responding about four months, which was plenty of time to see that it was not a safe environment for her children and she needed to do something. She stated she went to the board of Resurrection Ranch before coming to the Board of County Commissioners and asked it to assure her and her family’s safety; and it did nothing. Commissioner Pritchard inquired what made Ms. Knox move to the neighborhood; with Ms. Knox responding she bought a lot and was told that Resurrection Ranch was a nice place just like the people said today; she befriended the Ranch when she first moved in; and after hearing some of the things from the residents, she went to Stephanie Miller and said they were concerned with their safety; and Ms. Miller said when a new person comes in, they learn a little bit about them like they would in any neighborhood. She stated she told Ms. Miller if they are part of the neighborhood, they need to be afforded some protection; and Ms. Miller said she could not do that because she may use the information against her. She stated that is when she started doing research; and that is what brought her to this point. Commissioner Pritchard inquired what did Ms. Knox mean by residents of the neighborhood; with Ms. Knox responding the residents of Resurrection Ranch.

Reverend Len Gon Gola of Satellite Beach advised he has been ministering at the Ranch for seven years; he never found a ministry that gave him so much joy working with folks who need help; and he asked people to sign the petition and to pay serious attention to it before signing because the County Commissioners want to do a responsible job and it will show them that they care. He stated he is here today to show the Board that he cares and thinks they all know that folks who need help need a place that will show them love and concern, and offer a systematic way to help them change their lives. He stated he is known as Pastor Lenny at the Ranch; and he has never had such a loving joyful experience as working at the Resurrection Ranch. Reverend Gon Gola advised he has another ministry and is the founder of Sun Beam Prison Ministries; he covers prisons all over America through books, tapes, and writings; and he has a hands-on ministry of speaking to prisoners, which has been in operation for more than 28 years. He stated his real joy has been working with folks that he can see and touch every day.

Charles Boyd of Cocoa Beach, Chairman of the Resurrection Ranch Board, thanked all the people in the audience who have taken time off work and their busy schedules to come to the meeting; and asked those in support of Resurrection Ranch to stand. He stated he knows it is a zoning issue; they said everything that needs to be said about the Ranch and the good work they do; but unfortunately through the years the Zoning Code has changed and none of the current zoning classifications fit what they are doing right now. He stated they have a long history of doing what they do and that has not changed much over the years; and requested the Board consider grandfathering in their activities and vesting their rights to do what they do by creating a new zoning category that fits what Resurrection Ranch does.

Cindy Marshall of Melbourne advised if it is a zoning problem, something needs to be done about it so that Resurrection Ranch can continue to help people who really need help.

William Powell of Satellite Beach advised he owns property at 2670 Pine Cone Drive and did not have a problem with the ranchers; they do not walk down the street in front of his house; and they do not go into the woods because he moved out of the neighborhood along with the Browns, Smiths, and others. He stated he believes all the good things people are saying and that everybody deserves a second chance to get back into society; he knows what he is talking about because he has been sober for three years and is proud of that; and there is no denying the good they do at Resurrection Ranch, but that is not the issue. He stated the issue is compliance and the bad things that go on; the Board heard it does not happen in the neighborhood, but it does happen and it is not the good people they are saving, but the ones they are not saving that go into the woods, drink, and have sex, but that is not his concern. Mr. Powell stated his concern is they are buying up the neighborhood; someone said property values increased 78% in Brevard County; but it has not increased in that neighborhood. He stated his home was a big investment and was his first home; when he bought it he was deceived and told it was a boys ranch and a church retreat by the seller, not by the Ranch; and he went into it blind. He stated the property values are going no where; and he left but could not take his house and property with him so he rents it now. He stated his mother asked if she could sell her house in Titusville and move closer to him, and he told her no and blamed it on the traffic on U.S. 1; she said she was a good driver; but he told her he did not want her in the neighborhood. He stated they moved into the house at the end of the street; he had one dealing with the band director because his music was loud and he asked him to turn it down; he smelled like a brewery and was high on something; and he said he was only at the Ranch because he had to be and as soon as Eric Clapton went on tour, he was going with him as his keyboard player. He stated that is what is going on at the Ranch; they are putting people into the neighborhood; they have 13 properties and two houses; and inquired how far are they going until they have all the homes and the Board will have the residents of Suntree coming and complaining like the neighbors are now. He stated it was fine when it was up the street, but they are moving through the neighborhood and want the whole neighborhood.

Jeff Lake of Grant advised he is speaking on behalf of the neighbors of Resurrection Ranch; he sent a packet of information to each Commissioner; and he believes it is highly relevant to Resurrection Ranch issues and consideration of proper zoning, site requirements, licensing, and other possible needed regulations of private contractors providing State and County-funded transitional living housing for clientele from the prisons, mental hospitals, and the homeless. He stated the clientele and faith-based services appear to be similar; however, the subcontractors and physical facilities of other places are not; the growing number of transitional living facilities are popping up all around the State and County; and his concern is how they are addressed as a whole. He encouraged the Board to consider the privately-owned facilities in the broader scope and not set a precedent nor establish public policy from the singular consideration of Resurrection Ranch, which may be a more polished facility than others in the County that have issues and incidents that impact local neighborhoods. Mr. Lake stated at present there appears to be little or no consideration by the State or County for the safety, health, and welfare of neighboring residents that have a unique clientele that are associated with the State and County prisons by virtue of contract; and ex-prisoners, ex-mental patients, and the homeless are public concerns and are being channeled through private contractors while being supported by public funds without proper regulations that consider the impact to neighbors who pay for those programs via taxes. He stated he understands the overcrowded conditions of the prison system, but transferring liability from the public arena to select neighborhoods is inappropriate without proper regulations; and in light of that, he would like to relate some issues of a faith-based facility in his neighborhood that relate to this situation. He stated they serve the same type of clientele and is supported by Department of Corrections; they had issues of trespassing and home invasions; various clientele availed themselves to the use of his dock and lawn furniture, and his neighbor’s dock; and they had to have them removed. He stated his neighbor reported to him recently that a resident who appeared out of drugs and medication entered his residence seeking a bedroom; he just walked in; the Sheriff was called to remove the individual and return him to the transitional facility; and that is a matter of police record. He stated he found an injection needle stashed under his fence that was apparently used by a resident living in the cottage by his home; according to another resident he confronted, he confessed the resident was a heroin addict; and he does not know what kind of diseases were on that needle that could have pricked him while cleaning the brush around the fence. He noted the police were called and the needle removed; and that is a matter of record. Mr. Lake stated another incident was a plastic liter bottle of vodka stashed by the property line near the same cottage next to his home; he almost ran over it with his tractor; and the weight of the tractor would have burst the bottle, igniting him into a ball of flames. He stated the Sheriff was called and the bottle was removed and is a matter of the police record. He stated on the Indian River side across U.S. 1, he saw from a distance residents passing what appeared to be a marijuana joint back and forth; at times he is awakened in the middle of the night by sounds, voices, or music accompanied by the smell of pot; and empty beer cans, booze bottles, and food wrappers were occasionally thrown over the fence onto his property. He stated the residents on a number of occasions were burning pepper tree cuttings without permits and choking neighbors and causing him to close his windows and sometimes having to vacate his property because he has low-grade emphysema. He stated he informed them of the need for a permit and that pepper tree smoke is caustic; and he contacted the local fire officials and confirmed that no permit was pulled. He stated domestic and farm animals were there, which exposed them to ecoli infection from animal fecal matter, which has caused diseases over the last two years and has ruined his health causing him not to be able to work. He stated his point is the facility is like Resurrection Ranch serving the same clientele, and things do happen.

Tom Greenawalt of Melbourne advised modern society requires government that often looks over the shoulders of and frequently rescues the institutions upon which it depends to champion the cause; unfortunately organizations with exemplary mission of salvaging people’s lives are not exempt from a tax that is sometimes frivolous in conception and devoid of compassion. He stated one such organization is under attack by a group of parties that indignantly suppose that Resurrection Ranch has placed itself badly in relation to the neighborhood landscape, has provided human sanctuary for legions of youths and adults for over 15 years in refuge of restoration, and has extended its stewardship, goodwill, and resources to one and all including its antagonists. He stated Resurrection Ranch and those of similar nature deserve to be shielded from those who may possess and demonstrate self-serving agendas and judgments; some people enthusiastically live lives of discontent, however misplaced and destructive; and there needs to be careful consideration and approval of a zone that will allow Resurrection Ranch and other vulnerable ministries to continue providing their services while providing proper protection and safeguards. He stated the issue deserves the Board’s consideration because there must be an intelligent relationship between zoning ordinances and community services; the Resurrection Ranch ministries is an excellent neighbor and law-abiding community resource that is in the business of successfully enriching people’s lives; and the personnel who administer the service and the people they diligently serve truly matter and desperately need the Board’s help.

Chair Higgs advised the Board has gone through 18 of 32 cards; and if people feel their comments have been shared by someone else, the Board would appreciate it if they would just acknowledge that, so it can get to some discussion of this critical issue.

John Clifton of Melbourne advised he lives across the street from Resurrection Ranch; they do a wonderful job for everybody there; and the only complaint he has is the location. He stated he has owned the property for two years and should not be here complaining about something that was there before him, but for the first four months his house was broken into no less than ten times. He stated he came to the County for a fence permit, installed the fence, and had no more break-ins or troubles with them; and he put bulldogs in his yard, so he is safe, but is only one of the neighbors.

William Tulley of Melbourne advised he is here to provide the historical perspective regarding Resurrection Ranch; when he moved to Florida in 1956 with his wife Pat, U.S. 1 was a two-lane road and Pineda Causeway did not exist; the facility was a motel that had been abandoned and was in terrible disrepair; and in 1970 the property was acquired by Reverend Aubrey and his wife, who developed, under the auspices of the Florida Health and Rehabilitative Services Program, a facility to rehabilitate young men. He stated it took three years for the Aubreys to gain approval from the State to have convicted felons and juvenile delinquents placed in the facility rather than go to a State institution; and many came from the State institutions because the State could not handle them. He stated they could not even keep them physically restrained and they would break out of the State institutions. Mr. Tulley stated the program was a marvelous success; he got involved early and helped to restore the property; he was on the Board of Directors from 1971 through the mid-1980’s; and in 1982, Reverend Aubrey died and his wife tried to continue the program but was unable to do that. He stated the facility was turned over to the Tabernacle Church; and the program continued somewhat differently, but it was a program to rehabilitate individuals of our society who needed serious help. He stated he does not know the statistics as far as the rehabilitation success at Resurrection Ranch, but he knows it was marvelous in the early years with the boys; and it seems to him that part of the issue is like someone building a house at the end of a runway then complaining about jets flying over his house. He stated the facility has served people who need help for over three decades; the Statue of Liberty stands in New York harbor to beckon people to come who need the liberty of this country; and Resurrection Ranch stands as a symbol in this County. He stated there is only one answer in the Board’s deliberations on this matter, and that is to grandfather the Ranch in and its programs and activities; and requested the Board do the right thing.

Peter Cameron-Nott of Melbourne advised he came to Resurrection Ranch four years ago and was homeless for two years living in the woods and dining out of Conky Joe’s dumpster; he literally had given up on life; but certain circumstances led him to Resurrection Ranch and within two weeks he gave his life to the Lord. He stated while he was at the Thanksgiving event in 2000, the Lord put it in his heart to start a food outreach ministry, which he has continued to do and is now serving 1,500 people a week. Mr. Cameron-Nott stated he started his own business, has his own home, and has a day job; and he is thankful to the Lord, Resurrection Ranch, and the people who counseled him and showed him the love of the Lord. He stated he visits the graduates on a daily basis to counsel and give them encouragement that there is life after the Ranch and to move on and do something positive. He stated he could have been on welfare or become a taxpayer; and it was his goal to be a taxpayer. He noted the more taxes he pays the more successful he is.

Reverend Richard Kinkead of Melbourne advised he is a retired police officer from NYPD, a minister, and President of East Gate Ministries; he has been a teacher and counselor at Resurrection Ranch for the last six years; and in that time he has seen many people like himself, who was an alcoholic, find Christ. He stated the Lord turned his life around and uses him to be a counselor and teacher to many of the people who are struggling with the same things; he has seen hundreds of lives turn around over the years; and those people became taxpayers. He stated Mr. Miller teaches the residents trades such as fiberglassing boats, carpentry, plumbing, and many other skills; it is not just faith-based, but has turned around many lives and given people reason to hope; and if that is taken away, it would not be doing them a good service. Reverend Kinkead urged the Board to seriously consider grandfathering in the Resurrection Ranch so they can continue their work; Mr. Cameron-Nott is an example of what can be done with Christ as the central figure in their lives; they are taught how to go to the Lord themselves and not to depend on anyone but God and his word; and they become strengthened and get their hopes from Christ who says who they are, not man.

Joshua Gee, Acting Associate Pastor of Agape Community Church and Program Director of Agape Road to Damascus Ministry, advised he supports Resurrection Ranch; he knows it is a zoning issue; but places like Resurrection Ranch are needed in the County. He stated he has been clean for three and a half years; spent some time at Resurrection Ranch a few years ago; and is familiar with the people in charge, what they do, who they represent, and what they represent. He stated in this society in general and this County in particular, the need for a place like Resurrection Ranch is paramount; the need for places like Agape, Light of the Lord Ministries, and His Place are paramount; and if the Board needs to change the zoning rules or whatever it needs to be done. He stated over the years it has been found that incarceration does nothing for the addict; it does nothing to change anything; faith-based initiatives and spiritual walks with our Creator and Savior Christ Jesus are changing the face of the addict today; and it is taking the addict, someone who has been a burden on society, and giving that addict a reason to live a right life and sending him or her back to society to live that correct life. Mr. Gee advised he has been clean for three and a half years and has dedicated his life to helping other addicts get clean and stay clean by the grace of God; and there is no other way to go for the addict and the alcoholic. He stated Resurrection Ranch also helps the homeless and to give them a chance to hope; hope turns into faith, faith turns into actions, and actions turn them to good members of society and children of God.

Dr. Samuel Winn of Melbourne advised he has lived in Brevard County since 1957 and as an optometrist since 1973; and for the last ten years, he has provided eye care and glasses to people at Resurrection Ranch as well as dozens of other ministries in Brevard County and as far south as Okeechobee and as far west as Orlando. He stated he visits the Ranch at least once a month and have not witnessed a number of things he heard about today; he personally sent people to the Ranch and provided finances for them; and he does not feel he is in a position to dictate to them their policies or way of doing business. Dr. Winn advised he is working on the details of something that will provide services and bring a quarter of a million dollars into some facility; he would like to see the Board change its zoning regulations to allow Resurrection Ranch to be that facility; and the facility will be the nationwide supplier of eyeglasses in America. Dr. Winn stated he plans to put a mock office where people will be trained to provide eyeglasses similar to what people have when they have their eyes checked; people will also be trained to make glasses, make appointments, and help select frames; and glasses that will be manufactured will also be sent to other restoration ministries. He commented, like the other man who spoke, he would like to pay a million dollars in taxes.

Shirley Leslie of Melbourne advised her concerns are the lack of supervision of control at Resurrection Ranch and the safety of their neighborhood and the children at the Ranch. She stated many of them react from fears from the Ranch; some of those fears can be supported by documentation; there are adult criminals sentenced to their neighborhood; and there were 186 9-1-1 calls, which do not include those from local residents. She stated there were trespassing violations, condoms and rags found in their yards, vagrancy, public alcohol consumption, trashing her mailbox, and constant overflow of strangers walking by her house. She stated not long ago she watched one of the residents walk along U.S. 1 with an open beer can, take a drink, and toss it before he entered the property; the same person was later seen by others doing things; he rode his bike on Wickham Road after the last Commission meeting; and anyone who lives in the neighborhood has heard about her because she is the one who calls the County about Code violations. Ms. Leslie stated she called Earlene Colter about one of the Ranch’s children standing alone in the drain on U.S. 1 in early morning traffic years ago; and she is the one who confronted them about someone refusing to move so they could see oncoming traffic on U.S. 1, and about the vagrancy, their wooded property, and the man lying in her driveway when she came home one day. She stated she is the one the neighbors talk about when stories are told about them putting donated vehicles out in mass so they can upset her; she is the one who expressed anger at County staff for lying to her husband; and she is the one reminding the County that there are very young children living not with just adults, but with State-funded released criminals. She informed the Board that middle-aged children were involved in grant projects at the facility; she worked for 32 years and paid her taxes and did not live off the system; because of her work schedule, her daughter must walk home from her bus stop among more than a normal concentration of freed ex-criminals and other homeless groups of men; and as Mr. Hedman said, they are not pretty and they are not all good. Ms. Leslie stated the Ranch needs additional supervision; they need checks and balances; and inquired why are the neighbors the only ones who keep them in line, why has the County not known for the past 19 years whether or not the Ranch has proper licensing, and why has the Ranch not had its own internal checks for all those years to assure that what they do is in compliance. She stated they deserve some type of County intervention; it is not a safe shelter; the people do not live at just one location like other homeless or treatment facilities; and they do not live on the edge of an airport like the Girls Ranch in Melbourne or an industrial area like Circles of Care. She stated they live interwoven within their residential area; the Ranch owns property all around the neighborhood and has past convicts living on Ranch properties next to their side and back yards; those people hide in bushes, drink in public, and move freely throughout the County while breaking laws and trespassing; and they are unabated. She stated the Ranch is trying to buy even more property in the neighborhood and expand their facilities to the west lots closer to Wickham Road to allow for more intense influence of homelessness and criminal elements. She requested, when the Board looks further into the living situation of the Ranch, that it consider a few things; stated there are people who have lived there for many years; and an effective program would turn people back out to become contributors to society and self-sufficient. She stated they also want to assure the Ranch has no religious discriminations contrary to its sign on U.S. 1; and they also want to investigate why a building cited by the County has been allowed to exist for so many years in violation of the Code.

Commissioner Colon stated she does not understand the issue about the middle-aged children; with Ms. Leslie responding there is a church that has a program that sends children into the community to learn how to do certain things, how to help the neighborhood, etc.; and those are sixth to eighth graders. Commissioner Colon inquired if they are going to Resurrection Ranch; with Ms. Leslie responding they have, but she does not know if they still are, but their synopsis projects that they would. Commissioner Colon stated she thought there was some impropriety that Ms. Leslie witnessed and that is why she asked about it. Ms. Leslie stated it is in writing.

Mark Leslie of Melbourne stated it is not about the neighbors attacking those who have gotten good from Resurrection Ranch; it is not about the good they are doing; and it took him a lot of soul-searching to get to this point. He stated it is not fun; he would rather sit through a Parks and Recreation Committee meeting with Tortoise Island residents than deal with this issue; but they have some issues they need to address; and requested more time. Chair Higgs advised Mr. Leslie that he needed to confine his presentation to five minutes. Mr. Leslie stated in Mel Scott’s report, he talks about the RSSF definition; he maintains the RSSF definition is germane to this case and relevant to the zoning and attached to the zoning; and in the language they have assigned residents for a treatment or recovery facility, ACLF, group home, or whatever it is. He stated they are dealing with assigned residents; it is an umbrella definition that attaches to each of those subcategories; from that they looked at the definition of assigned resident; assigned resident is someone who has never been convicted of a felony; and that is the issue. Mr. Leslie stated they have had twelve years of this and the Board is only giving him five minutes; he has a problem with that; he agrees with Mr. Scott’s opinion that Department of Corrections Contract is contrary to the ACLF definition; however, he would attest it is not the only violation. He stated the Ranch has association with other jail ministries; local judges sentence people to the Ranch as a condition of release; and urged the Board to make a determination regarding the relationship between local correctional systems and the Ranch in terms of its consistency with the RSSF and ACLS definitions. He stated the Ranch said it is a treatment and recovery facility for ex-convicts and others; that is not consistent with the RSSF and ACLF definitions; Mr. Scott’s approach is assertion; he has a question for Commissioner Carlson; and inquired where did the resolution come from certifying their consistency. Chair Higgs advised Mr. Leslie the Board understands his question, but he should continue his presentation. Mr. Leslie stated his supposition about the resolution is that someone asked for it because it was required for the RFP for the contract with the Florida Department of Corrections, which states, “Contractor’s facility shall meet all State, County, and city zoning, permitting, and licensing requirements necessary to operate the facility and provide documentation of compliance with all such requirements.” He stated if he finds that the resolution is the supporting document, it is his opinion it is a rezoning without due process, and the Board has a serious problem; the Board has let this grow and grow and nobody is paying attention; and they are asking the Board to pay attention now and hope that it will. He stated they want to resolve the issues; the facility is not zoned for what it is doing; it does not have the square footage for the number of people they have; and they have a land grab going on. Mr. Leslie stated the Board is not listening and the people need it to listen; they are a small group of people and need the Board’s help; he sees all the votes in the audience; and he is afraid that the Board is not going to listen to the little guy. He stated it is something they are very serious about; they need some protection and need the Board to step up and understand they have a problem; it is not that they hate anybody or are out to get the Ranch; and they simply need the Board’s support. He stated there are other questions that were asked, i.e. what is the actual square footage of the facility, were tax dollars used to purchase other property outside the CUP area, what is the determination regarding the properties outside the CUP area, and are the houses owned by Happy Landing Homes in the neighborhood authorized living quarters for residents of Resurrection Ranch ministry. He stated he would like to have any exparte communications the Commissioners may have had with the Resurrection Ranch; and presented letters to the Board, but not the Clerk.

Ginger Ferguson of Cocoa, Executive Director for the Coalition of the Hungry and Homeless WIN Program, advised they know the needs in the community for emergency shelter and transitional housing, and most of all affordable permanent housing for low-income residents; they know of the wonderful work the Resurrection Ranch has done; but they are here to talk about zoning issues. She inquired why is there nowhere in Brevard County or any municipality that has zoning that allows for emergency shelter; stated it is exclusionary zoning; and there is nowhere where someone can provide transitional housing and a rehabilitation program like the Resurrection Ranch faith-based program without applying for a CUP and go before public hearings and having the communities and neighbors that are concerned and fearful of “those people” objecting. She stated “those people” are everywhere; they are literally living in their backyards and woods; they are more of a threat when no one knows where they are and who they are, and when they are living in neighborhoods where there are people who do not understand that they are their neighbors. She stated they have a right to live and have a place to go, a place they can get the help they need; and inquired if the Board can guarantee her that someone in her own neighborhood is not going to be a threat to her or that her neighbor is not a convicted felon. She stated in the Guardian Paper that is published every month, there are convicted pedophiles; everyone knows where they are because it is in the paper; and inquired if anyone knows whether their neighbors are convicts. Ms. Ferguson stated their planning process is through the Board of County Commissioners, Continuing Care Coalition, and Community Mental Health and Community Solutions Committee; they realize the need for housing; hard-working people doing 90% of the labor can no longer afford a place to call home; the medium price last year was $123,000; prices are escalating; and that is why they must have zoning in place for people who work hard and do not make a lot of money. She stated right now two people working at minimum wage cannot afford to rent anywhere; someone on disability income of $540 a month is at risk of being homeless; and homelessness is so traumatic that it presents symptoms of other mental illnesses and diseases. She stated alcohol and drug use without places like the faith-based initiatives and the other agencies that are working to provide community solutions to the problem will be in serious problems because they would have to spend taxpayers dollars either up front or on the back end. She stated they put people in jail because they violate ordinances and do things criminally when they are desperate; desperate people commit desperate acts; so when they provide assistance, they save taxpayers dollars. Ms. Ferguson stated they can help many more people with zoning, affordable housing, and supporting faith-based groups; there is fear everywhere in the community ever since 9/11; they do not know what is going to happen with them; but they know when they provide help and love and encouragement, people can recover through the grace of God.

Pamela DeFoe of Melbourne advised she bought a house in November at the end of Capeview Lane; she sees all the activities going on, the drug dealing, prostitution, etc.; the railroad got charged $30,000 because one of those people drove their vehicle through the woods on the railroad tracks; and those things go on all the time. She stated she woke up one morning with one of their cars blocking her driveway; she called the Sheriff’s Department; they came to her house five minutes after she called and those people were pushing it back; and now it is sitting at the Resurrection Ranch and is unsafe because they are not supervised at all. She stated they go into the woods; there is a doctor’s house that is at the end of the road; they cut the fence to go in there to smoke drugs or whatever; and when they walk through the neighborhood, they see beer cans and everything else. She stated people are given tickets for driving without a license; those people are driving up and down the roads with no license, tags, or insurance; but if it was her, the law enforcement people would put her away. Ms. DeFoe stated there is a five-year old child in the neighborhood who dodges vehicles, and his parents do not even know where he is; and his parents are best friends with the people at Resurrection Ranch, so they are all going to stick up for them. She stated they need the Codes to benefit them because they are the ones who are paying the taxes; and they are the ones who take care of their neighborhood. She stated everyone deserves a second chance, but when they do it over and over again, it is ridiculous; the Commissioners should come to the neighborhood and sit there for a week at a time and see all the misfits that are coming in and out of the woods; it is unfair; and they would not want it in their neighborhoods. She stated if they were supervised or stayed on the five-acre facility, it would be all right, but they come and go in and out of their houses sneaking in their windows; she lives at the end of the road; and they have no business back there. Ms. DeFoe stated the little boy came to her driveway; and his mother did not even know where he was. She stated the Coast Guard went around to all the little islands; they have piled up canoes and boats with all kinds of things and are living on the islands; it is not a facility where people are watching anybody; and inquired if the Board is going to wait until they go to Suntree and break into someone’s home there. She stated it is unfair to them; when she bought her home, the property was appraised so low that nobody wanted to buy the house and nobody told her about Resurrection Ranch; so when she pays her taxes, they are going to be high, but her appraisal will be so low that she will not be able to sell her house; and she cannot just give it to somebody. She stated she works at Sea Ray; at 4:00 a.m. she goes to work; those people would be out in the middle of the road or whatever watching television and stuff; they are not supervised; they are out being misfits, and she is out there trying to make a living; she lives by herself and pays her own taxes; and if she can do it, so can everybody else. She stated they are given 90 days to have a chance to rehabilitate themselves; they should have a week then go out and get a job because she owns her own fence company and cannot find anyone to work; nobody wants to work any more; they want to live off the system; and it is not right for America or taxpayers for anybody to live under the system and hide under the Lord’s skirt tail.

Cheryl Howell of Cocoa with Continuum of Care, Director of Services for the WIN Program Coalition for the Hungry and Homeless, stated she heard a lot of good issues on both sides of the issue this afternoon; she worked in the County for seven years with homeless people and people in need; and Brevard County has a lot of people in need. She stated she worked for 25 years; sometimes she worked two jobs to do things she needed to do; and it is important for her as a person and citizen to know that sometimes others are not able to do what she has done simply because they are who they are. She stated in medieval times, they took alcoholics and locked them away, but today they are a more intelligent society so they gather their knowledge and address problems in different manners and search for intelligent decisions for what is going on in society. She stated every point made today is a valid point; however, society has a responsibility to take care of society; and she loves being an American because with or without power or money, she is not reduced as a human being. Ms. Howell stated they rely on individuals like the Commissioners; they vote them in office because they can rely on their abilities and integrity to squarely look at a problem and make a decision for the good of all, not just a select few. She stated it is not an issue of whether or not it is a worthy cause because they all know it is; it is not an issue or whether or not it is something that is needed because they know it is; but it is an issue of fear and intolerance and irresponsibility. She stated when she purchased her home, she did not have to submit a biography to her neighbors to purchase it; she had a certain amount of responsibility and did her homework and made a choice of whether or not she wanted to live in a neighborhood and if it felt good and right for her; and she believes they all have that responsibility. She stated she cannot change what is and needs to respect and honor the process; and inquired what will happen to the people if they do not step forward; and where are they going to place them. She stated everyone has a responsibility for his or her brothers; there is a famous saying that is, “When much is given, much is required”; and as citizens of the United States of America, they are given so much, are required to do so much and to step up to the podium and meet the mark, which is expected of all; and when they look at what is for the greater good of the community, it is important that agencies take responsible steps to solve what is going on.

Richard Brace of Merritt Island advised he has been a resident of Brevard County for 31 years; is a retired Army Chief Warrant Officer; and in the last three years of service, he operated a drug rehabilitation program in Vietnam and at Fort Devens, Massachusetts. He stated their goal was to return troubled soldiers to active and productive duty; in some ways they were successful and in other ways they were not; and those they were not successful with were separated from the Army, put into the civilian community, and referred to the VA for assistance. He stated there are people who are put into correctional institutions and places like Brevard County Detention Center; but very little correction is going on and a lot of institute; and when they serve their time and pay their penalties, they are released back into the community. He stated they all agree there has to be places for those people to go to; Brevard County is no different than any other society across the country; and there has to be places for people to be rehabilitated and work back into the system to become productive citizens and taxpayers.

Mr. Brace stated if the Board is going to decide where in Brevard County it is going to put a situation like Resurrection Ranch, he would think not in Sunset Lakes, not in LaCita, and not in Suntree; and everyone agrees they have to have those places; but they do not want them in communities and neighborhoods. He stated there is a facility within the community; it is doing the job and has been doing the job; it will continue to do the job; and if the zoning is inappropriate or inadequate, the Board has the ability to correct that. He requested the Board give Resurrection Ranch what they need to keep up the good work.

R. Joshi of Melbourne advised he owns the Shell Station south of Pineda Causeway and has known David and Stephanie Miller for ten years; they are fine, honest, and respected people; and they are doing a good job for the community. He stated he tried to help the community by providing jobs within his premises and so far has not seen anyone doing anything different; they are strong hardworking people, and everybody is trying to get on their feet; and he has put three people on their feet at this point. He stated he is sure the Board will make the right decision.

Maura Emerson of Melbourne, advised she is a Suntree mom; her husband has a wonderful job as a business consultant and travels a lot; she is alone at home with the children a lot of the time; she does free-lance decorating consulting; and two and a half years ago she volunteered at Resurrection Ranch and informally wanted to see what was going on before making any commitments to the ministry. She stated she asked staff to see different pages on the screening process and asked extensive questions about the people who live there; and generally observed the operation. She stated during that time she brought her children with her to the Ranch; her daughter, who is four now, was very young then, and her son is six; and she did not observe any pollution with beer cans and other things. Ms. Emerson stated there are more children running around in the streets in Grand Haven than at Resurrection Ranch; the Ranch is a safe haven for her children to play; she considers herself a responsible mother; but other people keep an eye on her children while she is at the Ranch. She stated the language is clean; the atmosphere has been wholesome; it is a place that she feels very comfortable in; and to give the Board an idea of how often she is up there, she has almost been made an honorary resident because she is there almost every day. She stated there is a problem in the world today; she is not a drug addict and never has been an addict; but she believes drug addicts are brothers and sisters, mothers and fathers, and children; she does not think there is a family that has not been touched by all kinds of dysfunction; and in this world, people can be part of the problem or part of the solution. She stated she wants to teach her children how to be part of the solution and teach others to become part of the solution; and that is what she sees in the ministry of Resurrection Ranch. She stated in the two and a half years she has volunteered at the Ranch, she has found a balm for her soul there; and if most people entered those grounds with the same attitude that others come there with desperate needs, they would find that they will also be edified by the staff and the program of Resurrection Ranch.

Walter Schilling of Hope Episcopal Church in Melbourne, advised he is a Rector in Suntree; has been in the community for 15 years; and practically from the beginning has been involved with Resurrection Ranch at the community services of Easter and Thanksgiving. He stated Dave and Stephanie Miller have been members of his congregation, as have a number of the residents even if it is only for a few months while they are working through the program at the Ranch; their children attend Sunday school; and one of the youth of Resurrection Ranch is going on the Honduras Mission in June. He stated the Ranch people have come over to the church they built in 1997; and in 2000, if it was not for the Ranch, they would not have sod. Rector Schilling stated he has been at the Ranch during construction projects over the past years and painted one of the buildings; his daughter has gone with Stephanie Miller to one of the prisons with the Prison Fellowship to learn how Ms. Miller ministers in that; and his daughter is learning how to administer to people who are incarcerated and need a second chance in life. He stated during the 15 years, he has seen a number of construction projects go on at the Ranch as they renovated buildings, tore down buildings, and built new buildings to make it better; he has seen where they ran into zoning problems with a septic tank that was there and it was not adequate and they had to put in a new septic tank; and he remembers the comments about zoning issues and getting permits and those are the things he knows they faithfully went forward to do. Rector Schilling stated he is also aware there has been a tremendous spirit of cooperation over the years with people in the County to make sure the things work because the zoning and permitting for the original place had some issues with the CUP that needed to be attended to; there has been that spirit of cooperation; and he encourages that spirit of cooperation continue even if it means readdressing the zoning, changing it, and doing what needs to be done. He stated he is on the Suntree/Viera Association of Churches and pledges his commitment to be involved with them, to review and look at issues of supervision, control, and oversight with Resurrection Ranch ministry; and he pledges his personal support and the support of Hope Episcopal Church and to talk to Suntree/Viera Association of Churches to make sure those kinds of supervision issues are also addressed and they are held accountable.

Commissioner Colon stated they want to stick with zoning issues; some of the things that were said is if the Board is to approve this type of facility in any neighborhood, there are certain things it would want them to follow whether they like what they are doing or not; today is about the kind of zoning and things they would respect; and she feels strong about community policing and community safety. She stated this issue is extremely important to her because she does not see folks sitting here as a vote; those are human beings with lives and serious concerns; the majority of them are not even from her District; so this is not about a vote. She stated the zoning part is important, but also the safety part; and she believes in accountability by human beings. She stated her mother was a single parent and had three jobs; she believes in the good Lord and being able to work hard; but she also believes people need to have a certain responsibility. She stated some of the questions that were asked are some of the questions that she wants to ask the attorney and the folks who run it. Commissioner Colon stated they talked about transitional housing and folks who have lived there for months and months; she wants an understanding that if that kind of facility is to go anywhere in the County, there are certain things they have to follow; and inquired how is transitional housing defined. She stated there were allegations about not having licenses; she has an issue with that; and if it is not corrected, then she expects one of the directors to answer it. She stated she wants answers on the fence variance, square-footage of the facility, and protection for the residents where those kinds of institutions are allowed to go into a neighborhood. She stated those folks deserve to be protected just like they would if they lived in Suntree, Viera, Palm Bay, or anywhere else. She stated their right to be protected should not be different than in a community with half a million-dollar homes; and the Board’s job is to protect them also. Commissioner Colon stated today may be a blessing in disguise to make sure everything is done correctly; she supports what Resurrection Ranch is doing and believes in what they are doing; and she wishes there were more places in the community like it; but today they are talking about zoning. She stated if there were things in the past, she does not know who is telling the truth and who is lying; but she wants to make sure the rules are in place so those things are not happening; she does not want anyone wondering in the neighborhood or peeping in windows; and she wants the people in the community to feel comfortable. She stated she has some concerns if some of those things have happened; it is their job to be accountable; and she holds them completely responsible for that. She stated she is extremely protective of children and wants to know if there is a new category or new zoning the Board can consider to make it right; there are certain things the institution will have to abide by; she does not want sexual molesters in their backgrounds and taking just anybody in because of the almighty dollar; so if they all work together to protect the neighborhood and make sure there is accountability, they can come to a conclusion where it will be a win/win for both parties. She stated she does not think the Board will solve the problem today; but asked staff to elaborate on some of the suggestions they made. Mr. Scott stated he can proceed with the issues identified in the report. Chair Higgs stated the Board already knows about those issues.

Mr. Scott stated the first issue the Board would have to resolve is the zoning approval that occurred in 1986; and once that decision is rendered, it can go from that point forward. He stated in 1986, the Resolution that was attached to the rezoning action gave them a residential social service facility (RSSF) and the adult congregate living facility (ACLF); and he articulated in the report how the Board historically received and granted rezoning classifications in the mid 1980’s. He stated for years the Board was taking the RSSF term, which he characterized as an umbrella definition with group homes, ACLF’s, and treatment and recovery facilities, which in and of themselves are separate and distinct CUP’s, and in a clumsy fashion they would list the RSSF and select one of those items from the definition and specifically grant a rezoning request. He stated on April 20, 1987, the RSSF is listed and in parenthesis is the ACLF; and with that view of how the Board was granting them, one would come to the conclusion that in that particular action an ACLF was granted. Mr. Scott stated on April 25, 1988, the RSSF had a treatment and recovery facility in parenthesis; in his estimation, the drug treatment and recovery facility, which is a separate and distinct CUP, was granted; however, if one were to go back historically and were inclined to feel that interpretation, which he is offering to the Board today is not the case, it is equally interesting to note that the action itself granted a boys ranch, which is not specifically, per his reading of the Code literally, allowed in an ACLF. He stated the group home clearly talks about families and children being able to be in a group home; the ACLF with the use of the word adult then says adults; and drug treatment and recovery facility does not specify the age; so he would think that again would allow all types of scenarios to exist; however, if a boys ranch was noted and granted, the Board today would have the interpretative latitude to say that the Board at that time was looking at RSSF and granted a boys ranch, which is something it could find in a treatment recovery facility or group home. He stated it is something the Board can discuss and draw logical conclusions based on how it is willing to interpret what the Board did in 1986.

County Attorney Scott Knox advised, from the legal point of view, when the Board grants a CUP, it grants a use that becomes a permitted use under the Zoning Code; so when the Board granted the CUP for the RSSF(ACLF) in 1986, the Board granted approval of those two uses by operation of law. He stated it means the facility has an RSSF, which means the type of operation Resurrection Ranch is running falls within that definition of RSSF; but the Board may consider the possibility that it may have the ability to modify the CUP if it determines there is an adverse impact on general health, safety, or welfare of adjoining or nearby property owners and residents. He stated if the Board finds that is the case, it has the ability to modify it by imposing additional conditions; however, from a legal standpoint, what they have is an RSSF. Chair Higgs inquired if they do not have an ACLF; with Mr. Knox responding they have both. Chair Higgs inquired if they have to meet the Code for both; with Mr. Knox responding no because they can choose to use it for any one of the permitted facilities under the RSSF, one of which is the ACLF.

Commissioner Carlson stated based on what Mr. Knox commented on and what Mr. Scott gave the Board in staff’s report, under the ACLF, as defined, it says, “Generally such facilities shall have more than 14 clients and must be licensed by the State as an adult congregate living facility. If the facility is not licensed by the State, such facility must be approved by the County.” She stated her question goes back to 2002 Happy Landings Resolution that said they abide by the Comprehensive Plan and laws, etc.; but yet the definition implies oversight that she does not know and does not think the Board is in the position to do. She noted there should be some sort of oversight, whether it is by the State or by the County; and inquired how does Mr. Knox read the definition of ACLF as it applies to the Resurrection Ranch. Mr. Knox stated he does not think it applies. Commissioner Carlson stated Mr. Knox said it did; with Mr. Knox responding no, he said they both apply because there are three different alternatives under RSSF, a treatment facility, ACLF, and group home; and they are all different uses. Commissioner Carlson inquired if the Board is obliged to provide oversight, who would have been liable if oversight was not there and the Board allowed it to go in, whether it is or is not an ACLF, and who is liable for any occurrence outside of the particular facility in the neighboring community; with Mr. Knox responding the oversight provision came out of the ACLF definition; that is not the RSSF definition; it is a separate definition; and if it was an ACLF, the Board has an oversight issue under that definition, but it is not what it is.

Chair Higgs stated the Code says an RSSF is, “A governmental, nongovernmental, nonprofit, or for-profit facility providing an alternative to institutional placement in which a caretaker provides 24 hours a day care to assigned residents at a location separate and apart from the assigned resident’s own parents, relatives or guardians. . .”; it does not seem to fit what is going on; and it is not an alternative to institutional placement from what has been represented to the Board. Mr. Scott stated if the Board applies RSSF to the property, then it would also go to the definition of treatment and recovery facility; and if in fact the RSSF were applied to the property, that means they could choose to fall under the definition of drug treatment and recovery facility, which is also cross-referenced in the RSSF. Mr. Scott stated in that definition, the Board would find the programs and services being offered at Resurrection Ranch falling into compliance with the definition that references an in-residence place where a wide variety of personal care and intensive supervision in casework with emphasis on treatment counseling services are provided. He stated if the Board can get to that definition being applied to the facility today, then the scope of the programs and services Resurrection Ranch is offering are in compliance with the Zoning Code.

Commissioner Carlson stated right now they have a CUP for an RSSF/ACLF; with Mr. Scott responding what he attempted to do was frame the issue so that the Board could make a better determination of what it believes the Board granted the property in 1986; and Mr. Knox advised the Board from a legal construction of that approval, it could view the property as having been given an RSSF rezoning in 1986, which would then include a drug treatment and recovery facility definition. Commissioner Carlson inquired if it would not include an ACLF; with Mr. Scott responding that is correct, they could pick and choose, and it would be a very broad approval through that interpretation.

Commissioner Pritchard stated it seems as if what Mr. Scott says is in 1986, it was a CUP for a school, residential service facility, ACLF; so it seems that the intent of the Board in 1986 was to approve both conditions. He stated Mr. Scott raised the question whether the Board made that approval in 1986; it appears as if it had; so it takes it back to where they are today. He stated Commissioner Colon brought up the issue of the neighbors; and inquired if they are being subjected to something that is going on and it is not part of Resurrection Ranch, then what is it part of and where is it coming from. He stated the neighborhood has serious problems with people living in the woods, banging on doors, etc.; the folks at the Ranch are doing good work, but there is still a problem; and inquired where is the problem coming from and what can the Board do to address it. He stated that is an issue that needs to be addressed; his assumption is, since it was approved in 1986, that is what it is and apparently they have been operating under the constraints imposed in 1986.

Mr. Knox stated he thinks it qualifies under RSSF; and Mr. Scott is right about the treatment and recovery facility; and by virtue of that definition, the Ranch qualifies. He stated the issue that Commissioner Carlson raised about supervision, because it requires either State license or County Division of Health and Social Services approval, the State has taken that away, so the County does not have that authority. He stated if the Board is concerned about how the operation is impacting the neighborhood, it has the ability to do something about that by modifying the conditions of the original CUP if it finds that it is a problem. Commissioner Pritchard stated that is if the Board finds out the problem is originating from Resurrection Ranch; but it could be others who are coming into the neighborhood, and maybe one or two from the Ranch.

Commissioner Carlson stated one of the speakers brought up the success and failure rate; and she does not know how accurate the numbers are, but would like the Ranch or whoever to take the question on regarding the success rate versus the failure rate. She stated obviously the success rate is wonderful, but she wants to know what procedure the Ranch uses to deal with those who do not choose to carry on through the program. She inquired what do they have them do, and do they give them a ticket out.

Mr. Miller stated because of the nature of their program, and because they are a group home facility and not a motel/hotel, the local Sheriff’s Department gives them the ability to discharge any individual upon request; and it does not take a three-day notice or 30-day commencement of a court proceeding. He stated if he calls the police and tells them his residents are no longer in compliance, they will immediately escort them off the facility; and it takes about five minutes. Commissioner Carlson inquired where do they go; with Mr. Miller responding the Ranch provides them a ride to any institution in the County they choose to go to or back to the neighborhood they were in; and it has happened in the past. He stated Mrs. Knox indicated that some of the residents are doing things in the neighborhood; the one and only complaint that she came to him with was that her husband said one of the gentlemen was disrespectful to them; and it was not a serious crime. He stated they said the gentleman, in a loud and boisterous manner, was disrespectful to Mr. Knox; he asked that resident not to go back towards their house again; he did go back two days later; ten minutes after he heard about it, the gentleman was released from the facility; and that was just for being loud and boisterous to a neighbor. Mr. Miller stated the Ranch owns approximately five acres of wooded area that is currently not being used; the subdivision in mind happens to be in the actual cloverleaf of Pineda Causeway; anybody coming down U.S. 1, who is homeless and wants to get onto Wickham Road, finds a shortcut down Otter Creek Lane to Old Dixie Highway through the neighborhood, and cuts through the Resurrection Ranch tracts and continues on down; and if they are drinking, the beer cans may be thrown on the ground. He stated they recognize the problem; they tried to address that with their neighbors saying if they find somebody back there having sex or doing something wrong, to feel free to call the police; and they interpreted that as being able to stop anybody who comes down the street and disrespectfully tell them they are not allowed to be in the area. He stated that convoluted the problem because now they have legal residents at the Ranch with people who do not belong in the neighborhood being treated the same; and that has been part of the fear and mistrust in the neighborhood. He stated as administration at Resurrection Ranch, he cannot constitutionally tell someone he or she is not allowed to walk in front of the Resurrection Ranch property.

Commissioner Carlson stated she understands his communication with Ms. Knox, but there are other members of the community who spoke today that had different issues. Mr. Miller stated besides Mr. Leslie, the other neighbors have been living there for no more than four months; Mr. Leslie has been there long enough and had unique situations from some people through the years, just as he has; and while the Ranch has been at the property, there has been a family living around the corner from it that has two mentally-challenged people living there. Chair Higgs stated they need to stick to the zoning issues if they can. Mr. Miller stated regarding lack of control, as administration, they are trying to do what they can; and if there are any recommendations that can improve it, they would be more than happy to try them. He stated going along with what Scott Knox was saying, it is their understanding that in 1986 when they were given the RSSF and ACLF, the County deemed they should be under County approval; the Code says it can be either State or County; and Mrs. Knox can no longer find any State regulation at the facility because it was turned over to the County. Mr. Miller stated they have facility inspections twice a year to make sure the living conditions are suitable to the Health Department for the clientele living in the area; the Health Department waived the square-footage rule; it required them to have safe living conditions for the people on the facility; and they have met the toilet requirements, living conditions, but not the square footage rule, which was waived. Chair Higgs stated the Health Department is a State Department. Mr. Miller stated it is the Department that regulates the Ranch; they come in twice a year to inspect; they are monitored by the Health Department through food services where they make sure the place is clean and the kitchen is up to Code; so that is why Ms. Knox did not see any regulations because it was turned over to those agencies at that time. He stated to the best of his knowledge, that is what was required at the time.

Commissioner Scarborough stated the Board is dealing with technical issues Mr. Scott brought up; the neighborhood has issues that the community brought up; and if the Board deals with the technical issues and addresses the CUP, it will be incumbent upon Mr. Miller to be cognizant that the Board would probably want to put some parameters in to give it some assurances.

Chair Higgs stated the Board needs to get to a motion or course of action.

Commissioner Carlson stated the course of action is to redefine the CUP so that it fits within whatever they have or to go forward with institutional zoning; and inquired what is the best course of events based on what was heard. Scott Knox advised based upon what has been discussed today and what Mr. Scott discussed and he discussed, the Resurrection Ranch seems to be properly zoned for what it is doing; the only issue he sees is that the Board may want to address whether or not there are any conditions it may want to impost to modify the CUP; that would address some concerns it heard about activities in the neighborhood, which would require initiation of either a modification, or if the Resurrection Ranch wants to proactively come in and apply for modifications to address those issues and propose conditions, they can do that too.

Commissioner Colon requested the Board allow her and Commissioner Pritchard to work with the neighbors and Resurrection Ranch to try and modify the CUP with some kind of restrictions that it would impose on any new institution going into a neighborhood and basically start from scratch. Chair Higgs advised it is in Commissioner Carlson’s District.

Commissioner Carlson stated the best way to go about it is to bring the community and Resurrection Ranch together with staff and iron out additional requirements in terms of what they do, procedures, etc. for those who do not want to commit to the program and for those who do want to commit; and the motion should be to direct staff to work with the community and Resurrection Ranch and bring back additional conditions the Board can consider.

Chair Higgs inquired if it would be administrative rezoning; with Scott Knox responding it would be the equivalent unless Resurrection Ranch wants to make that proposal and say they would initiate the application for modification; but he does not hear them doing that. Chair Higgs stated if the Board does it, it will be initiating it and bringing it forward to be amended. Commissioner Carlson stated they need to work together; and she or her staff would be glad to do that with the community, Resurrection Ranch, and staff, to talk through some of the issues to see what other kinds of conditions they might be able to lay out that would be amenable to all parties so they can come up with a win/win scenario.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to direct staff to work with Resurrection Ranch and the community, and bring back additional conditions that would be amenable to all parties for the Board’s consideration; and to initiate administrative rezoning to modify the conditional use permit, with required notices, etc. Motion carried and ordered unanimously.

Commissioner Colon inquired if there are other institutions the Board should be overseeing other than Resurrection Ranch. She stated since this issue was brought to the Board’s attention, she is interested in finding out if there are others that are under the same scenario; and requested staff look into it to find out who else may fall into that category.

Chair Higgs inquired if staff has a timeframe for the action; with Assistant County Manager Peggy Busacca responding 90 days and perhaps longer. Chair Higgs advised it would have to go through the normal process before the LPA, P&Z Board and then to the Board of County Commissioners.

Ms. Busacca advised there is another issue regarding the Ranch; there is a scheduled hearing on June 17; and inquired if the Board wants to abate that action until the issues are resolved, or should staff continue to move forward. Commissioner Pritchard inquired what is the purpose of the hearing; with Assistant County Attorney Teri Jones responding there is no purpose to the hearing because it was a violation of the ACLF, and there is no longer a violation. Commissioner Carlson inquired since it is not considered an ACLF, is the Department of Corrections Contract current. Chair Higgs stated the Board did not say it was not an ACLF. Commissioner Carlson stated that is what Mr. Knox said a couple of times. Mr. Knox stated what he understood Mr. Scott to say was fitting words of the treatment/recovery facility rather than an ACLF; and it is something other than an ACLF, but it falls within the RSSF.

Commissioner Scarborough suggested the Board abate the hearing even though it may not have an issue, but it may want to come back.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to abate the June 17, 2004 hearing regarding Resurrection Ranch for 150 days.

Commissioner Carlson stated she does not have a problem with the motion; but inquired, with questions on the DOC Contract, ACLF, and everything else, would it be prudent to request Resurrection Ranch not take on any additional clients from DOC until the Board comes to some conclusion, or is it comfortable with allowing that Contract to go on. She stated it would not be to take away anyone who is at the Ranch, but not allow additional folks to come onto the Ranch based on the Contract; and inquired if that is something the Board ought to be concerned about in terms of liability.

Mr. Knox stated he can get an impression of what the Ranch may think about imposing those conditions. Jason Hedman stated from a legal perspective, it is their position in 1986 they were granted approval from the Board to do what they are currently doing; it was confirmed in 2002; they are still doing the same thing; and their position is if the neighbors have a concern, someone is out there throwing beer cans, they have a wonderful police department and pay a lot of money to put road deputies out there to arrest people. He stated they have guidelines to control their residents; and he does not think the Board has any legal ability to tell his client who can and cannot go there. He stated the Board is addressing land use issues; they want to be good neighbors and find a solution; that is why they are here and happy to try and facilitate some kind of accommodation; but he does not think, from a legal perspective, but maybe the County Attorney can enlighten him, that there is any ability legally, short of some kind of injunction, to restrict their freedom of association of who comes to the property. Mr. Knox stated the Board can do that; Mr. Hedman needs to look at the definition of assigned residency; there are certain categories of persons who are qualified as assigned residents under the RSSF; there are certain ones who do not; so to that extent, if the Ranch has anybody there who is not qualified, that is where they need to be concerned. Mr. Scott stated, he would add, as a courtesy to Resurrection Ranch, as they go through the process, even if they are not embracing the fact, there is a drug treatment and recovery facility applied to the property by virtue of the RSSF being blessed by the Board; however, there is still a square-footage requirement of 250 feet, so staff will also be looking at the facility; and that is part of the direction the Board has given staff as they go through the process in the next 120 days. Mr. Hedman stated there may be a need for some clarification; Resurrection Ranch is a life recovery facility and not a drug/alcohol treatment facility; it is not licensed or is seeking licenses for that; they basically do family restoration; it is a ministry trying to reconcile what the Board heard today; and he respects the difficulties, but the fact that they have been there since 1986 makes it difficult for them to have such changes. He stated he heard a lot of people say there has to be supervision; but the last time he went to the District Court in Orlando, it said there is no licensing requirement and they do not have to have a permit, but have to get permission from the government to help their fellowman. He stated he hates to be the one to bear that news to the Board that supervision has to come from on high because it is not what the law says; but they want to cooperate and assist as much as they can. Mr. Knox stated he agrees with that and there is no supervision requirements in the Ordinance either.

Chair Higgs called for a vote on the motion to abate. Motion carried and ordered unanimously.

Commissioner Colon stated she wants to be perfectly clear now that Resurrection Ranch is under the County’s guidelines; the Board can deny the CUP right now if it wants to; so they need to realize that. She stated the Board has the power to do that; she does not think it realized that before because it was thinking it was the State, and the Ranch was thinking the Health Department was the County, but it is the State. She stated now the Board knows the Ranch has to abide by its rules; and she wants to make sure that is perfectly clear to everybody.

RESOLUTION AND INFRASTRUCTURE REIMBURSEMENT AGREEMENT WITH
NANCY PILMONAS, RE: CONSTRUCTION OF SEWER MAIN ON NORTH
COURTENAY PARKWAY

Commissioner Pritchard advised he received a request to table the resolution and agreement with Nancy Pilmonas until May 25, 2004; and it is okay with the parties and Mr. Martens.

Motion by Commissioner Pritchard, seconded by Commissioner Higgs, to table a resolution and infrastructure reimbursement agreement with Nancy Pilmonas for construction of a sewer main on North Courtenay Parkway until May 25, 2004. Motion carried and ordered unanimously.

The meeting recessed at 1:36 p.m., and reconvened at 2:21 p.m.

PUBLIC HEARING BY BAREFOOT BAY WATER AND SEWER DISTRICT, RE:
RESOLUTION AUTHORIZING ACQUISITION OF SNUG HARBOR UTILITY SYSTEM

Chair Higgs called for the public hearing to consider a resolution authorizing acquisition of Snug Harbor Utility System.

Mortimer Rothstein of Micco presented a document to the Board, but not the Clerk; stated Commissioner Colon said it is a crime; and inquired who is to blame, not the residents; they are the ones who suffer from pain, distress, bad water, and poor sewer service; and the developer Burkim Enterprises is to blame. He stated he has been working on this problem for many years with people from Snug Harbor Lakes and the Village; he asked the developer’s manager one day why is there a bottled water cooler in the office; and her reply was she does not drink the water there. He inquired if it is not good enough for the office and sales help, why is it good enough for the residents; and who is at fault, the Health Department, Environmental Protection Agency, Department of Environmental Protection, Burkim Enterprises, or a public advocate including his attorney for not helping them in any way. He stated the biggest fault lies with the Public Service Commission (PSC) in Tallahassee; they say they work for the people; and he would like them to show him they do. He stated Burkim's attorney said he is entitled to make a profit, and he is; but how much of a profit and for how long a period of time. He stated he would like to ask the attorney if he would drink their golden water or allow his parents to drink it, and if his home was on fire would he feel safe calling 9-1-1 or Burkim who has to come up and start the backup generators. He stated Burkim paid $250,000 for both the water and sewer facilities; he paid $110,000 for the water; and he has the documents from the County’s tax office to show it. He stated Burkim paid $100,000 for the sewer treatment plant; received $20,000 on an insurance claim when the tank blew up a month after he bought the plant; so that brings the price down to $170,000. Mr. Rothstein stated the Environmental Protection Agency and Department of Environmental Protection are to blame also; no fines were issued to fit the crime, only a phone call to Keith to fix the problem; and they laugh and the residents cry. He stated mangroves were cut down in Sebastian below the State level behind the community center; the Department of Environmental Protection fined the City of Sebastian $5,000 for mangroves; he understands they are important for the ecology; but they are also important for life. He inquired where has the PSC been; and stated nobody in Tallahassee cares about them. He stated they look to the County Commissioners to fix the damage, send Burkim’s attorney, Mr. Jenkins, back to Tallahassee, send Burkim back to Martin County over the Sebastian River Bridge, and give them their lives back. He stated the Board is a court of laws; it should demand that they answer; they owe it to the people to respond to false documents; and they are asking for the truth and justice for all of them. He thanked Gordon Blouser and James Arpino for their reports on the raw sewage in the drainage system, which goes into their lakes, the human wastewater, and fire protection. He requested the Board buy the utilities; and note he hopes it will be the end of this problem.

Alida Hirschfeld of Micco stated the reason they are here today is the purchase or quick condemnation of the water and sewer facilities known as Burkim Enterprises; and showed the Board a water sample taken on March 21, 2004 from her kitchen faucet that had gone through a water softener and filter system. She stated it is a typical Sunday water problem which she finds to be criminal negligence of their health by the water company Birkim Enterprises; and it has given them no other option than to request the County to step in and give them potable drinking water. Ms. Hirschfeld requested if the County purchases the system, if it would withhold $200,000 from the purchase price and put it in an escrow account for those who purchased new homes in 2002, 2003, and 2004 so they can get back partial repayment of their hookup fees. She stated the fee was $475 through 2001; in 2002, when she purchased her new home, it went up to $1,575; those who bought in 2003 and 2004 paid approximately $1,800 a unit; and she would like to see the $475 deducted from what they paid and the remainder reimbursed to them. She stated it would make all of them residing in Snug Harbor paying an equal amount for water and sewer hookups. She stated if it remains this way, she would have to pay $1,575 to Burkim, which she has done, and $1,700 to the County, for a total of $3,275 plus what she paid for a water softener and filter system. She noted that is some price to pay for drinking water plus the monthly charges. Ms. Hirschfeld requested, if the County decides to dispose of the sewer treatment facility area, part or all of the property go to the Snug Harbor Master Board so they would be able to have their RV’s and boat storage area. She stated as of now, residents in Snug Harbor rent the property from Burkim Enterprises; and urged the Board to vote yes to give Snug Harbor good drinking water.

Commissioner Carlson inquired if Ms. Hirschfeld had the water tested in terms of water quality; with Ms. Hirschfeld responding yes, she took it to an independent consultant and they told her to take it to the County and that is how some of this started. She stated she had the County come out and check her water; they said that she had bacteria in it and that she should not drink it; and that they came back a week later, and it had cleared up. She stated she had it tested by an individual and the County. Commissioner Carlson inquired if Ms. Hirschfeld had it tested over a period of time; with Ms. Hirschfeld responding she has not for about a year, but she does not drink the water and buys ice and water.

Bill Lipscomb of Micco passed on his comments.

Jenarita Aldrich of Micco, President of Snug Harbor Lakes Condominium Association and President of the Master Association for Snug Harbor, stated a neighbor who was unable to attend the meeting because of his wife’s physical condition removed a filter from his water filtering system and informed her it was exactly 30 days; and she showed the filter with rust and yellow gunk on it to the Board. She stated there are certain differences in the community; there are things that are important to some and not to others; for example, the storage area is a legitimate concern; and they hope in the future they could address that if it is possible. She stated another concern is the impact fee, which has been addressed over and over before the Board; they will solve the impact fee problem one way or another; and they will also eventually find a way to solve the storage of boats and trailers if it becomes necessary; but the problem they cannot solve without the Board’s assistance is the problem of not having suitable drinking water and water they are not afraid to drink. Ms. Aldrich stated she knows this has not been an easy path, and there are other issues with the land, RV’s, and impact fees; but requested the Board not lose sight of what is important, and that is the 402 units in the Lakes and 87 units in the Village. She stated what is important is that they have suitable healthy drinking water; and they hope the Board will keep that in mind as it goes through the difficulties it will encounter with this issue.

Chair Higgs advised the Board failed to make a motion to go into the Barefoot Bay Water and Sewer District Board; and inquired if it can make a motion and incorporate the previous comments; with Mr. Knox responding yes.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to convene as the Barefoot Bay Water and Sewer Board, and incorporate previous comments. Motion carried and ordered unanimously.

Cara Keller passed on her comments.

Everett Vail presented a bottle of water to the Board; stated he is a year-round resident of Snug Harbor and registered voter in Brevard County; and there has been a lot of exaggerated claims about the quality of their water. He stated the last time they had a meeting on the subject, one of the residents brought up the dirtiest bottle of water he has ever seen in his life; that is not the water they are drinking; it possibly was taken when there was a break in the main line and maybe sand came through after that; but it is not a typical sample. He stated he is opposed to the whole idea of the County takeover; he does not think it is necessary; they have other government agencies to oversee their water quality; and he is not sure how many residents are in favor of it because they never had a formal vote on the subject. He stated they are talking about $800,000 in impact fees for the residents, which would be a hardship for many of them; another thing that concerns him is the loss of their storage area for RV’s, boats, travel trailers, and motor homes; and before the northern migration started this summer, he counted 50 units in the storage area. He noted it is an inducement for many people to move into Snug Harbor because of the convenient storage area; he would hate to lose that; and requested the County take that into consideration. He stated he has no filter system or softener or any type of water treatment in his home; and the water came from his kitchen sink which is crystal clear.

Commissioner Pritchard advised he received an email from Steve Peffer which says, “As of this morning, Friday, there are still unresolved contractual issues. It is unlikely that all remaining issues will be resolved before Tuesday.” He inquired about the status of the contractual issues. Mr. Knox stated it is his understanding that about an hour ago, Mr. Jenkins reached conclusion of the outstanding issues with Ms. Bentley and they are working those into the contract. Commissioner Pritchard stated the community has a concern about storage for RV’s, boats, etc.; and inquired if there is a way they can be addressed as part of the possible purchase of the facility. Water Resources Director Richard Martens advised there are two avenues they can proceed on; first there is no immediate or long-term need so the District could divest itself of the property and retain ownership but leave it as vacant property; and it actually kicked around ideas of potential future uses the utility could have for that property. He stated all those uses would make the property available for RV storage rental and continue what they are doing now. Mr. Martens stated the second issue has to do with the discussion of what they might do to address the added cost to the Snug Harbor users connecting to the Barefoot Bay system; he addressed that in detail in his report; but one option that is available to the Board under Florida Statutes is to transfer ownership of that property directly to Snug Harbor. Commissioner Pritchard stated there was also a question about reimbursing impact fees for purchases in 2002, 2003, and 2004; and inquired if that is something that can be done or is it prohibited under the current Ordinances; with Mr. Martens responding those were impact fees that were set by PSC paid by the customers connecting to the Snug Harbor system; once they are part of the Barefoot Bay system, they have no provisions in the covenants and rate resolution to make those refunds nor do they have the cash; and the bond covenants would prohibit the Board from reducing the impact fees to a group of customers. Commissioner Pritchard stated in a previous meeting when the issue was discussed, Mr. Martens mentioned it would be a benefit to both communities if they were linked to utilize the same water and sewer services and there would be a reduction in rate because of volume. Mr. Martens stated there is a benefit to Snug Harbor community in being incorporated into the larger Barefoot Bay utility system which can provide better service; they have people on duty 12 hours a day 7 days a week; and the benefit to the Barefoot Bay system is the purchase price. He stated at the purchase price the seller is asking, there is some benefit, not in reduction of current rates, but in deferral of future rate increases. He stated at the budget workshop a couple of months ago, he discussed the long-term rate models and they were anticipating a rate increase for Barefoot Bay in 2006; but with the acquisition the way it is structured, they think that increase could be delayed by about one year. He noted the lower the acquisition price, the longer that could be delayed. Commissioner Pritchard stated the current owner paid $250,000 plus another couple hundred thousand dollars in infrastructure improvements. Mr. Martens stated his understanding is the purchase price was $250,000 and the owner made an additional investment of about $200,000 to $300,000. Commissioner Pritchard stated they are offering it for sale at $1.6 million, which is a lot of profit. Mr. Martens stated it is a large difference over four years. Commissioner Pritchard inquired if the purchase price is reasonable and good value; with Mr. Martens responding they have two appraised values on it; their utility appraiser valued it at $1.2 million in a sale to a similar private investor; but given the County’s unique position, particularly the County’s rate structure, they valued the sale to the County at $1.6 million. Mr. Martens stated staff has not made a recommendation that the $1.6 million is a good deal; but he would recommend a purchase at $1.2 million based on the financial benefit that Barefoot Bay system would have under those conditions. He stated someone asked him how he felt about the acquisition; he thinks it is a logical consolidation; when looking at the map, one cannot tell the difference between Snug Harbor and Barefoot Bay; they are closely related; and it seems logical that some day they will be integrated. He stated at the proposed sale price, he is neutral; it is not a significant benefit to the Barefoot Bay residents in deferring future rate increases; but it will provide a benefit for Snug Harbor users. Commissioner Pritchard stated he did not mean to put Mr. Martens in the hot seat of whether it was good, bad, or indifferent; but he remembers the conversation about selling the land to store vehicles on would offset the purchase price. He stated three years down the road it would be worth x amount of money subtracted from the sale price and amortized; so it would be to the benefit of all to go ahead with the purchase. Mr. Martens noted that is an interesting aspect. Mr. Martens stated they also appraised the property at $250,000; that would have to be reduced by the demolition cost of the water and wastewater plants; it is reasonable to assume the residual value of the vacated plant site is going to be between $150,000 and $200,000; and that was the genesis of the concept to transfer some of the value back to the Snug Harbor residents to offset the new impact fees they would have to pay into the Barefoot Bay system. Commissioner Pritchard inquired what would happen if the County does not buy the utility; with Mr. Martens responding the current owner told him many times he is ready, willing, and able to continue operating the facility long-term; he said if the contract is not executed, he would file a new PSC rate case application; he has invested approximately $300,000 in the water system to bring it up to snuff; and he now wants to turn his attention to the wastewater system. He stated the owner made it clear to him that there would be additional action that would result in better operation of the facility; and he expressed his confidence and willingness to retain ownership and operate the system for the long-term. Commissioner Pritchard inquired if Burkim approaches the PSC for a rate increase, is there any idea what he might get and the effect it might have on the purchasers of water and users of the sewer system; with Mr. Martens responding not specifically, but his assumption is that the rates in Snug Harbor are going to increase over the next several years; as with all PSC-regulated utilities, there is an indexing factor that happens every year of one or two percent; and in addition to that, there would be increased rates to pay for the improvements made to those treatment facilities.

Commissioner Carlson stated even though some folks are saying they get poor water, others are saying they get good water; either way, everybody needs to have high-quality water to drink; and in her briefing with the County Attorney, he talked about quick take versus slow take. She stated the Board has debated the worth of the system of less than a million dollars; the price tag is $1.6 million dollars; the appraiser said it is worth $1.2 million; and inquired if it would be worthwhile to get an appraisal as a private facility so that those two numbers could be presented to a jury for it to determine how much should be paid so the County can get the best price. Mr. Knox stated a jury trial always puts both sides at risk because the jury can pick whatever number it wants to pick within the range of values that is presented to it; in his report he indicated the range of values the jury would likely hear is somewhere between $400,000 and $2.4 million; so it could be anywhere depending on how much they think the system is worth. He stated the factors that would play into the jury’s decision would probably be the quality of the system, operations, and all kinds of things they look at; so he cannot say with any certainty what the jury would do. Commissioner Carlson stated her concern is buying a system that is not worthy of purchase and having to build it up from the ground up and put a lot more money into it; and based on what Mr. Martens said, they would be doing that to some degree.

Chair Higgs advised Snug Harbor will be connected to Barefoot Bay so the cost would be the interconnections and not building the water and sewer plants back. Commissioner Carlson stated Mr. Martens talked about the demolition and the cost of that, which was a quarter of a million dollars or whatever. Mr. Martens stated during the appraisal process, the appraiser hired a utility demolition company that investigated the site and gave him an estimate of $100,000 to hire an outside contractor to do the demolition. Mr. Martens stated they have used County forces in the past to demolish some of the old wastewater facilities; so he is hopeful, if not optimistic, that it is the high-end number.

Commissioner Carlson inquired if the current owner is willing to negotiate down from the $1.6 million; with Mr. Martens responding staff asked that question and came back to the Board in March with the report that he was not willing to back off of that number. Commissioner Carlson inquired if the owner goes to the PSC and gets what he needs to continue operation, are there guidelines in terms of the water quality he has to meet; with Mr. Martens responding he has water quality requirements imposed by Environmental Protection Agency and Department of Environmental Protection; he received correspondence from Department of Environmental Protection indicating he has a problem with his water; he does not know if he has been cited for bacterial problems; but other water quality problems such as excess iron, high total of dissolved solids, and color are the three that he saw. He stated the owner will have to address those; whether or not it will take an investment in new equipment or modification to the operating procedures, he cannot speculate right now; and they would have to correct those regardless of ownership. Mr. Martens stated Department of Environmental Protection told him it is not its practice to penalize the new or subsequent owner of a water system for a previous owner’s problems; it is aware of the discussions and plans to interconnect the systems; and it is his perception that if the County goes through with the purchase and interconnect the systems to provide Snug Harbor with Barefoot Bay quality water, then the enforcement action would probably be dropped.

Commissioner Colon stated she heard conflicting stories; and inquired if one side of Snug Harbor has wonderful water and the other side does not, and why is there a discrepancy. She inquired if there is a timeframe imposed by Department of Environmental Protection on how long someone has to own a utility facility before bringing it up to par. Mr. Martens stated regarding discrepancies in water quality, he has not talked to anyone about water quality problems in Snug Harbor Villas; and inquired if the gentleman who has clean water lives in the Villas; with Mr. Vail responding he lives in Snug Harbor Lakes. Mr. Martens stated he does not understand why, but it could be as simple as the line flushing routines that the operator uses. He stated periodically he would go out and move water through the system to maintain chlorine residuals as part of his requirements; there are blow off points in the system where they open fire hydrants and flush water through them; and that would tend to stir up sediment that settles in the lines along that route. He stated people whose units are served by those water lines could get dirtier water during the flushing process; if they live where the lines are not on the flushing route, they could end up with clear water; and that is his supposition. He noted it would take a certain amount of investigation to verify that; but it could explain why some customers have good quality water and others do not. Commissioner Colon inquired if the County did its own investigation into the water quality, and why would it be interested in going through the process if it does not have its own data to show the quality is not good. Mr. Martens stated staff picked up samples from several residences in Snug Harbor and ran their standard tests on them for color, chlorine residual, iron content, turbidity, and other quick things they do every day in the lab; and they document the results. He stated what the Board sees in some of the water samples people brought in is what that is quite cloudy; but no one has called staff and said they have good looking water coming out of their taps and would the County come and test it. He stated they try and stay at arms length from them; it is not the County’s utility; they try to provide some insight and help in directing them to the proper authorities such as the Health Department, and Department of Environmental Protection, but primarily they have been trying to stay back and not get too involved. Commissioner Colon stated she is getting a little worried about this; the County is involved no and it is looking at purchasing something at $1.4 or $1.2 million; it is involved and should have concrete data and not take samples from residents but go out and get the samples themselves and see it for themselves; and inquired if the Board agrees with something like that. She stated Mr. Martens mentioned the County should not get involved, but at this point it should be before it makes those major decisions. She stated it is very upsetting to her to know that someone can run something that could jeopardize someone’s health and not be accountable; it makes absolutely no sense to her; and before the Board makes those major decisions, it should have concrete information to justify this kind of acquisition. Mr. Martens stated they have verified some of the water quality problems that the folks have been talking about; the water samples he brought in at the last meeting were samples staff collected; they ran the numbers on them; the State has also collected samples; and the last group was the one that generated a notice of violation or a letter to Burkim Enterprises indicating it had a problem with water quality that needed to be corrected. He stated there is no question that a significant number of residents in Snug Harbor are experiencing water quality problems. Commissioner Colon inquired if staff has gone the route with Department of Environmental Protection and the folks that oversee it; do they have that information, have they exhausted that route, and have they let folks higher up know that it is something that is not acceptable, could harm the citizens, and is being allowed to happen. Mr. Martens stated it is his understanding that Commissioner Higgs’ Office spent many hours and made numerous contacts with the Health Department and Department of Environmental Protection; he was aware of what was going on; many if not most of those contacts were frustrating to the Commissioner’s office; but ultimately they resulted in the State capturing or sampling one of the cloudy water events, which then generated the letter requiring the collection; so their frustration is that it took a year for that to happen and it did not happen quickly. Mr. Martens advised as to the second question about how long the State would allow someone to remain in noncompliance after acquisition, he does not think there is a specific answer to that; but if the previous owner had water quality violations and Burkim made a commitment to correct those water quality issues within a specific time and negotiated with the state on that issue, the State would pursue enforcement if those corrections and that schedule are not complied with. Commissioner Colon stated the part she is not comfortable with is if the State has the data and supposedly have fined Burkim, it is almost like the County is bailing those folks out and they are going to make a profit for hurting the citizens of Snug Harbor; the Board is saying okay, buy it and fix the problem, when it should be making the owner accountable; and that is the part where she is having a hard time. She stated those people are not being made accountable; and inquired how does the County go about doing that. She stated that is why she does not want to purchase it and would rather go through the courts so that the injustice could be shown of what is being done to the community. She stated the County should not have to pay for something the owner should have done; and that is where she is on this issue.

Chair Higgs advised she and Representative Poppell met with Department of Environmental Protection; and others in the community spent hours and hours trying to get these issues resolved. She stated she shares Commissioner Colon’s concern and frustration that they have not been able to get the problems solved; but at this point the only way to solve it is to acquire it.

Commissioner Pritchard stated the issue is slow take versus quick take; and the big difference is the County would take it now with quick take and would have a jury trial with slow take; with Mr. Knox responding it will have a jury trial in both cases, but it is a matter of when the County gets possession. He noted possession is immediate with quick take. Commissioner Pritchard stated one of the problems he has with water in general is that it is a public utility and the Board needs to insure the public is receiving water that is potable, clear, does not have all the sediments, look like iced tea, and does not have the taste, odor, and other problems associated with poor water quality. He stated it is an inherent responsibility of government; so he does not have a problem moving forward with the purchase of the utility system, but he has a problem with the $1.6 million purchase price. He stated he thinks it is too much profit for such a short- term venture, especially a venture like this one; so he would opt for the quick take and take the chance with the jury. He stated one way or another, it is incumbent on the Board to take a leadership role and make sure the residents of Brevard County have water that is potable, palatable, and drinkable.

Motion by Commissioner Pritchard, to authorize the Barefoot Bay Water and Sewer District to acquire the Snug Harbor Utility System by quick take.

Commissioner Carlson stated she does not have a problem acquiring the system, but the slow take would give the Board an opportunity to hear what a jury says in terms of cost; then it can decide one way or another. She stated if the Board is going forward based on what the courts define, she agrees with Commissioner Colon as far as making folks accountable; and it might be better served if it went with the slow take. She requested Mr. Knox explain that. Mr. Knox advised the slow take goes to a jury trial; the quick take gets a jury trial; the difference would be in the interim, if the Board goes with slow take, Mr. Burkim runs his system until the jury makes its decision and the Board decides whether or not it wants to complete the transaction at that point. He stated at the end of the slow take process, the Board does not have to go forward if it does not want to if it thinks the price is too high. He stated if the Board is going to acquire the system anyway, it would probably be better going the quick take route.

Chair Higgs inquired what will it be in terms of costs; with Mr. Knox responding there will be expert witness fees on both sides, attorneys’ fees on their side and the County’s side unless it is done in-house, which they have always done for condemnation cases; so there will be costs associated with it. He stated there are ways to try and keep the costs down through offers of judgement and things like that, but there will be costs.

Commissioner Colon stated Chair Higgs’ office has attempted to do everything within their power to get the Department of Environmental Protection to protect the citizens; that is also good on the part of the County because it has exhausted everything at its end; and inquired what happens with the quick take, and does the County go forward with the demolition work. Mr. Knox advised with a quick take, the County goes forward and gets the judge to enter an order of taking; it deposits money in the amount of the estimated value, which is the amount of the appraised value that it has, probably $1.2 million in this case, into the court registry; and at that point it takes possession of the property. He stated after that, Mr. Martens can connect the system and do what he needs to do.

Commissioner Carlson inquired what would be the benefit of getting a second appraisal as a private facility; and is it to have two appraisals for the jury to look at so they do not think $1.2 million is the low end; with Mr. Knox responding if the Board goes with quick take, staff will probably go out and do that as part of their strategy on how to proceed in trial; and they probably will contact other appraisers besides the one they talked to and talk to the existing appraiser to find out what other ways they might want to evaluate the system. He stated there are some delicate legal issues because typically they do not allow government sales as a basis for establishing fair market value; but in the case of utilities, there are two separate markets, a private utilities and a public utilities market; so whether or not those sales get into a courtroom, he does not know, and would have to see what the judge says; but there probably would be value in getting a second appraisal at a private rate too.

Chair Higgs inquired if they go to court either for quick or slow take and the value is established, there will be legal costs on top of that, which may be couple hundred thousand dollars. Mr. Knox noted it could be more and it could be less. Chair Higgs stated the appraisals they have would support the $1.6 million as not a bad deal; it is not a great deal, but it is a decent deal; and while she prefers a slow take, she would rather move forward on a straight acquisition.

Commissioner Scarborough stated he will second Commissioner Pritchard’s motion for quick take.

Commissioner Scarborough stated if the Board makes a decision to take the system, it should just take it; he is not comfortable with the price but does not have a recommendation on the $1.6 million and do not know the conditions; there are a lot of issues involved; and after they proceed, they can always negotiate, so he will second the motion.

Chair Higgs advised the motion is to acquire the system by quick take; and inquired what does the Board need to do to accomplish that. Mr. Knox advised the motion is to direct his office to move in that direction and prepare a resolution of necessity and bring it back to the Board. He stated there are also Florida Statutes procedures they must follow. Chair Higgs inquired if the motion is to direct Mr. Knox to take the necessary action to get the resolution before the Board for a quick take.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to amend the previous motion to direct the County Attorney to prepare a resolution of necessity and bring it back to the Board.

Commissioner Carlson inquired if the strategy for the quick take requires going out for a private facility appraisal; with Mr. Knox responding they will definitely do that. Commissioner Carlson inquired if Burkim’s attorney has anything to say; with Chair Higgs responding he had the opportunity to submit a card, so it does not appear that he wishes to speak.

Attorney John Jenkins, representing Burkim Enterprises, stated if the Board has a deal on the table for $1.6 million, it does not want to go into court on a quick or slow take with a value that is $1.2 million plus the cost for attorneys fees and everything else, the time it will take, and the risk the County will take, which may end up paying more than $1.6 million. He stated his client wants to sell it to the County straight up in the next 60 days for $1.6 million; and that is the deal they want the County to take. Commissioner Pritchard stated the Board has an appraisal at $1.2 million; with Mr. Jenkins responding he knows when he represented Clay County Utility Authority on acquisitions of several systems, the attorney used to say, “do not throw me in that brier patch.” He stated the County can throw them in the brier patch, but it will get paid by the County, their consultants will get paid by the County, his client will be happy; it will drag on for a considerable length of time; and once the County gets into it and sees what has happened in some of the other condemnation cases, it will consider this a reasonable transaction at $1.6 million. He stated he will answer any questions the Board may have.

Commissioner Colon inquired what side was Attorney Jenkins on in Clay County; with Mr. Jenkins responding he represented the County. Commissioner Colon stated the reason she asked that was because it is almost the same scenario the Board has; his client basically bought a system for an inexpensive price, made a killing on that, but did not bring it up to standards; and he did not have to bring it up to standards because that is the regulations they have. She stated now his client wants to make $1.6 million and she is uncomfortable because she does not want to pay those kinds of dollars. She stated the County needs the system to protect its citizens; and with cases like this, it is almost like somebody should be going to jail. She inquired if it was the same scenario in Clay County, or was it a nice clean transaction and a good worthwhile utility being purchased, or was it similar to this case.

Mr. Jenkins stated he is not going to stand here and have Commissioner Colon say his client ought to be going to jail for providing water service in Snug Harbor; they have a lot of issues with regard to the provision of service; and he has heard what was mentioned here today; but the County should not go on record saying his client is doing something that deserves him to go to jail. Commissioner Colon stated he has been fined; and inquired if she is incorrect. Mr. Jenkins stated there has been a letter written by Department of Environmental Protection saying they exceeded certain maximum contaminate levels; and if that is not an isolated incident, then they will be required to spend money to improve the water system, which they will do and will take to the PSC to seek an increase in rates to cover the cost of that. He stated it is the same thing the County would do if it had water quality issues like that; so that is the situation. He stated the company has not been fined; the Department of Environmental Protection is not going to pursue the enforcement action with the company or the County because they want to see the sale take place and the interconnection occur; and if that does not occur, then Department of Environmental Protection will pursue enforcement action against his client and they would have to come up with the solution to the water quality problems out there and issues that Department of Environmental Protection identified. He stated as to the water that has been brought in today, he knows if the Board looks in other areas of the State, there are a lot of issues with water chemistry and quality; there can be a number of things that cause that; they do not have bacteriological problems in their system; the most likely issue for that individual is either the filter or water softener has some problems and is creating bacteria that is entering the system; and that is the most likely thing that occurs, as well as hydrogen sulfide that develops in hot water heaters. He stated there are a number of those kinds of issues that may affect a homeowner; in terms of their overall water quality, the system has met standards until the Department of Environmental Protection notice came to them; and that is something they would be required to take care of and will do that.

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

Upon motion by Commissioner Carlson, seconded by Commissioner Pritchard, the meeting of the Barefoot Bay Water and Sewer District Board adjourned at 3:18 p.m.

RECOMMENDATIONS, RE: METHODS TO DETERMINE POTENTIAL IMPACTS
ASSOCIATED WITH EMISSIONS FROM ELECTRIC POWER GENERATING
STATIONS IN BREVARD COUNTY

Commissioner Scarborough advised some reports were distributed, and Mr. Knox should give the Board an overview of where they have come and if the Board wants to move forward.

County Attorney Scott Knox advised the issue started out on the basis of complaints from people living in the Port St. John area near the power plants; they were experiencing fallout of ash coming from what they thought were the Florida Power & Light Company or Reliant plants; and due to continuous complaints, the Board authorized him to look into filing a nuisance suit to try and abate the fallout from the plants, whichever one it was. He stated they hired a private investigator to go out and talk to the people; and it became apparent that people living in the area not only had problems with ash falling on their houses and cars and causing pitting damage, but there were also complaints about health and respiratory problems by many people in the area. He stated they did not know if those problems were attributable to the plants or not, but it was something the Board felt was worth looking into, so they hired a consultant from Massachusetts to look at the issues whether there was any indication from any available data that there could be a problem with respiratory issues relating to those types of plants. Mr. Knox advised they were hired to undertake analysis of what methodology they could use to evaluate the issue and that is the report before the Board today; and the conclusion they drew in broad terms is that there is a link between those types of operations and respiratory ailments as well as heart ailments; and in order to establish a specific link with the particular plants, they would have to go through more effort in terms of studying the problem, so they came up with five methodologies they could use to accomplish the study. He stated of the five methodologies presented to the Board, the one they looked at most favorably, from the County Attorney’s point of view, is #4. Chair Higgs inquired what is #4; with Mr. Knox responding it is the option of undertaking air quality studies that would require sampling; and that would involve having those samples analyzed by laboratories. He stated if it is done by consultant forces in its entirety, it would cost about $300,000; however, the consultant indicated Environmental Protection Agency sometimes will do chemical analysis, and there probably would be volunteers from the colleges or other volunteer agencies who might provide the footwork to take the samples, which would reduce the price to about $130,000 to $150,000. He stated there is also an opportunity to see if they can find grant funds to cover the balance of the costs.

Helen Dezendorf, President of Port St. John Homeowners Association, advised she is a 21-year resident of Port St. John and has been fighting this battle since moving there in 1980. She stated within a year both of their cars had pockmarks; she had no idea what it was from until her neighbors told her; and it was from Orlando Utilities, which is now the Reliant plant. She stated the neighbors told her she had to go and make a fuss and the company would fix her cars; she is good at making fusses and both of their cars were detailed, but 30 days later the same thing happened; and it was not until seven or eight years later, when one of the neighbor’s children was brought home from school for not being able to breathe, that she realized the little experiment they did in high school where they poured Coca-Cola over a T-bone steak and the next morning there was no meat left is the same thing that is happening to the lining of their lungs by that matter. Ms. Dezendorf stated if it can eat her cars, it is eating her insides; so they asked the Board to give them a hand because the federal government said those folks are within the federal guidelines for what they are putting into the air, and as long as they are following government regulations, they cannot be cited for anything they are doing because they are in compliance most of the time; however, they still have a responsibility to the people who live in the area. She stated one out of every 20 people who live in the County live in Port St. John, Delespine, Frontenac, and Bellwood; and that is 5% and sometimes as much as 6%, depending on how much area to the north of the power plants is taken of the community as being affected by the power plants. She stated she was disappointed by the options listed in the report; Option 3 says take no action; that is not an option as far as they are concerned; and she would love to see a suit filed right now to take them to court and hammer away at them. Ms. Dezendorf stated her sister is an attorney who said if they do not have a preponderance of evidence they are not going to get anywhere; so they have to do some kind of study; and from the five recommendations, she came to the same opinion as Mr. Knox. She stated if the panel study only covers asthma, they cannot use health records; not only that they cannot get them, but a lot of people who live in the area are not going to the doctor when they have a bad cough because they cannot afford to since they are not insured; so that is not going to do any good. She stated it does seem the pollutant monitoring is going to be the way of the future; and they can get college students, as they did with another survey conducted for Port St. John, to collect data at little or no cost and get help from the Environmental Protection Agency. She stated they need to go forward on this issue soon because in the near future the power plants may be operating at twice their capacity if the federal government, through St. Johns River Water Management District, is doing a project that would make them put out more energy, create more energy to run their power plants more often, and put more particulate into the air. She stated if it is already at the point where people doing the test without a lot of data are saying it is pollution that is hurting the residents, and if in the future they will have more of it, then they are doubly going to be affected by it. She stated if the Board can spend $1.6 million for 500 homes in Snug Harbor to have clean water, $300,000 for 10,000 homes is not a bad deal; and they would appreciate it if the Board would go forward with the study so they can get the lawsuit going.

Maureen Rupe, Chair of the Partnership for Sustainable Future and Chair of the Natural Resources Committee of the League of Women Voters, and long-time resident of Port St. John, stated the consultant and Scott Knox did an excellent job; she prefers Option 1 and Method 4; Option 1 is to authorize further study of impacts of the emission and pollutant monitoring; and Method 4 would be the cost effective method and timely issue, as six months sounds better than two years. She stated #3 is out; if the power plants are the only source of data, #5 will not do anything; so she would like to see #4 go forward and hopes the Board will consider it as money well spent.

Amy Tidd of Rockledge, formerly of Port St. John, representing the Turtle Coast Group of the Sierra Club, stated she has worked on the air quality issue over eight years; they appreciate the Board funding the report that has been submitted by the environmental health engineers; and they wish the Board will take the next step to protect the health of the citizens. She stated the preliminary report that was done shows the power plants deposit soot on the neighboring residences; the report did not take into account the soot-flowing events that have a much higher rate of particulate pollutants; and particulates contain arsenic, lead, and other toxic metals. She stated the particulates are increased due to both power plants burning a high-sulfur fuel, #6, which is not burned in newer plants; and the sulfur content in #2 oil, which is burned at Oleander’s plant in only 10% sulfur; so the power plants are choosing to burn a highly-pollutant fuel because they have done it for 45 years. Ms. Tidd stated they have been trying for many years to get the power plants to burn cleaner fuel or install modern pollution control on the old plants; they emit at a much higher rate than the new ones; today they are burning #6 oil; and inquired what will it take to get them to move into the modern age. She stated the Board has a decision of how to move forward on this issue; as a taxpayer, she would like the companies that profit from the pollution to pay the cost of the studies to clean up the pollution; and urged the Board to support moving ahead with a lawsuit for injunctive relief whether today or after it gets more information. She stated the Board has the choice of going forward today on just a nuisance property value suit and use those funds obtained from that suit to fund the panel health study; they have evidence to support the property value nuisance; and if the Board does more monitoring, she would support Option 4 for a four to six-month study of the pollution. She stated they need to move quickly, as children and older people in the area cannot wait long for relief; the preliminary study shows a health impact; the Board needs to do something to stop them; and in the May 14, 2004 Orlando Sentinel, an article said the DNA damage from breathing those kinds of particulates can be passed on to offspring; so they need to be thinking about the children who are not born yet.

Thelma Roper of Titusville stated she has listened to this issue and was present when the community members first came to the Board about the issue of health; and she has been following the other issues that are coming into play on the two power plants. She stated the desalinization plant the St. Johns River Water Management District is wanting to locate in the area will present greater problems if the Board does not do something as expediently as it can to help the people; and once they expend all new dollars for the desalinization plant that will force the power plants to run more often and longer and produce more contaminants, the County is going to be in more trouble than it is now because it is going to be much harder to do anything about the problem that is there now. She stated the Board needs to move forward and handle the situation of what is being done there now; if it waits it will only damage itself because if the suit comes back and they have to cut back, then they have to do something about the desalinization plant also, which they have already spent money on. She stated whether the Board moves forward on the nuisance suit first then pick up the other, the people who are there cannot wait; and she foresees more problems the longer it takes.

Joe Baldwin advised he lives in Oak Point Retirement Community; there are 109 homes there; about a year and a half to two years ago Reliant Energy came to see them to talk about its problem; and its analogy on the problem was that they bought a used car, and if the people would bear with them, they would fix it to make it run better and everything would be right. He stated he agreed with them, but they have not done that and have not kept their word. He stated he believes if a person gives his or her word that he or she is going to do the right thing, then the person should do the right thing; and he appreciates the Board and wants to say thanks for looking into the problem and doing the right thing.

Bobbie Gumm passed on her comments.

Douglas Sphar of Merritt Island encouraged the Board to move forward and take action to determine the potential health and property impacts of the stack emissions of the two legacy power plants. He stated Florida Power & Light Company and Reliant plants are grandfathered into relaxed emission standards of bygone days; both are identified by the Environmental Protection Agency as being major emitters of criteria air pollutants; criteria air pollutants are those that Environmental Protection Agency has established as health-based standards; and those include o-zone, organic compounds, nitrogen oxide, sulfur oxide, carbon monoxide, tin, 2.5 micron particulates, and lead. He stated the Environmental Protection Agency has also established that those pollutants can have undesirable effects on property, vegetation, and wildlife; and Environmental Protection Agency probably should rank list the companies that emit those pollutants in Florida. Mr. Sphar stated scanning Environmental Protection Agency’s website, he saw that the Florida Power & Light Company plant is Florida’s #16 emitter of sulfur oxide and Reliant is #27; the Florida Power & Light Company plant is #10 under nitrogen oxide, and Reliant is #30; for 2.5 micron particulates, Florida Power & Light Company is #14 and Reliant is #37; and for tin micron, Florida Power & Light Company is #15 and Reliant is #40. He stated the rules are such that Reliant and Florida Power & Light Company have no regulatory or economic motivation to bring the plants into alignment with present day pollution standards or to use less polluting natural gas as the primary fuel; and urged the Board to approve Option 1 to delay the suit and move forward with a study of potential health impacts of the emissions. He further urged the Board to implement additional 2.5 micron particulates monitoring; and stated Environmental Protection Agency studies show 2.5 micron particulates are especially harmful to developing lungs of children. Mr. Sphar stated for several years Florida Power & Light Company has claimed plans to repower the Canaveral Plant using modern technology that must combust natural gas or as a backup low sulfur jet engine type fuel; and either of those fuels will result in drastic reduction of harmful emissions. He stated he read a press release where Florida Power & Light Company was spending $3.7 billion to buy 66 F-class combustion turbans; it would be nice if they allocated four units to repower the Canaveral plant; the combustion turbans are made into heat recovery units; and that results in a higher efficiency low pollution electricity generation and packages the combined gas turban cycle with a steam turban cycle. He stated the County and municipalities of Brevard County should be urging Florida Power & Light Company to push the Canaveral plant to the top of its priority list; and urged the Board to fund the studies that demonstrate the harmful effects of emissions from those plants.

Commissioner Scarborough stated when the Harvard professors did their studies, one of the results was the widespread damage; they may be seeing the larger-size particulates falling in Port St. John, but they may be falling in a broader area; and inquired if Mr. Knox knows how extensive it is. Mr. Knox advised they did three different studies, but the one that comes to mind immediately is the Washington, D.C. area, which covered seven plants in a fairly close range, 33 million people, and seven states. Commissioner Scarborough stated while the people in Port St. John are capturing the larger particulates because it would most likely fall more rapidly, the more dangerous issue may be the one that would be more dispersed; someone said one out of 20 people in Brevard County is impacted; but as they get into the study, they may find the impact much more profound to the people all over the County. Mr. Sphar stated the homeowners in Lake Poinsett in Cocoa obtained the plume dispersion studies from the State on the Oleander plant that showed the particulates emitted from the plant; they cool and drop down; the particulates were falling in Lake Poinsett Subdivision; but if it was down wind, it was a long tunnel of particulates going to the southwest. Mr. Sphar stated Department of Environmental Protection has a sophisticated plume dispersion computer model that it can run and produce results for all the stacks and see where the particulates come down. Commissioner Scarborough inquired if there are different levels of particulates; with Mr. Sphar responding yes.

Commissioner Pritchard stated if the particulates are going to the southwest, that is when the wind is coming out of the east, northeast, or southeast; and inquired what happens if it comes from the southwest, west, and northwest; with Mr. Sphar responding Department of Environmental Protection does a Monte Carlo type simulation where they do random draws of various combinations of wind, atmospheric pressure, humidity, and other things; there are thousands of runs made; and they take statistical sampling of that and get the preponderance of the direction the plume disperses. Commissioner Pritchard stated on that side of the river is Kennedy Space Center and Merritt Island; past that is Cape Canaveral; and when they had the fires in 1998, he had chunks of burning embers from the fire 20 miles out landing in his yard. He stated he lives on North Merritt Island, and that shows how far those particulates can disperse.

Walter Pine of Titusville stated he appreciates the study being done, but is disappointed because he saw nothing in the study that told him how likely a suit of this nature is to be successful with the current information. He stated if 80% of the suits that go forward with that amount of information are successful, there is no reason to collect additional data; however, if only 10% are successful, the County needs to collect additional data, but they need some information to tell them how likely they are to be successful at this point. He stated there are a lot of issues and variables involved that have to be taken into account; they are talking about future events such as the desalinization plant; but they have not taken into account or considered that Reliant and those plants are under some burdens now because they have been sued by the environmentalists and are required to keep their outflows above a certain temperature, which requires them to burn fuel even when they do not have a load. He stated one of the problems with burning fuel when they do not have a load is it does not get a complete and full combustion so there will be more discharge than normal; they already have an inherent problem created by the plant running under a no-load condition and burning fuel to keep the outflow at high levels on occasions; and all those things interrelate. Mr. Pine stated the issue is whether or not the Board will protect the public; and inquired what are the standards, and can the Board increase air quality standards. He stated he saw nothing in the study that told him whether or not the Board can establish a higher air quality standard than is established by the State; if it can, it is a simple matter of passing an ordinance; there is a lot of information that is available; and there are product data sheets on all the different oils and fuels. He stated when he was in the military, every fuel they used had a complete study done on it that told how much lead is in it and what happens when it is burned, what equipment to wear, what to do if it spills, etc. He stated they recently did some rebuilding on one of Reliant’s plants; one of his sons was involved in some of the rebuild; they were given complete studies on what was in the stacks, what it would do to them, why they had to wear air masks, why they had to wear complete covering, why they had to use tape to seal because of the size of the particulate matter, etc.; and reiterated previous statements on the availability of information. He stated he is curious as to what impact that has on the ability of the County to protect the residents now; he is for gathering more scientific information; but there are children and elderly residents being injured now; and inquired if there is something the Board can do, such as an injunction to require the plants to use cleaner fuel. He inquired if there is another option to require cleaner fuel, what could be done right now, what is there available now, what rules are out there that the County can use now rather than waiting six months or a year, and is there something that can be done now. He stated there was no real addressing of that point in the report; and reiterated if it is possible to do anything now and is there sufficient information. He stated that is one question he would like the Board to answer; and if it can do something now, he is sure the residents would appreciate it. Mr. Pine stated the Board is going to find in the plume events that they overlap one another; there are two power plants so it doubles on occasions depending on what the loads are on the different power plants; and if it affects 20 miles out and goes over a third plant, those are significant events. He stated with the winds out of the west, they have stuff blowing over from Orange County, which has power plants as well; and there are so many variables involved it is almost impossible to take them all into account, but he would like to see something happen with the current information. He reiterated there is a lot of information and stated above all else, whether they do more studies or do more data collection, they should begin collecting what already exists; and there should be some records somewhere from the various members of the public, the Internet, Environmental Protection Agency, and other sources that have existing information.

Commissioner Scarborough inquired if Mr. Knox feels the Board should file for injunction now or get the information and do it in six months; and what is the advantage of filing the injunction with information as opposed to going ahead without the information. Mr. Knox advised his first response is if the Board files it now, it will be on the basis of damage to property; damage to property has been evidenced by receipts and insurance reports he has seen, which can be compensated for with money; so a judge who is looking at that issue is going to have that in mind. He stated what the Board is actually looking for is equitable relief; normally it gets equitable relief when it cannot get compensation; so if it has the ability to get compensation, it is going to have a bit of a problem shutting down or altering the operations of two power plants that provide electricity to more than just Brevard County. Mr. Knox stated if the Board can show there is a health risk associated with operation of those plants, then it has two avenues and not just the property damage, which he may be able to get rid of by saying it is compensation. He stated they cannot compensate people for loss of health, especially if it is a broad-range possibility; and as far as the information that is available, the consultants they hired have been through every piece of available public information that bears on the issue of air pollution and the effects of air pollution in the State of Florida and other places, including Cape Kennedy. Commissioner Scarborough stated they are Harvard professors who know the subject inside and out and they are tops in their field.

Chair Higgs advised the Board went through the discussion at great length about whether or not it could establish its own air quality program and what the advantages and disadvantages of that were.

Commissioner Pritchard stated Mr. Pine brought up a good point of what can the Board do now; Florida Power & Light Company is fired by natural gas as well as #6 oil, but he is not sure about Reliant; and every day Florida Power & Light Company makes a decision of what it is going to use. He stated the majority is mixed; and they do not do it based on atmospheric conditions, they do it based on cost. He stated natural gas is a clean burning fuel; and inquired if there is anything the Board can do to promote, encourage, or force them to use natural gas until this issue is resolved. Mr. Knox stated he does not think there is anything the Board can do to force the power companies to do that; staff talked to them about doing alternative use of fuels and got different reactions, depending on what day they talked to them; and they are non-committal at best. He stated they said they want to help out, but they would not tell staff what they are going to do to help out; so short of proving the Board has an issue that is worthy of a public nuisance that requires them to change the way they are operating, they are not going to do anything because they are grandfathered in. He stated they have plants that operate under old rules and regulations; and that is a valuable commodity to them.

Bea Polk of Titusville advised when she moved to Florida in the late 1970’s, they had to have cars fixed and their screens fell out; she went to Tallahassee and was amazed that Orlando Utilities did not come under the Public Service Commission; but she got them to help her find out why. She stated they kept saying it is because they are burning the cheapest oil they can get; she fought with them and marched on Orlando; and they finally got to burning oil that was a lot better and she did not have screens falling out and cars being damaged. She stated with the sale and transition to Reliant, she had to fight it again because her screen room that is over the water was completely black; she called them to come and check it out; and she went over there and wanted to show them the problem, but they were not interested. She stated what made her angry was the girl in the office who said they run out of Texas; and she told her if the company is run from Texas, then it should take it to Texas. She stated this is Florida and they are not going to put up with people in the neighborhoods dying from lung disease; there are a lot of people in the parks there that are having problems; and they cannot wait six months to a year. Ms. Polk stated it has been going on for many years; and inquired if there is any way to force them to use different oil or gas which will help until the issues are resolved. She stated she feels sorry for the residents in Port St. John; the only time she really gets it is when the wind is blowing from the west; but it is hurting the older people who have enough problems. She stated if there is any way to force the power companies to use clean fuel, the Board should go ahead and do what it can because the people need relief now not six months or a year from now; and inquired if there is any way to force them to burn better fuel. Mr. Knox stated nothing unless they want to do it voluntarily in the short term.

Commissioner Carlson stated when the Board was dealing with the Oleander Power plant, it put Title 5 requirements in the Code; and inquired if that gives it anything as far as looking at Title 5’s as they come through for renewal; with Mr. Knox responding the plants are grandfathered in and do not have to go through that process; the new plants the Board may be able to do something with; but those are also built to higher standards than the subject plants are. Commissioner Carlson stated Reliant told the Board it was going to burn more natural gas, then natural gas costs increase tremendously and now the Board is stuck with what it has. She inquired if the expectation of the Board when they came to it and said it is what they were going to do and they are not doing it, something it can use or does it not have a leg to stand on legally; with Mr. Knox responding basically that is correct.

Commissioner Scarborough stated the Board has worked on this issue for a long time; more has been done with Mr. Knox working with the Harvard professors than he has ever seen; if the Board is dealing with multibillion dollar corporations, it has to have the best; and it is now looking at something very unique going under the nuisance concept and working with people who have tremendous credentials and tremendous capacity to help the Board. He stated the Board may want to do something quickly; but that would be the most foolish thing it could do as opposed to doing it right; and Mr. Knox indicated the possibility of Environmental Protection Agency paying for the labor cost, so he will move for Option 1 and Methodology 4.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Option 1, delay suit and authorize further study of potential health impacts of the Florida Power & Light Company and Reliant Energy power plant emissions; and Methodology 4, pollutant monitoring. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Kenneth Rivard of Merritt Island, advised Mr. Sweebilow is an attorney and had to get back to his office; there was a short notice to get people in here; and what he wants to comment on is his credentials. He stated he has been in aviation for about 47 years; was a commercial airline captain for Alaska Airlines in Alaska, a flight instructor, mechanic, inspector, etc., and has almost all the ratings except helicopters; and he has been attending the Airport Authority’s meetings over the past three years. He stated he is aware of what is going on; he would like to see an end to controversy over the Enchanted Forest; and he believes he can bring that to an end. Mr. Rivard stated he would like to see an end to the ad valorem tax for the airport; and he can help with that program. He stated Commissioner Pritchard has been waiting to make an appointment but has been stymied by the people who are in his District right now; and he believes he can bring a balance to the Airport Authority Board with his background in aviation that is not there now. He stated they need revenue-producing projects at TiCo Airport so that taxpayers’ money will generate something back to the taxpayers in the community; the three airports are general aviation airports; he does not believe the Board would see big jets at TiCo, but maybe corporate jets; and when the runway was lengthened, the same amount of jet traffic, about three a day, has been coming in for the past four or five years. He stated the terminal started at $2.8 million and is up to $4.41 million; there was no economic analysis done or in-depth study of doing that; and that should have been completed. Mr. Rivard stated Maglev was $70,000 in arrears on its payments; at the last Authority meeting, they filed papers against Maglev because they did not pay like they were supposed to; and he does not know where that is going; but that is basically what he got. He stated he hopes the Board will support Commissioner Pritchard’s Consent Agenda item.

Chair Higgs advised the Board is looking at an appointment for TiCo Airport Authority; and inquired who can vote on that. She stated she also wants clarification of whose appointment it is and if all the Board votes on it or just Districts 1, 2, and 4. County Attorney Scott Knox stated he thinks just Districts 1, 2 and 4 votes, but he will check on it. Commissioner Pritchard stated as he recalls, it does read that appointments are made by Districts 1, 2, and 4 Commissioners. Chair Higgs inquired if that means it is the majority of Commissioners from Districts 1, 2, and 4; with Commissioner Pritchard responding that is correct.

Commissioner Carlson stated she does not remember because she knows they had some issues not long ago and thought the Board voted on the at-large individual, but she may be mistaken because they had some problems with the individual coming from District 4 and realignments occurring and other strange stuff. She stated it went to the Legislature to change some language; there has been a lot of things that have occurred in the last year; and that might need clarification from Mr. Knox.

Commissioner Pritchard stated he has a memo from Tim Pickles, Attorney for TiCo Airport Authority, which says, “per the enabling legislation, the at-large position is appointed jointly by the County Commissioners for Districts 1, 2, and 4. His opinion is that a minimum of two of those three Commissioners would need to agree, but based upon past practices, the Commission may seek input from Commissioners from Districts 3 and 5 as well.” Mr. Knox stated he recalls that also.

Joe Taft advised he hopes what he says does not aggravate anyone, but he cannot in clear conscience and with the time he has spent on the Airport Authority Board, allow Mr. Rivard to be appointed. He stated Mr. Rivard made comments before about some things being wrong and he did not know what the facts were; he talked about four years ago the runway was lengthened and the usage is still the same; the lengthening of the runway is there to allow corporate jets to leave with a higher fuel load for nonstop to their destinations; and it makes it better for them and increases the fuel sales at the Airport as well as the Board’s tax receipts. Mr. Taft stated Mr. Rivard talked about Maglev being in arrears; Maglev is doing everything it can to pay up; it has paid part of its bill; and arrangements are jointly being made right now to settle the rest of it. He stated as for economic development, Mr. Rivard ought to make up his mind; he is on record several years ago and several times since that he does not want to see any of the T-hangar rent money spent on economic development; he is against any kind of rent increase; and when they generated the rent increases, he did not want to see them, either rent increases or CBI increases. He commented the laws of supply and demand do not apply to Mr. Rivard. He stated if they have a waiting list of 100 people, they can charge whatever they want theoretically because the demand is there; he does not care what goes on at other airports; he is only concerned about what happens under his roof; he wants Authority profits to subsidize pilot private T-hangar rents; and he wanted the Board to come to the Board of County Commissioners for more tax money to further subsidize rents. He stated Mr. Rivard’s argument is that the County provided boat ramps for boaters, so why should it not do something for pilots. Mr. Taft stated he was against the runway extension grant and the commercial corporate terminal rent to the point where he called the Governor’s Office so many times, he was told to stop; and the FAA and Department of Transportation no longer pay any attention to him because of those items. He stated Mr. Rivard felt they did not have to extend the runway because he does not need it for his airplane; the corporate terminal should not be built because he does not need it; neither one of them were being built for him; they were being built for the future; and they would not have gotten the grants for both of those items if they were not able to justify the need both present and future or if the reviewing people who gave them the grants did not agree with their logic. He stated it was not just grabbing something out of the wind; they proved a need and the grantors agreed long-term there is a need. Mr. Taft stated Mr. Rivard is biased about any growth; as he did today, he distorted the facts continually in the media; and every time he talks to them something else changes. He stated their past Executive Director decided to change jobs and go to Ashville; Mr. Rivard took it upon himself to call the airport authority there and bad mouth Dave Edwards; and inquired where does he come off doing something like that. He stated if he is put on the Airport Authority, he is going to be required to enforce the rules and regulations of the airport; today a second notice of violations in the past three weeks was mailed to him about violations of airport regulations; and inquired if that is the type of man the Board wants to put on the airport board. He stated Mr. Rivard claims all his flying experience is going to benefit the County; right now they have a perfect mix of business people, facility people, people with aviation education and experience, and financial people, so they can cover just about everything that has to be covered; and the airports are a business and have to be run as a business in the best interest of the community.

Commissioner Pritchard advised comments were made about lengthening of the runway and fuel; and requested Mr. Rivard address that. Mr. Rivard stated at the price of fuel these days, nobody takes off with more fuel than he needs to get to his next destination with a reserve, so the idea of the runway can let jets take off with heavily loaded fuel is not really true. He stated he talked to the people Marvin Jewel that had the fuel center out there and dealt with corporate jets; he said they are stingy with their price; they buy what they need to go to another destination; and he has got the performance figures for the biggest corporate jets, the G-2’s and Challengers. He stated they could get by with 6,000 feet of runway; it is nice to have 7,300 feet, but the 7,300 feet impacted the Enchanted Forest; so now they have an Enchanted Forest problem; and that is where they are at on the fuel issue. He stated when he was with the airline, they took what they need to go to the next stop with reserve; they did not load it up with gas just to have gas because of the takeoff weight performance; and if they have a lot of passengers and want to fill it full of gas, they have to take off freight or other things. He stated they are not in the business to fly fuel; they are in the business to fly people and freight; and that is what he would do and is sure that is what corporate jets are doing. Commissioner Pritchard inquired if Mr. Rivard is a commercial pilot and what kind of planes did he fly; with Mr. Rivard responding he is a commercial airline pilot and flew Constellation 727, Hercules, and 737’s; he understands performance and fuel lengths; he was in the training department with the last Airlines; and they had to build their own runways for the oil. He stated he knows how to build runways, set up communications, clear ways, stop ways, etc. Commissioner Pritchard inquired what was the issue with Enchanted Forest and the beacon; with Mr. Rivard responding the FAA said if they make instrument approach from the north with a non-directional beacon approach (NDB), they can come down to a certain level; possibly the Enchanted Forest trees are starting to grow into that level; and to eliminate that problem, they would eliminate night instrument approaches with NDB from the north and then there will be no problems with the trees. He stated the beacon has been turned off for over three years, so for three years they have not had any NDB from the north; they had a GPS approach, which is valid today; and as an airline pilot, if he was flying a corporate jet, he cannot imagine when there would be a 500-foot ceiling at TiCo Airport with a tremendous amount of wind blowing from the south to the north. He stated Commissioner Scarborough has been there a lot longer than he has; normally when there is a low ceiling, there is no wind and it is foggy; and they would not make an NDB, which is a non-precision difficult approach to come down to the 500-foot minimum, not see the airport, and have to go all the way to the south and make a 180? turn and do the ILS, which has 200-foot minimums; so in essence of safety, fuel, and time, they do an ILS approach and get the job done. Commissioner Pritchard stated in essence, Mr. Rivard’s position, with all of his experience is that he has knowledge of flying, flight patterns, and everything associated therewith, runway lengths, fuel loads, capacities, etc. and would be an asset to the Airport Authority board and a good mix with the others that are there; with Mr. Rivard responding he is also a certified instrument flight instructor; he understands patterns, approaches, minimums, what to do, and what not to do. He stated he would be faulted if he were flying for a company if he chose a non-precision approach over an instrument approach because instrument approaches are safer; and that is what aviation is about, safety. Commissioner Pritchard inquired if Mr. Rivard is currently on the Valkaria Airport Board; with Mr. Rivard responding that is correct, and he is on the Merritt Island Library Board, appointed by the Governor.

Commissioner Carlson stated she met with Mr. Rivard in her office several times; he talked to her about a lot of the issues with the airport; she respects his background and all the things he is qualified to do; and he would be an asset to the Airport Authority board, but her only issue is that the appointee Commissioner Pritchard wants to replace, the at-large appointee, does not wish to be replaced at this time. She stated he was her original appointee and served in a very committed manner; he is a longstanding business leader in the community and cares about the Airport Authority; so she is not inclined to replace him yet. She stated he has given the Board a letter with his continued support and interest; and he provides balance to that board; there are a couple of appointments coming up in the near future; and that would be an opportunity for Mr. Rivard to again put his name in the hat. Commissioner Carlson stated she would oppose his appointment at this time, but would not at another time. She stated Mr. Schenck adds a good mix to the Airport Board. Mr. Rivard stated Commissioner Carlson can see by the number of emails she received in support of his position, that the pilots and tenants of all three airports are crying for representation on the Authority board; there is no pilot/tenant representation; they have been pretty well run over, run down, and told to get out of the way; so the pilot group is really hoping that Commissioner Pritchard can prevail. He stated Commissioner Carlson has another appointment in July, a Mr. Frank Kinney; she has two appointments coming up; and Mr. Pritchard does not have an appointment until over a year from now.

Commissioner Pritchard stated regarding the current mix on the Airport Authority board, they have TRDA, CPA, Florida Space Finance, NASA retired, Post, Buckley, Schuh & Jernigan, Inc., and Jay Schenck; Mr. Schenck is an excellent representative and he has no problem with him; but what he is saying is they have all business people. He stated he believes Mr. Taft is also a businessperson; with Mr. Taft responding he was an engineer with Grumman. He stated what they do not have is someone who gives the aviation mix that he has been striving for over the last couple of years; they have business representation, but what they need is someone with full knowledge of operating aircraft, airports, runways, fuels, and all other aspects of aviation; and that is why he recommends Mr. Rivard. Chair Higgs stated there are two recommendations; and she needs a motion to appoint one of them.

Commissioner Scarborough stated his appointment is from Port St. John; and while he is at NASA, he has a Masters in airport management and a lot of knowledge; and that is one thing he tried to do, not only to have someone from the Port St. John area, but also someone who is knowledgeable about airports. He stated he will support Jay Schenck as a practical matter; he thinks Commissioner Carlson said it adequately; and since he is there and wants to continue, he should have the Board’s support.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to reappoint Jay Schenck to the Titusville-Cocoa Airport Authority with term expiring July 7, 2007. Motion carried and ordered; Commissioner Pritchard voted nay.

Commissioner Pritchard advised his nay vote is not because of Mr. Schenck; he just thinks there is enough business representation on the Authority, and that they need aviation representation.

APPROVAL, RE: TOURIST DEVELOPMENT COUNCIL REVISED CATEGORY E,
CULTURAL EVENTS FY 2004-05 GRANT APPLICATION HANDBOOK

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to table the Tourist Development Council revised Category E, Cultural Events FY 2004-05 Grant Application Handbook until May 25, 2004. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT (BROOKHAVEN STREET) IN PORT ST. JOHN, UNIT 8 - CYNTHIA CURTIS

Chair Higgs called for the public hearing to consider a resolution vacating a public utility and drainage easement (Brookhaven Street) in Port St. John, Unit 8, as petitioned by Cynthia K. Curtis.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution vacating a public utility and drainage easement (Brookhaven Street) in Port St. John, Unit 8, as petitioned by Cynthia K. Curtis. Motion carried and ordered unanimously.

Chair Higgs advised she has speaker cards on this item.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to reconsider the Resolution vacating a public utility and drainage easement in Port St. John, Unit 8, as petitioned by Cynthia K. Curtis. Motion carried and ordered unanimously.

Thelma Roper of Titusville, advised in reading some of the vacatings, she noticed the County is vacating easements so people can put in a swimming pool; and she is concerned that it may impact a drainage ditch that may be behind the house of the petitioner; and inquired how would it affect the other residents if it blocks part of the drainage system. She stated the backup package did not have answers to that. She stated she has an issue when the County takes property from citizens who pay for it, especially when it is for a swimming pool, and give it away; and inquired why is the County not looking for the same thing in return. Chair Higgs advised the Board cannot get compensation for those vacatings. Ms. Roper stated well, she does not feel a swimming pool is a reason to vacate public land; and she has concerns about the issue of blocking the drainage easement and people down the way will not get property drainage; and inquired what is the County doing to them.

Chair Higgs requested the County Attorney address the issue of collecting money for vacatings; with County Attorney Scott Knox responding the Board cannot do it.

Walter Pine of Titusville, stated the Board cannot is not an adequate answer and he would like to know why; with Mr. Knox responding because the cases say so. Mr. Pine stated basically what Mr. Knox is saying is they have an individual right to do just recompense for the taking of private property, but the public does not have the right to recompense for property that the Board gives away; with Mr. Knox responding that is what the courts say. Mr. Pine inquired what does the law say; with Mr. Knox responding that is the law; and the Board tried it before and it cannot do it. Mr. Pine stated that sounds strange to him because what Mr. Knox is saying is when the County purchases property it cannot sell it; he has seen the County sell property; and inquired how does that fit, and if it cannot sell it, how did it sell it; and if it can sell it, why can it not sell it this time. He stated if it is a matter of procedures or the amount of property or the thresholds, he would like to know because it is important when the taxpayers put out money to buy an easement purchase whether it is EEL’s or whatever, that when it is subsequently transferred back to private property, the money that was invested in that property should be recovered, otherwise all the County is doing is taking their tax money, giving it to somebody, then giving the property away. Mr. Pine stated somehow that does not sound right and if that is the status of the law perhaps that should be challenged. He stated if it is the position of the Board that people should pay for things then give it away, he has a lot of things he would like to have; and he would be glad to start applying for them because if that is the status of the law, he will use it. He stated he suspects there are some incongruities and would like there to be a valuation placed on those vacations; even if the Board cannot request that people pay for it, the public has a right to know how much value it is giving away, whether it is $100 million, $10 million or $2.00, they still have a right to know because it is being transferred from public hands to private hands. He stated he would like to see in all vacations something added to the packet that explains to the public the value of what the Board is transferring from the County to the private sector because that has to do with their loan values, how they do their budgets, what taxes are, and a lot of things; so he would appreciate that because the public has a right to know.

County Manager Tom Jenkins advised for the benefit of anyone listening, the property is owned by private individuals and when they come in and develop their property, they are asked to set aside a portion of their property in an easement; it is never under public ownership; it is under private ownership; and government takes an easement over somebody’s property. He stated if over a period of time government has no use for the property, an individual property owner is allowed to petition the government and say it is not using it for utilities or drainage or any of the originally intended purposes being asked of that property, so let them use their property again; and that is basically what it is. He stated it has always been in private ownership and stays in private ownership.

Commissioner Scarborough advised Cynthia Streeter who handles vacatings has a procedure she goes through; and inquired how does the Board know that nobody is negatively impacted by vacatings; with Cynthia Streeter responding she sends notices to different County Departments, particularly Roadways and Landscaping that is in charge of the drainage structure, talk to representatives of the Departments, and they say if there are issues or no issues regarding drainage. She stated vacating a portion of this easement is not going to impede or impact any type of drainage in the area. Commissioner Scarborough inquired if the Board knows, when it vacates, there is no negative impact because staff is serious about it and once it is vacated, it could have profound problems. He stated Ms. Streeter puts a lot of time in each of the vacatings; and he does not think people realize how much is put into it.

Transportation Engineering Director John Denninghoff advised in addition to requesting their maintenance agencies about vacatings, they also request information or comments from Regional Stormwater Utility that has plans for future improvements, which might be in an area; in this case, they had no objections to it; that was not the case at the last Board meeting, where they had an objection to a vacating; and it was denied.

Chair Higgs advised these are vacatings of easements which are in the ownership of the individuals and not in public ownership. Mr. Jenkins advised Commissioner Pritchard pointed out that they also pay taxes on the easements. Commissioner Pritchard stated that is exactly right, they have been paying taxes on the property they could not use; and now they will be able to use it.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt a Resolution vacating a public utility and drainage easement (Brookhaven Street) in Port St. John, Unit 8, as petitioned by Cynthia K. Curtis. Motion carried and ordered unanimously. (See page for Resolution No. 04-107.)

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN PLANTATION ESTATES - BENNY AND LINDA SMITH

Chair Higgs called for the public hearing to consider a resolution vacating a public utility and drainage easement in Plantation Estates, as petitioned by Benny and Linda Smith.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution vacating a public utility and drainage easement (Lee Hall Place) in Plantation Estates, as petitioned by Benny and Linda Smith. Motion carried and ordered unanimously. (See page for Resolution No. 04-108.)

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN INDIAN RIVER
PLANTATION ESTATES - FRED AND RACHEL KUSTERER

Chair Higgs called for the public hearing to consider a resolution vacating a right-of-way in Indian River Plantation Estates, as petitioned by Fred and Rachel Kusterer.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution vacating right-of-way (McCullough Road) in Indian River Plantation Estates, as petitioned by Fred and Rachel Kusterer. Motion carried and ordered unanimously. (See page for Resolution No. 04-109.)

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY (OLD DIXIE
HIGHWAY) - GENERAL DEVELOPMENT, INC.

Chair Higgs called for the public hearing to consider a resolution vacating a right-of-way known as Old Dixie Highway, as petitioned by General Development, Inc.

Cynthia Streeter advised there are problems with the vacating; and recommended the public hearing be continued to May 25, 2004.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to continue the public hearing on a resolution vacating right-of-way (Old Dixie Highway), as petitioned by General Development, Inc. until May 25, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
PLAT OF ORLANDO BEACH - MARTIN GREENE

Chair Higgs called for the public hearing to consider a resolution vacating public utility Easements in Plat of Orlando Beach, as petitioned by Martin Greene.

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Colon, to adopt Resolution vacating public utility easements (35th Street) in Plat of Orlando Beach, as petitioned by Martin Greene. Motion carried and ordered unanimously. (See page for Resolution No. 04-110.)

PUBLIC HEARINGS, RE: RESOLUTION VACATING RIGHT-OF-WAY (OLD DIXIE
HIGHWAY) - GENERAL DEVELOPMENT, INC., AND RESOLUTION VACATING
RIGHT-OF-WAY IN INDIAN RIVER PLANTATION ESTATES - FRED AND
RACHEL KUSTERER (CONTINUED)

Chair Higgs advised Ms. Roper had a speaker card on Item IV.D., but the item was continued to the next meeting. Thelma Roper stated she submitted cards for Items IV.C. and IV.D. Chair Higgs advised she does not have a card for IV.C., but has the card for IV.D. Commissioner Scarborough suggested the Board allow Ms. Roper to speak.

Thelma Roper of Titusville stated she is not so confused on these items because they are not personal property, they are roadways; and she understands the Old Dixie item is being continued. She stated Item IV.C., McCullough Road, goes to the Florida East Coast railway; the property abuts that, if her reading of the map is correct, and it is a defunct FEC bed that is under the Rails to Trails Purchase Program right now. She stated she would foresee that the road may be needed at some point in the future; and she does not like to give away roads. She stated Old Dixie is a historic road; and she does not think the Board should vacate any portion of Old Dixie anywhere. She stated on McCullough Road she does not think it would be wise; she understands they own the property on both sides of McCullough Road; and inquired if they own the property on the other side of the railway also, and is there some point where it may be opened up to reach that property. She stated it is a roadway and not private property.

Chair Higgs advised Mr. Pine had a card on IV.D. as well, and it is being continued to the next meeting.

Walter Pine stated as far as giving away roads, he opposes that, and will make a quick comment here and save the rest of it. He stated Mr. Jenkins made a comment about easements that was legally incorrect, and he was practicing law before this County; he is tired of people commenting to change the public opinion incorrectly; and as Commissioner Scarborough flippantly commented on, he asked Mr. Jenkins for his law degree. He stated Commissioner Scarborough is a member of the Bar and so is Mr. Knox; and Mr. Jenkins has run afoul of practicing law without a license before, and the Commissioners laugh about it; but these are important issues and the things that protect our rights. He stated the small issues that are so funny, he sees at least Commissioner Higgs and Commissioner Carlson laughing about, and Commissioner Colon as well; and he is glad they consider them so unimportant because he wants the people who vote for them to realize that those things and those misrepresentations that are made by staff before Commissioners have knowledge of are done with their consent. He stated some of them are members of the Bar, but they do it with their consent; those checks and balances are important; but obviously not to the Board.

Chair Higgs advised Item IV.C. passed, and Item IV.D. has been continued to May 25, 2004; and if any Commissioner wishes to take the comments and reconsider the items, she will take a motion at this point. No response was heard from the Board.

The meeting recessed at 4:31 p.m., and reconvened at 4:44 p.m.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN CATALINA ISLE ESTATES, UNIT 6 - ALDEN AND MARILYN SEWALL

Chair Higgs called for the public hearing to consider a resolution vacating a public utility and drainage easement (New Hampton Way) in Catalina Isle Estates, Unit 6, as petitioned by Alden and Marilyn Sewall.

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt Resolution vacating a public utility and drainage easement (New Hampton Way) in Catalina Isle Estates, Unit 6, as petitioned by Alden and Marilyn Sewall. Motion carried and ordered unanimously. (See page for Resolution No. 04-111.)

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN HOLIDAY COVE, UNIT 1 - RENATO AND JOSEPHINE TORDONE,
AND REQUEST FOR WAIVER OF FEE

Chair Higgs called for the public hearing to consider a resolution vacating a public utility and drainage easement (Phillips Court) in Holiday Cove, Unit 1, as petitioned by Renato (Leonard) and Josephine Tordone.

Josephine Tordone advised the vacating is necessary in order to screen their pool; and she is here to answer questions and request the Board to waive the fee if possible.

Commissioner Pritchard advised this is an unusual situation in that the Tordones have been maintaining their pool for years and have reached the point where it is becoming a physical problem to do that; and they want to screen the pool and have run into problems as the deck is encroaching into the Easement. He stated BellSouth has an existing power pole in the Easement; and the petitioners are working with BellSouth and Florida Power & Light Company to resolve the issues about the power pole.

Transportation Engineering Director John Denninghoff advised the Tordones attempted to work with BellSouth and Florida Power & Light Company; and Cynthia Streeter attempted to facilitate that coordination, but the utility companies are unwilling to do any more than to consider it and object to the vacating because of their facilities and that it would be very difficult if not impossible for them to relocate the pole. He stated the Tordones cannot achieve clearances that are necessary in order for the screen enclosure to be constructed; so the vacating of the Easement would allow the structure, which would interfere with the ability of the utility companies to maintain their facilities.

Commissioner Pritchard inquired if there is a way to construct the enclosure at a lower angle to the ground to take it out of the height restriction; with Mr. Denninghoff responding he does not know as he did not design it for them.

Commissioner Scarborough suggested continuing the public hearing until next week to find out if there are other options. Commissioner Pritchard stated that is the best option at this point; and he will work with the screening company to get a better understanding of how they might be able to construct the screened enclosure to protect the pool and not have a problem with the power pole and wires. Ms. Tordone inquired if Commissioner Pritchard will contact the screening company or will she have to do it; with Commissioner Pritchard responding he will do it for her.

Motion by Commissioner Pritchard, seconded by Commissioner Higgs, to continue the public hearing on a resolution vacating a public utility and drainage easement in Holiday Cove, Unit 1, as petitioned by Renato and Josephine Tordone until May 25, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
BAREFOOT BAY, UNIT 1 - JAMES AND HARRIET RIGG

Chair Higgs called for the public hearing to consider a resolution vacating public utility easements (S. Papaya Circle) in Barefoot Bay, Unit 1, as petitioned by James and Harriet Rigg.

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt Resolution vacating public utility easements (S. Papaya Circle) in Barefoot Bay, Unit 1, as petitioned by James and Harriet Rigg. Motion carried and ordered unanimously. (See page for Resolution No. 04-112.)

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
BAREFOOT BAY, UNIT 1 - ALBERT AND DORIS KRILL

Chair Higgs called for the public hearing to consider a resolution vacating public utility easements (N. Papaya Circle) in Barefoot Bay, Unit 1, as petitioned by Albert and Doris Krill.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution vacating public utility easements (N. Papaya Circle) in Barefoot Bay, Unit 1, as petitioned by Albert and Doris Krill. Motion carried and ordered unanimously. (See page for Resolution No. 04-113.)

PUBLIC HEARING, RE: RESOLUTION VACATING DRAINAGE EASEMENT IN SIX MILE
CREEK SUBDIVISION, PHASE III - WILLIAM AND DONNA WENDORFF

Chair Higgs called for the public hearing to consider a resolution vacating a drainage easement (Lionel Drive) in Six Mile Creek Subdivision, Phase III, as petitioned by William and Donna Wendorff.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution vacating a drainage easement (Lionel Drive) in Six Mile Creek Subdivision, Phase III, as petitioned by William and Donna Wendorff. Motion carried and ordered unanimously. (See page for Resolution No. 04-114.)

PUBLIC HEARING, RE: RESOLUTION VACATING NORTHERLY EXTENSION OF
INTERLACHEN ROAD - MATTHEW HOLDINGS

Chair Higgs called for the public hearing to consider a resolution vacating the northerly extension of Interlachen Road, as petitioned by Matthew Holdings.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to continue the public hearing to consider a resolution vacating the northerly extension of Interlachen Road, as petitioned by Matthew Holdings until July 20, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN JUNE PARK
SUBDIVISION - ROBERT BRUCE AND WILLIAM LEMLEY

Chair Higgs called for the public hearing to consider a resolution vacating rights-of-way (Indiana Avenue, Caton Avenue, Dorchester Avenue, and Maple Street) in June Park Subdivision, as petitioned by Robert Bruce and William Lemley.

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to continue the public hearing to consider a resolution vacating rights-of-way (Indiana Avenue, Caton Avenue, Dorchester Avenue, and Maple Street) in June Park Subdivision, as petitioned by Robert Bruce and William Lemley until August 10, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT
AD VALOREM EXEMPTION TO RMD AMERICAS, LLC

Chair Higgs called for the public hearing to consider an ordinance granting economic development ad valorem exemption to RMD Americas, LLC.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to continue the public hearing to consider an ordinance granting economic development ad valorem exemption to RMD Americas, LLC until July 20, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTERS 42-71 THROUGH 42-100
PERTAINING TO AMBULANCE AND EMERGENCY MEDICAL SERVICES

Chair Higgs called for the public hearing to consider an ordinance amending Chapters 42-71 through 42-100 pertaining to ambulance and emergency medical services.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to continue the public hearing to consider an ordinance amending Chapters 42-71 through 42-100 pertaining to ambulance and emergency medical services, until May 25, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: APPEAL OF KRISTEN M. SAUNDERS OF ZONING OFFICIAL’S
INTERPRETATION ON ALTERATION OF LOT

Chair Higgs called for the public hearing to consider an appeal of Kristen M. Saunders of the Zoning Official’s interpretation on alteration of lot requirements. She stated she understands they divided the lot and is requesting it be returned to one lot; with Planning and Zoning Director Mel Scott responding that is correct. Chair Higgs inquired under what powers does the Board have to act on the request; with County Attorney Scott Knox responding the Board can interpret the law. Chair Higgs stated if the Board wants to configure the lot to the one lot before it was divided, a motion would be to uphold the appeal; with Mr. Scott responding he would recommend option 2.

There being no further comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Option 2, to overturn the zoning Official’s interpretation and direct the Zoning Official to allow for the merger of properties to regain their previous nonconforming status. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: TRANSMITTAL OF 2004A COMPREHENSIVE PLAN
AMENDMENTS TO DEPARTMENT OF COMMUNITY AFFAIRS

Chair Higgs called for the public hearing to consider transmittal of the 2004A Comprehensive Plan amendments to Department of Community Affairs.

Paul Gougelman, Melbourne City Attorney, inquired if Planning and Zoning Director Mel Scott is going to brief the Board on the correspondence they had, as it may save him the need to make any presentation. Planning and Zoning Director Mel Scott inquired if Mr. Gougelman agrees with what is being presented or are there any issues outstanding with the City; with Mr. Gougleman responding no, the question is on the interpretation, and requested the letters be made a part of the record. Commissioner Carlson inquired which amendment is it; with Mr. Gougelman responding Policy 12.6(e) that is going in the Future Land Use Element. He stated he sent a letter to Mr. Scott on April 7 to clarify the intent of the County regarding that policy; Mr. Scott responded on April 15; in essence the letters were going to be entered into the record; and if not, they need to make them part of the record. Mr. Gougelman advised the City of Melbourne has a history of supporting the County with regard to its activities with a water and sewer district; the policy is merely an additional step in that direction; and his purpose for being here is to clarify what the County’s intent is and would like the Board to tell the City that today. He stated the policy points at major improvements that are being made to serve the unincorporated area of Brevard County; however, as they also read, they think if the County approved a service area under Ordinance 2003-32, which sets up the water and sewer district, that if there were any improvements to be made by the City to provide better service or expand service within that assigned area, that would undergo a review by the County staff, but would probably be a no-objection review if they were going to put in new water tanks, expand the size of water tanks, and improve distribution system within that assigned area. He stated Mr. Scott’s letter to him indicated he talked to the County Attorney’s Office and it was their opinion that his reading of the Ordinance was correct; so they would like to confirm with the Board that it is in fact the case. Chair Higgs inquired what would Mr. Gougelman want the Board to do; with Mr. Gougelman responding as a matter of legislative intent say the City is reading the policy correctly. Mr. Scott stated he concurs that Mr. Gougelman is reading it correctly. Chair Higgs inquired if Mr. Knox agrees with that interpretation; with County Attorney Scott Knox responding yes. Mr. Gougelman stated the City agrees with Policy 12.6(e) and is supportive of it. Commissioner Carlson inquired if it is Amendment 2004A.2; with Mr. Scott responding it is on page 24.

Russell Gray, representing residents of Country Estates and on the east side of Adamson Road, advised a part of the Comprehensive Plan amendment involves future expansion of the landfill, which is close to their homes; if the plan as is goes forward, it would place the landfill within 400 feet of their houses; and now it is a mile from their houses. Mr. Gray stated the land was purchased within the last decade since the time the landfill was going to close and move to the Mormon property; it is zoned residential 1; and now there is a motion to change it. He stated when they asked what was going on, Dick Rabon, former Director of Solid Waste Management, told them it would remain a buffer between the residential areas and Calico Lake area; but the ordinance as written has only a 400-foot setback included. He stated he wrote a letter requesting half of the property be deemed a natural conservancy; there is a huge amount of wildlife that live in the ecosystem of the landfill; it is a very old landfill and has been there before Environmental Protection Agency was formed; and as a consequence, the wildlife have evolved over the years and depend on the foliage and virgin woods that are now slated for destruction. Mr. Gray stated the County bought 250 acres; and he requested that 1,500 feet along Adamson Road be dedicated to a nature conservancy so the animals would not be displaced and to provide a buffer for the residents of Adamson Road.

Commissioner Scarborough advised he suggested this segment of the amendments be put off to 2004B; and Solid Waste Management Director Euripides Rodriguez did not have a problem with it as it is not a rush issue. He stated it is difficult to deal with it here and since it is not a rush issue, he would recommend the Board take no action on that segment today so they can work it out with Solid Waste.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize transmittal of 2004A Comprehensive Plan amendments to the Florida Department of Community Affairs, with deletion of Amendment 2004A.1 to be brought back for the second submittal. Motion carried and ordered unanimously.

Doug Robertson introduced William Deatrick, Facilities Director for Brevard County Housing Authority, advised their request is to modify the language in Objective 7, the Coastal Zone Element; the text currently reads, “Limit densities within the coastal high hazard zone and direct development outside of the area.” Mr. Robertson stated what they would have to do is perhaps add some qualifications to that Objective, which would allow flexibility for projects that have public merit; and he submitted language to amend the Comprehensive Plan. He stated since the language was so specific, staff suggested there be a directive option, which has been done before, that can be utilized especially in some areas of the South Beaches, which addresses specific areas and specific projects. He stated he could go into the directive, but if the Board has it in its packet and understands it, it is specific to the project, which is a public housing demolition and redevelopment project to provide housing for the elderly.

Jerry Wahl of Cocoa advised he supports Mr. Gray’s comments and the folks on Adamson Road; and the West Canaveral Groves Homeowners Association, community relations committee and neighborhood action plan committee support it. He stated they are all concerned about possible effects on their side adjacent to the canal; and they have conservation concerns.

PUBLIC HEARING, RE: PROPOSED CHANGE #14, ZONING CHANGE, AND
COMPREHENSIVE PLAN AMENDMENT FOR VIERA DRI; AND PLANNING
AND ZONING BOARD RECOMMENDATION OF MAY 3, 2004, ITEM IV.B.1.,
A. DUDA AND SONS, INC.

Chair Higgs called for the public hearing to consider a notice of proposed Change #14, Comprehensive Plan amendment for Viera DRI; and Planning and Zoning Board’s recommendation of May 3, 2004, on Item IV.B.1., A. Duda and Sons, Inc.’s request for change from AU, PUD, BU-1, PBP, PIP, and IU-1 to PUD-DRI on 5,344.92 acres located west of I-95, south of Barnes Boulevard, and north of the Pineda, which was recommended for adoption of the Comprehensive Plan amendment by the LPA, and approval of the zoning changes by the P&Z Board. Chair Higgs advised of the time allotted for applicants and speakers.

Carey Hayo, with Glatting, Jackson Planning Firm in Orlando, representing The Viera Company, advised the Comprehensive Plan amendment that has been proposed is to true up the DRI with the Comprehensive Plan; they have made about 14 changes to the DRI since it was approved in 1995; and over time, the plan has changed somewhat geographically and contextually; so in cooperation with County staff, they prepared a Comprehensive Plan amendment that would marry the current status of the DRI with the Future Land Use Element. She stated in meeting with Department of Community Affairs in response to its ORC report, they added language into the amendment that preserves the basic integrity of the new town, which describes Viera as a totally mixed-use community; the language contains floor area ratios, minimum and maximums of mixes of land uses, and densities and intensities, which were requested by the Department of Community Affairs. She stated they have a sign off from Department of Community Affairs on the approach and are in agreement with staff’s report on this item. Ms. Hayo advised the second item is the amendment to the DRI; right now they have an exceptional opportunity to partner with HealthFirst in the development of the Viera Med-Health Park, which will not only serve the residents of Viera, but will serve all of Central Brevard County; and the medical campus will include a hospital, medical offices, assisted living facilities, health center, and other related medical uses. She noted Roy Wright, President of Cape Canaveral Hospital, is in charge of the HealthFirst project and would like to make a brief presentation to the Board on the Viera Medical Park.

Roy Wright, President of Cape Canaveral Hospital and Vice President of HealthFirst advised they are excited about the opportunity to build a health and wellness park at Viera and with Viera on the southwest corner of Wickham Road and Lake Andrew Drive, as it is a high-growth area and one that will continue to grow and have a demand for health care services. He stated currently they serve about 65% of the residents who seek health care in hospitals and outpatient facilities; they come to one of the HealthFirst facilities; so they are actually looking forward to putting a facility near where the residents are asking for services. He stated they filed a certificate of need for the hospital on April 14, 2004; the decision from the agency for health care administration is due June 11, 2004; and in their packet for the application, they have letters of support from Wickham Lakes Homeowners Association Board of Directors as well as Suntree Master Homeowners Association Board of Directors. Mr. Wright advised they met with Wickham Lakes homeowners twice to gather their input; they will continue to meet with them; and overall they have their general support due to the fact they included a lot of their concerns in the planning of what they intend to do. He stated there are three phases to the project; the first phase is a medical office building, pro-health and fitness center, and outpatient services; and of particular note is the setback from Lake Andrew Drive, which is 600 feet from the right-of-way where Wickham Lakes is. He stated it is a component they worked out with the Homeowners Association and is included in the Development Order; so they will maintain the 600-foot setback from Wickham Lakes no matter how the eventual design turns out. He stated they will also include berming and water features; and they will mirror and in fact enhance the setbacks from the road that Wickham Lakes currently has. Mr. Wright advised the phase will begin in 2005 and be completed in 2007; and it will consist of 160,000 square feet and create about 235 new jobs. He stated phase 2 is where the hospital will come into play; they expect at a minimum it will take three years before the hospital is completed, but more than likely five years because the certificate of need process will probably run from two to three years; it will include initially 100 beds, 84 of which would be licensed and 16 would be observation beds; and it will also include expansion of outpatient services, a cancer center, and perhaps a hospice facility similar to what they are building in Palm Bay that will open this summer. He noted the facility would add 850 new positions; the subsequent phases would be to increase it to 150 beds that are noted in the Development Order as demand increases for services; and one important point is that they are building a facility to exceed hurricane standards that are in place so that the facility can be a receiving facility for evacuation from Cape Canaveral Hospital and nursing homes, and be a support area for residents during that critical time. He stated it will also be designed to handle emergency mass casualty issues; and they have been working with Emergency Management Director Bob Lay to design the facility to properly handle any type of mass casualty effect that might occur at one of the institutions in the County. He noted they intend to develop the facilities in the Mediterranean style architecture that they have at their headquarters building, which will blend well with the architecture of Viera.

Ms. Hayo advised Viera has been developing its first phase, which is slated to end in 2005; the HealthFirst development, as well as additional Viera development will take Viera into the second phase; and in order to do that, the Development Order required a traffic study. She stated they conducted the study and identified needed roadway improvements to accommodate the development program; they identified $6.5 million in needed improvements; $3 million will go to six-laning Wickham Road, from Murrell Road to Lake Andrew Drive; and there are three intersection improvements that they will be paying almost $1 million to improve. She noted those intersections are Murrell at Barnes, U.S. 1 at Suntree, and Wickham Road at Pineda. She stated they are also paying an additional $2.5 million for an alternative improvement to the six-laning of U.S. 1, from Florida to Eyster, which will also serve as a reliever to Wickham Road; it is further east turning south; and in addition, they are constructing a left-turn lane on eastbound Wickham by 2005 at its intersection with Murrell Road for $100,000. Ms. Hayo advised they have a Development Order condition that states no additional development can occur beyond phase II.A. until the Pineda Interchange with I-95 is programmed for construction; so all the improvements she listed, the $6.5 million worth, must be under construction by 2008 to insure their mitigation. She stated they also did an affordable housing analysis that was required; and they contend the affordable housing and traffic studies demonstrate that they have no additional regional impacts they have not mitigated. Ms. Hayo stated the $6.5 million in traffic improvements will provide the adequate mitigation for their traffic requirements; they have received letters from Department of Community Affairs and the East Central Florida Regional Planning Council agreeing with their pledge; and they are in agreement with the County staff’s recommendation and draft development order that commits The Viera Company to all the improvements she outlined. She stated the last item before the Board is the amendment to the PUD, which does the same thing as the Comprehensive Plan amendment; and it is trying to true up and align the PUD with the DRI documents that are in place. She stated the team members are here and prepared to answer any transportation questions the Board may have or any questions relating to HealthFirst.

Commissioner Carlson requested Ms. Hayo cover the revised language staff and The Viera Company put together to be included in the Development Order as Condition #40. Ms. Hayo advised there is a fair share contribution they agreed to make for three intersections in the amount of $982,630. Ms. Hayo stated they drafted language in the development order that commits them to either making the improvements or, if at some point in the future those improvements are made by others, or the agencies involved agree those improvements are no longer needed, the money could be spent at the option of the County and applicant on an alternative to Wickham, which would join the $2.5 million, or look at an alternative to U.S. 1 or Wickham Road as the north/south reliever. Commissioner Carlson inquired if Mr. Kamm wants to add anything to that in regards to doing future traffic analysis and how it might evolve in the future; with Transportation Planning Director Bob Kamm responding the way the regulations for a DRI is set up, it is very structured; The Viera Company went through all the necessary steps to identify their impacts and calculate their financial contributions to fixing them; however, in looking at the specific projects, it was clear to staff that perhaps there may be an alternative or better use of the funds. He stated Ms. Hayo mentioned $2.5 million to improve U.S. 1 in the Cocoa-Rockledge area; they are only required to use the first three years of the Florida Department of Transportation (FDOT) Work Program; in five years that project may be fully-funded; and it would put the $2.5 million towards a project that is already funded, and the FDOT money could go to some other county, so they thought it would be prudent for the Board to consider the $2.5 million from U.S. 1 as well as the $1 million roughly for three intersection projects as a package of three and a half million dollars, and work with The Viera Company and its consultants to identify potential alternative uses for those funds in the general Wickham/North Melbourne area that may address deficiencies that would be of interest to The Viera Company as well as potential community-wide deficiencies. He stated staff is comfortable with that and allowing them to identify, in the next few months, alternative uses for the $3.5 million they believe will be a potentially better use of the money. Commissioner Carlson inquired if Ms. Hayo could clarify for those who are viewing and some who may be in the audience that are interested, that in the development order, Viera has the opportunity to develop 14,000 units; and inquired if that is correct. Ms. Hayo stated in 1995, they were approved for a total of 14,000 dwelling units on the west side of I-95 as well as some three million square feet of nonresidential development; those total numbers were approved; and they are required, at certain stages, to come in at increments and assess their traffic needs to advance towards developing that total buildout program; and they are at the step of looking at the next chunk of development. Commissioner Carlson inquired how many units have been used; with Ms. Hayo responding about 4,500 on the west side. Commissioner Carlson inquired if this change is for additional units; with Ms. Hayo responding it will be 2,600 residential units, which will leave them more than 10,000 plus. Commissioner Carlson stated just so everybody understands how development is going in Viera, they understand there are issues on Wickham Road that may or may not be because of Viera developing; but for all practical purposes, the development order has okayed their ability to do 14,000 units; and those are not on line yet; so as they continue down that road, they have to mitigate for any traffic improvements. She stated right now they have to put up $6.5 million for those improvements to continue development of the community. Ms. Hayo stated Viera overpass is under design right now, which is an alternative road to using Wickham Road; and the hospital will most likely not take place until I-95 is widened and Wickham Road is six-laned, which is their responsibility.

Chair Higgs advised there are several speakers, and Ms. Hayo will have time to rebut.

Commissioner Pritchard stated when they went through the presentation, one comment he mentioned was concerning growth in the County; everyone knows he is a property rights advocate; he believes in that and also believes in the environmental rights; but the concern he has is building a lot of houses on 70 and 80-foot lots. He stated when he saw the proposal, it is a nice layout with lakes and everything else; his comment is why can they not build on minimum 100-foot lots by 120 feet deep; and if they are going to develop property, why they cannot do it with less density by not packing people along the street so they have long yards. He stated a half-acre subdivision would be most attractive; and inquired if The Viera Company can look into that and develop properties that would have more land surrounding houses so they are not living elbow-to-elbow with their neighbors. Ms. Hayo stated they have a lot of opportunity as they move forward to look at a variety of lot sizes; and that is one of the basic tenets of Viera, to have a mix of lot sizes and housing types. She stated she imagines in the future they would be looking at that as one of the options. Commissioner Carlson stated there may be a point in time where they will not have an option other than to do that; based on the current infrastructure, even with six-laning I-95, if they keep development west of I-95, and reduce the impact that way, it still may not be enough and they may have to increase lot sizes; but they are not there yet. She stated right now, the dollars they are proposing to improve the traffic situation will hopefully help the County; further analysis of improvements on current impacts the County is having right now on Wickham Road will hopefully be a positive thing; but down the road there may be some changes. Commissioner Pritchard stated since he went through this situation in Broward County, he does not want to see that happen in Brevard County; it happened the same way in Broward with developments to the west; at that point there was a buffer between SR 7, which is like I-95; and developments were further west and green space in between them; but they filled in at about the same density; and they ended up with very crowded conditions. He stated the Board has a chance to salvage as much of the land as it can; there are various proposals of how they can do that; he happens to believe in private ownership where they can use their land; and if that is half-acre, one-acre, two-acre lots, then that is the way to control density but still give the individuals elbow room and development of their property to their expectations. He stated he is not talking about massive common areas; he does not happen to favor that type of development and thinks private property ownership is more important to the individual; and he thinks if they have a development where it is half-acre or larger lots, they will have a very attractive development.

Glenda Busick of Melbourne stated she was here when the original DRI was done on Viera; she was a novice and she is a novice still; but she was a real novice then. She stated she had no idea what a DRI was about; now that she lives here, she has seen what has happened; she is in total disgust because what they have is 45 houses in and 2,600 and 10,000 more to come; and the roads are horrific. She stated the report says the north/south portion of Wickham Road are likely to remain congested even with the intersection improvements listed in the required improvements; it is chaos in the County; the Board is 300 million dollars behind in roads; and she does not think the public understands that. She stated $300 million behind in roads and now it is going to have a hospital jammed in there and 4,000 and 10,000 more houses coming; and she is standing as a taxpayer saying think for a minute; she is not making any money on the lots at Viera; Duda and Sons and The Viera Company and whoever is selling those lots are; the developers who are building the houses are making money; but taxpayers are sitting over here with miles and miles of roads leading to Viera; and she does not know if they are called arterial, collector, or whatever, but they are stuck. She stated the developer is paying a pittance; $6.2 million is a drop in the bucket for what chaos they are causing in the County; and inquired what can the Board do for them. Ms. Busick stated it is wrong; they are saying that there should be a roadway network implemented that includes the completion of Washingtonia Drive from Wickham Road to Eau Gallie Boulevard, and the Pineda Causeway interchange with I-95, and its western extension to Lake Andrew Drive; there are no more south roads; and I-95 is called a highway because they all drive on it to get away from Wickham Road. She stated the little part they are going to six-lane is from Murrell Road to Lake Andrew Drive; I-95 bridge has to be widened; it is chaos; and inquired what can the Board do for them. She stated she just does not understand why the DRI was approved in the early 1990’s, but they have problems now, then or twelve years later; and inquired what can they do; they have chaos, they have growth; they need help; and what can they do to stop the problem with the roads. She stated she needs answers and inquired if there are any answers.

Commissioner Carlson stated the only answers are what Ms. Busick is listening to right now because they had their DRI okayed back in the 1990’s; it is a planned community, which she thinks in a lot of respects is better than sprawl that would have occurred anyway; and at least with a planned community, they have to make payments for impacts to the community. She stated it will not pay for all impacts because Brevard County is long and narrow; and at some point the Board will have to say no; it is getting to that point now with the traffic issues on Wickham Road; and that is why it has been working with The Viera Company through the process to try and make sure those dollars are spent as wisely as possible because the Board does not have the current dollars in the budget to do anything. Ms. Busick stated they are going to pay $6.4 million and that to her is nothing; and inquired if the Board can adopt an ordinance that the developer has to take care of the impact on all the roads that feed in there, and not just little mile stretches. She stated that is the least of the problem; and inquired why should taxpayers outside of Viera pay for the roads that they caused trouble on. Commissioner Carlson stated based on the study, and correct her if she is wrong, they did the analysis on all the road systems that Viera would affect; and that is what the number shows, the $6.5 million impact to those that will help traffic flow better. She stated it will not completely fix the problem, but that is their impact. Ms. Busick stated they are going to have more traffic on U.S. 1, Wickham Road, and I-95; they need another road; it will not get fixed, it will only get worse; and she is sorry the Board is in this position.

Michael Myjak of Titusville stated the concern he has concerns infrastructure cost; there is an influx of development that is basically taking over the County and cities; and they are not able to keep up. He stated the roads and other infrastructure are behind; the $6.2 million for the roads are not going to impact the roads outside of the community; in fact they will adversely impact, not just the roads that feed the area; and inquired who is going to pay to upgrade and improve those roads, and if not the people, then who. He requested the Board consider an ordinance or Charter change that would restrict the letting of permits when they do not have the infrastructure to support development; and inquired if the existing infrastructure is at or above 100% capacity, why is the Board thinking about more permits until the infrastructure is brought back to capacity for the people who are already here. He stated it is something to consider and something the voters of this County would seriously consider approving should the Board decide to move it forward to a referendum. Mr. Myjak stated it is a drop in the bucket; he does not believe the amount of money those folks are willing to put forward for the roads will positively impact the rest of Brevard County; and that is what they need to see happen. He stated they need to see the flip side of that and a positive return because it is the existing taxpayers who are going to foot the bill.

Lisette Kolar of Grant stated she watched the P&Z meeting on this topic and was appalled that the P&Z Board actually approved it knowing the traffic problems they have in that area; she does not want to reiterate all the things other people said, but feels the same way; and it is something the Board has to think about. She stated there may not be much the Board can do because they were approved; but it has to try to take some steps because that area is a mess; they have to stop; and only the Board can do it.

Chair Higgs requested the applicant address the additional trips generated by the amendments being requested today over what is in the DRI; with Ms. Hayo responding Tim Jackson, President of Glatting Jackson, is their transportation expert and can explain it.

Tim Jackson advised this phase of the development is about 16% of the total traffic that will be generated by the Viera project through the end of the phase; the project would generate about 190,000 trips per day; and this phase is about 32,000 of those trips. Chair Higgs inquired if the proposed changes to the existing DRI will generate more trips; with Mr. Jackson responding it will add 32,000 trips to what was approved before now and brings it to a little over half of the total approved in 1991. Chair Higgs inquired if they are adding 32,000 with the amendment today; with Mr. Jackson responding to the total.

Commissioner Scarborough inquired, as originally envisioned, are they increasing trips above what was originally approved at buildout, and are they going to have 32,000 more trips at buildout; with Mr. Jackson responding no. Chair Higgs noted that is what Mr. Jackson told her; with Mr. Jackson responding no, they have not increased the total amount approved originally. Commissioner Scarborough stated that could have been interpreted that way by the way Mr. Jackson said it. Commissioner Carlson stated there is no change as far as the development order goes. Commissioner Carlson stated the scary part about concurrency is that eventually they hit the wall and will not be able to build any more; they all know it is coming; it is just when is it going to get here; and they are approaching it rather quickly right now.

Ms. Hayo stated they are required by law to pay their fair share of traffic impacts; they are required by the DRI development order to do traffic studies to gain approval for the phase of development; they have done that; and they do not want the roads that are leading into their project to fail either. She stated they have concurrence from all the agencies that their analysis is good; they are paying their fair share; and they are doing what needs to be done to handle the traffic that is generated by their project.

Mr. Kamm stated he would like to add a point for the public’s benefit; when the DRI was approved in about 1990, and the term was used that a certain amount of development was approved, that does not mean it is vested. He stated concurrency still applies; there was a very long list of infrastructure improvements that The Viera Company is going to have to make in order to get to that ultimate number; they are not vested, grandfathered, or protected; so they have to go through the concurrency checks all along the way. He stated Ms. Hayo, in her presentation, said one of the conditions in the development order is that if the Pineda interchange is not funded for construction in 2008, they have to stop; that is a condition of the development order; and he did not want the people to think it is going along unchecked or that there were no protections in the process.

Commissioner Scarborough inquired if the Board has increased the number of units originally approved; with Planning and Zoning Director Mel Scott responding no, it has not; and this is an acceleration of the phasing.

Chair Higgs advised she recalls when the Board discussed Viera West DRI, the actual number of units that could have been built before the DRI was more than what was built into the DRI; and inquired if that is correct; with Mr. Scott responding that is correct; it would not only have been a larger number potentially, but it would have been an ad hoc type of subdivision development, which is what make this an attractive alternative in the 1990’s. Chair Higgs stated those who were not particularly enthusiastic about some of the growth looked at this as not necessarily what they would want to see, but better than what they had. Chair Higgs requested staff state the motion for the Board’s consideration.

Planner III Steve Swanke advised the first motion is to adopt Comprehensive Plan Amendment 2003C.1.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt an Ordinance amending Article III, Chapter 62, Code of Ordinances of Brevard County; entitled the Comprehensive Plan; setting forth Plan Amendment 2003C; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XI, entitled the Future Land Use Element; and provisions which require amendment to maintain internal consistency with the amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 04-18.)

Mr. Swanke advised the second motion is for the Board to determine whether or not the proposed changes constitute a substantial deviation; and if they do not, then the Board can consider approval of the notice of proposed change.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to determine the proposed changes to the Viera DRI do not constitute substantial deviation, and approve Notice of Proposed Change #14 to the Viera DRI. Motion carried and ordered unanimously. (See page for Change #14.)

Mr. Swanke advised the third motion is to change the zoning classification from AU, PUD, BU-1, PBP, PIP, and IU-1 to PUD-DRI.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item IV.B.1. (SPE40501) A. Duda and Sons, Inc.’s request for change from AU, PUD, BU-1, PBP, PIP, and IU-1 to PUD-DRI on 5,344.92 acres located west of I-95, south of Barnes Boulevard, and north of the Pineda, as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously. (See page for Zoning Resolution.)

Mr. Swanke advised the fourth motion is to adopt the development order with the revised language.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution as amended, modifying the Development Order for Viera DRI. Motion carried and ordered unanimously. (See page for Resolution No. 04-115.)

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 78, ARTICLE III, DIVISION 2,
SECTION 78-115, ADDING PUBLIC BEACHES TO LIST OF PUBLIC AREAS IN WHICH
ILLEGAL FIREWORKS ARE PROHIBITED

Chair Higgs called for the public hearing to consider an ordinance adding public beaches to the list of public areas in which illegal fireworks are prohibited.

Commissioner Pritchard advised he received a note that the ordinance was not advertised properly and will be scheduled on the May 25, 2004 agenda. County Manager Tom Jenkins inquired if there was a problem with the advertisement. Commissioner Scarborough stated the safest thing to do is to continue the public hearing and figure it out.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to continue the public hearing on an ordinance amending Chapter 78, Article III, Division 2, Section 78-115, to add public beaches to the list of public areas in which illegal fireworks are prohibited until May 25, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 62-507, VESTED RIGHTS,
TAKINGS, CLAIMS, AND COMPREHENSIVE PLAN INTERPRETATION APPEALS

Chair Higgs called for the public hearing to consider an ordinance amending Section 62-507, Vested Rights, Takings, Claims, and Comprehensive Plan interpretation appeals; and instructed the County Attorney to give a brief summary of the ordinance.

County Attorney Scott Knox advised the ordinance allows a special master to hear vested rights applications and make proposed orders to the Board; and the Board will then take up the matter in written format with the proposed order being submitted in writing and any legal argument being made in writing as well. He stated the Board would then make a determination based upon those written presentations.

Dolores Kane of Merritt Island stated vested rights and takings can be Constitutional rights; she is concerned about taking of private property; so the hearings should be public hearings before elected officials.

Randi Morales, Attorney for Citizens for Resource Stewardship of Brevard, Inc., advised she reviewed the ordinance at the end of the week and she is concerned whether the ordinance will stand up to Constitutional muster. She stated her concern is if and when the ordinance is applied, it is going to be challenged; and she wanted to draw the Board’s attention to that. Ms. Morales stated there are three areas that are subject to challenge in the ordinance; the takings area, the vested rights divestiture area, which is a due process issue, and the special master review. She stated they want to make sure it is not a rubber stamp situation when a special master reviews appeals; and should the special master find the criteria in order, instead of the way the ordinance is written to say he “may” deliver it to the County Commission with an order, it needs to say “shall”. She stated she wrote a letter to Mr. Knox going through each area of the ordinance they had concerns with and flagged each section; she is not sure how the best way to address their concerns is; and she can go through it generally or go through the ordinance sections.

Commissioner Scarborough inquired if Ms. Morales talked to Mr. Knox about it; with Ms. Morales responding no, they did not have a chance to because she did the letter and faxed it to him late in the day. Commissioner Scarborough stated conversations between attorneys may not be disputes; some of the things could be resolved without involving the Board; and inquired if there is an urgency on adoption of the ordinance, or can the public hearing be continued. Ms. Morales inquired if it will be tabled for another hearing; with Commissioner Scarborough responding it may be the best way to consider her comments. He noted sometimes it is just a matter of wording and not a matter the Board needs to get involved with; and it could be worked out between Ms. Morales and Mr. Knox. Ms. Morales stated that would be fine.

Bobbie Bockman, President of Citizens for Resources Stewardship of Brevard, Inc. advised she does not think the issues with the ordinance are only in the wording; she is a lay person and not an expert, but from reading it, it looks to her like the average citizen of average intelligence, income, and means of support would have a difficult time navigating through it more so than before. She stated it seems to be more subjective type decisions rather than objective; and she objects to the overall ordinance. She stated Ms. Morales had several points she did not get to make; she would have given Ms. Morales her time, but knew that was unreasonable; and if the Board recommends she talk to Mr. Knox, maybe they can come to a better understanding of the overall objections to the ordinance and can present it at another time. She stated the whole ordinance needs to be reconsidered, not just tweaking of the wording because that would not get rid of all the issues they see in the ordinance.

William Ferrell of Indian Harbour Beach, representing Ferrell Ranches, advised not understanding all the ordinance, he has some concerns about another layer of government. He stated they own a lot of property and have dealt with some of those things; it concerns him that there will be another layer of government; they do not know how they are going to be treated by the special master who is someone appointed; and then it would come before the Board. He stated some things need to be defined and protect property owners; the intent should not be to insulate the Board; and he wrote a letter to the County and hopes the Board has a copy. He stated it does not relieve the Board from its responsibility to protect the rights upheld by the Constitution; and his concern is they are going to have a special master hearing the case and how the Board is going to handle the information that comes to it. He stated the way the ordinance is worded also concerns him; it is critical because it could be construed in many ways; it could be fruitless going through things with a special master or could be productive; and it depends on how it is set up. Mr. Ferrell stated the ordinance is vague and confusing; he is also concerned about the 30-day rule for appeal because it is a short fuse; and he is not sure that is a good idea. He stated it does not give parties room to negotiate or talk; by the time they have a hearing and it is over, they have to make a quick decision; and it is a forced narrow way of doing things. He stated the way it is drafted is not the best; it is onerous and unreasonable because of the short fuse; and requested the Board look into it and try to tweak some things with the help of Attorney Morales. He stated he would feel more comfortable coming before the Board because he knows who they are and does not know who the special master is; and maybe it can be made to work out; but it seems like just another layer of government.

Mr. Knox advised the 30-day time frame for appeals is currently in existence.

Commissioner Colon stated the direction was given back when the Board dealt with the issues regarding property owned by Carol Pope; she remembers Commissioner Scarborough mentioning that there has got to be a better way; then the Board had the Saunders’ issue and the Roberts’ issue; and that is probably when the direction was given. She stated had it not been for the process of going before the Board even though it spent so much time hearing all the testimony, it gives a different touch and almost a human side to it; the special master would not have the opportunity to sit with a constituent like she did for two hours; if it would solve the problems, she would say that is the way to go; but eventually the citizen would have a right to appeal, which would mean it is back to square one. She stated the Board should hear all the testimony; that is why she is uncomfortable going this route even though it would make life a little easier; the truth is a constituent is her boss; and he or she should be able to come and share the facts with her. She stated a special master does not give that touch; it is more used for Code Enforcement cases and people are seen as numbers; but those issues are important to them and affect their lives. Commissioner Colon stated the three cases were very heart-wrenching; the Board sat hour after hour, meeting after meeting; and it was difficult for everybody; but after seeing all that, it still seems to be the best process in her eyes.

Commissioner Pritchard requested Mr. Knox explain the process of the special master for Code Enforcement cases; with Mr. Knox responding the special master in Code Enforcement proceedings has a full-fledged hearing with evidence presented on both sides; and he renders his opinion and enters his order after he makes his findings. Commissioner Pritchard inquired where does the order go; with Mr. Knox responding he does not recall if it comes to the Board or not. County Manager Tom Jenkins advised they are now special magistrates instead of special masters, and after he renders his opinion, it does not come to the Board, and that is the end of it. Commissioner Pritchard inquired how would that differ from this process; with Mr. Knox responding he does not see any difference in terms of how it functions; the only difference is having to put all arguments and materials in writing as opposed to being heard. Mr. Jenkins stated it is different to the extent that with the special master at Code Enforcement, he renders a decision; and if they want to appeal it, they go to the circuit court. He stated in this case, the special master gives the Board a recommendation; both sides have the opportunity to provide written presentations; and the special magistrate’s recommendation would come to the Board in writing. He noted the Code Enforcement cases do not come to the Board. Mr. Knox stated the Board would have the final say in the process outlined in the ordinance. Commissioner Pritchard stated as he recalls, the three cases were quite lengthy and all sides were quite emotional; in fact, the Board had a special one-day meeting for Mr. Roberts; and the intent at the time was to try and eliminate as much of the emotional aspects of the process as it could. He stated the thought was if it was modeled after Code Enforcement special master cases, then they would cut to the chase and get to the real issues; and if the special master recommended denial, the petitioner had the ability to come and argue against the special master; so they would be back into the emotion of the issue. Mr. Knox stated the special master recommendation as structured in the ordinance comes to the Board in the form of a written proposed order; he makes findings of fact; and unless he is absolutely wrong on the evidence that was presented, which would be in the record that the Board would get to review, the Board would not change the findings of fact; but it can look at his conclusion of law; and if he recommended approval or denial, that can be changed if the Board does not agree with it and has a reasonable basis to disagree with it. Commissioner Pritchard noted it would give the Board an objective view based on subjective law. Mr. Knox stated all the evidence would be reduced to the findings of fact that the special master makes. Commissioner Pritchard stated that was one of the things he was interested in, having someone that would provide the findings of fact, then the Board would review that and if it goes against the petitioner’s wishes, they still have the opportunity to plead their case; but at least the Board has a more concise definition as to what the case is about. Mr. Knox stated that is the way it would work; the written argument would come to the Board; and if it wants to open it up for oral presentations, it is free to do that, but that is not in the ordinance. Commissioner Pritchard stated one of his concerns is if petitioners do not have the ability to write their cases; and inquired if there is another avenue they can take that would allow them to present an oral testimony that could be transcribed. Mr. Knox stated he could incorporate that option in the ordinance.

Chair Higgs stated in some ways oral presentations are one-shot deals; if it is put in writing, the petitioner can revise it and make it better; so in some ways, it is a greater protection to those who may not be used to the process. Commissioner Pritchard stated he is not disagreeing with having it in writing, his question is some people may not have the ability to scribe; not everyone is computer literate or can write well; and not everyone can articulate their thoughts. Chair Higgs stated she knows that, but they have a better chance if they are totally lay persons of getting a written product they can get help with and amend and perfect it rather than having a one-shot presentation of an oral argument. Commissioner Pritchard stated he is not disagreeing with that; and inquired who would provide the help so the person can take it from the thought to the page.

Commissioner Colon stated the Board does not have to create more bureaucracy and citizens will not have to jump through more hoops; it may be advantageous in some ways to the constituents being able to say everything in writing in regard to the issues on both sides; but she is not comfortable over the fact that maybe the Board sees vested rights cases three or five times a year and it would have to hire someone for the position of special magistrate costing more money and more bureaucracy. She stated if the Board is interested in making sure it is in writing, it could request that as part of what it wants submitted to it when the case comes before the Board.

Commissioner Scarborough advised there are advantages and disadvantages on both sides; Attorney Torpy had a lot of problems getting stuff from staff and how he was able to define what staff gave him; yet the Board historically looks to staff to structure things. He stated instead of sitting and making decisions between staff and somebody else, it would have an independent body structure the case; it would get a document from a person who knows about the case after hearing both sides; and the Board can agree or disagree with the factual determination based on additional facts whether the conclusion is correct or incorrect. He stated the Board had a lot of difficulty dealing with those cases; but if everybody does not like the idea, he has no problem sitting at a meeting and hearing all the presentations.

Chair Higgs stated the proposal may have some downsides to it, but the downsides of what the Board went through in the other cases were significant; the process did not work right; so she is willing to try something new. She inquired if the Board wants to decide whether to have the County Attorney work with Attorney Morales and bring it back.

Commissioner Scarborough inquired if a week is enough time; with Mr. Jenkins responding May 25, 2004 meeting is loading up; and suggested July. Commissioner Scarborough stated it is not open only for attorneys but anyone who wants to provide input; the Board wants a document that is workable, because when talking about rights, it is the procedure that is as important as the substantive rights; so it wants to make sure people’s rights are protected.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to continue the public hearing on an ordinance amending Section 62-507, vested rights, takings, claims, and Comprehensive Plan interpretation appeals, until July 20, 2004. Motion carried and ordered unanimously.

MODIFICATION TO APPROVED AND RECORDED SUBDIVISION, RE: CASABELLA
SUBDIVISION, PHASE 1

Rob Lee of Indialantic advised the project is Casabella Outparcel 1 on Wickham Road and Casabella Place; and they are proposing to incorporate portions of the existing Lots 27 through 30 and part of Tract C, which are currently zoned BU-1, into the Casabella Outparcel 1 project. He explained a drawing depicting the lots and amenity site as well as Tract C; and stated the project will consist of professional office and retail center in a private amenity area for Casabella residents. He stated they had two meetings with the residents with approximately 30 to 40 in attendance; and had two other meetings with an appointed committee of homeowners in dealing with the project and amenity design. He stated the current plan was developed based on resident input; and the amenity site represents a significant benefit for the residents.

Commissioner Carlson indicated the only objection she heard was using the entry road off Wickham Road, the current entry road to Casabella for entry into the commercial segment; but that was covered as part of a deed restriction or covenant for those who built in the Casabella area, which is where the amenities are. She stated she believes Dr. Levy was going to try and put residential units in there at one time, but it evolved into the current pattern of development. Mr. Lee identified areas on the drawing zoned BU-1 and RU-1-11 for the subdivision; stated at that time Dr. Levy wanted the flexibility to use those as residential lots or incorporate them as part of the commercial center; but at that time the ordinance about utilizing platted lots for other than what they were platted for was not in existence. Commissioner Carlson stated the amenities for the neighborhood are now defined; they have worked with the community to make sure there is a wall between the commercial segment and the amenities site to segregate the uses; and it is her understanding when they develop the project they would always have the commercial access on the main road that went into Casabella and a right in/right out turn on Wickham Road. Mr. Lee stated that is correct. Commissioner Carlson stated she does not have a problem with the development as it stands right now knowing the developer worked with the community to make sure the amenities were separate from the commercial area; and if the Board does not have a problem, she will move for approval.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve modification to Casabella Subdivision, Phase 1, to allow the developer to utilize Lots 27, 28, 29, and 30 of Block C, and Tract C as part of a commercial endeavor, and incorporate a portion of Lot 26, Block C into a future road right-of-way for a roadway connection to the property to the north in the future. Motion carried and ordered unanimously.

*Commissioner Colon’s absence was noted for the remainder of the meeting.

FINAL ENGINEERING APPROVAL, RE: MADISON AVENUE IMPROVEMENTS

Chair Higgs advised staff has proposed that the Board grant final engineering approval for the Madison Avenue improvements project and initiate discussions with Melbourne-Tillman Water Control District Board to get additional right-of-way. She stated the project is in West Melbourne or abutting West Melbourne on the other side, and only Madison Avenue is in the County; there were issues over the last several years regarding annexations by cities and non-annexation of roads; and the portion that abuts Palm Bay Road is in the County as is the portion above it. She stated one would anticipate that either Melbourne or West Melbourne would make some movement to annex the property; and her concern is the County being stuck with a road and the development is not in the County so there will be limited revenue coming in to maintain the road. She stated most of the property is in West Melbourne; she has concerns about Brevard County being the agent to get additional right-of-way on Madison Avenue to facilitate development of the project; she understands staff believes it is a better road network, and that may be true; but she does not think it is the role of the County to acquire right-of-way to facilitate a development nor is it the way to go with this project.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to deny final engineering approval for Madison Avenue improvements and the request to Melbourne-Tillman Water Control District for additional right-of-way for Madison Avenue. Motion carried and ordered unanimously; Commissioner Colon being absent from the room.

APPROVAL TO OBTAIN APPRAISALS AND CONTINUE DISCUSSIONS, RE:
ACQUISITION OF HISTORICAL PRITCHARD HOUSE

Commissioner Scarborough advised staff has an appraisal on the Pritchard House, but only for the land; the value is not in the land; the house is a historical house; and the County has an opportunity to acquire the house, using North Brevard Parks and Recreation money only so it will not impact other Districts. He stated there is tremendous interest in it; it sits right across from City Hall in downtown Titusville; several groups are interested in it; and he would like to move forward once they have the numbers. He stated he still has some issues with the purchase, but it is not impossible to structure something that would come back to the Board if they can agree on the price. He noted right now the price is just on the land and does not reflect the real value.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize Parks and Recreation to obtain two appraisals and continue discussions on the acquisition of the historical Pritchard House in Titusville. Motion carried and ordered unanimously.

APPROVAL, RE: MOSQUITO CONTROL DISTRICT TENTATIVE DETAILED WORK
PLAN BUDGET FOR FY 2004-05

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to recess the meeting of the Board of County Commissioners and convene as the Mosquito Control District Board. Motion carried and ordered unanimously.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Florida Department of Agriculture and Consumer Services, Brevard Mosquito Control District’s Tentative Detailed Work Plan Budget for FY 2004-05 at $5,388,669. Motion carried and ordered unanimously; Commissioner Colon being absent from the room. (See page
for Budget.)

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adjourn the meeting of the Mosquito Control District Board at 6:13 p.m. and convene as the Board of County Commissioners. Motion carried and ordered unanimously.

DIRECTION, RE: SEAWALLS AND MANMADE CANALS

Commissioner Carlson advised the request is to direct staff to proceed with evaluation of seawall designs appropriate for surface water protection along manmade canals only, which the Comprehensive Plan allows; and to meet with interest groups to develop draft amendments that the Board can actually talk about. She stated right now they do not have anything to talk about other than some ideas; and what Sherry Williams would like to comment on are some of those ideas, but at this point they need further evaluation of the potential of doing any seawall designs.

Chair Higgs inquired if Charles Rupp is in favor of moving forward on drafting amendments; with Mr. Rupp responding absolutely; and noted Option 2, take no further action, is not an option.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to direct staff to proceed with evaluation of seawall designs appropriate for surface water protection along manmade canals and meet with interest groups to develop draft amendments to Section 62-3666 of the Brevard County Code. Motion carried and ordered unanimously.

ACCEPTANCE OF GRANT AND AUTHORIZE EXECUTION OF DOCUMENTS AND BUDGET
CHANGES, RE: EDWARD C. BYRNE GRANT AWARD FOR FY 2004-2005

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to accept the annual Edward C. Byrne Grant Award for FY 2004-2005; authorize the Chair to execute the necessary documents; and authorize all budget changes associated with acceptance of the Grant. Motion carried and ordered unanimously.

AGREEMENT WITH CARTER GOBLE ASSOCIATES, INC., RE: CONSULTANT TO
PERFORM CRIMINAL JUSTICE SYSTEM REVIEW OF THE JAIL POPULATION

County Manager Tom Jenkins advised the Public Safety Coordinating Council endorsed the Agreement.

Chair Higgs advised the Public Safety Coordinating Council needs to work closely with the consultant.

Commissioner Pritchard advised the Council has determined that it will be meeting with the consultant at regular scheduled meetings, which occurs in the sixth week, tenth week, thirteenth week, and fifteenth week; so it will be addressing the consultant’s report; and once finalized, it will come to the Board of County Commissioners. Commissioner Carlson inquired if there is a time line on it; with Commissioner Pritchard responding four months.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Agreement with Carter Goble Associates, Inc. to perform Criminal Justice System Review relating to the jail population at a cost of $93,500. Motion carried and ordered unanimously. (See page for Agreement.)

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE ESTABLISHING
SURCHARGE ON TRAFFIC CITATIONS TO FUND COURT FACILITIES

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant permission to advertise a public hearing to consider an ordinance establishing a $15.00 surcharge on traffic citations to fund the State Court facilities as implemented by Senate Bill 2962 (Article V Glitch Bill). Motion carried and ordered unanimously.

CITIZEN REQUEST - MARTIN WINKEL, RE: USE OF COUNTY SEAL

Martin Winkel representing Space Coast Runners Club, requested authorization to use the Brevard County seal on an event applications, shirts, and awards. He stated the event is called “Beat the Leaders”; and the intent is for participants to beat the leaders in a 5K run or two-mile walk, with the proceeds going to Brevard County Boys and Girls Clubs.

Chair Higgs inquired why the Club wants to use the County seal since the County is not a sponsor; with Mr. Winkel responding he is inviting leaders from throughout Brevard County as noted on the sheet of paper he gave the Board; and would also like the Commissioners to accept it as an invitation. He stated hopefully the Commissioners and Legislators will participate; the logo will represent Brevard County; they have various aspects of Brevard County such as the Space Shuttle representing NASA and its contractors and a car representing Mike Erdman who agreed to participate.

County Attorney Scott Knox advised Florida Statutes require anyone who wants to use the County seal to obtain approval from the Board of County Commissioners. Commissioner Scarborough stated he is proud that they want to use the County seal.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the use of the Brevard County seal on event applications and t-shirts for the Inaugural Beat The Leaders Race/Walk on October 9, 2004, hosted by Space Coast Runners Club. Motion carried and ordered unanimously.

Commissioner Carlson stated she would be happy to participate, and they all could run or walk so the Club will have a few extra leaders on the list.

Chair Higgs stated it is not until October so there is time to get in shape and be ready to go. Mr. Winkel stated that is why he is starting early; his email address is on the letter; and they can contact him to let him know if they are interested in participating. He stated there is no firm commitment, and if something comes up, they can drop out.

CITIZEN REQUEST - GLENDA BUSICK, RE: PROPOSALS FOR NOVEMBER 2004
BALLOT ON CHARTER AMENDMENTS OR FOR ORDINANCES ON ENVIRONMENTAL
ISSUES

Glenda Busick stated Commissioner Colon is not here; with Chair Higgs responding Commissioner Colon had a speaking engagement and had to leave, but she hopes to be back. Ms. Busick inquired if she could wait.

Commissioner Carlson stated she has a 6:00 p.m. Canvassing Board meeting and does not know if it is still on, but needs to check on it if she can be excused.

Glenda Busick of Melbourne stated she has a power point item and is going to try and use it; she has a speech written and gave the Commissioners copies of the great front page story in Florida TODAY on “Brevard Growth. Too much, too fast” in Sunday’s paper; and the Board has a unique window of opportunity to listen to the people who are scared to death of the irresponsible growth, which is taking place in Brevard County. She stated she is here to ask each Commissioner to take a stand against the County’s irresponsible growth; she has listed five proposals that could provide solutions to some of the growth problems; and she needs to know today where each Commissioner stands on those items. She stated they need to ask themselves if they want to be the one Commissioner who stops a half a million people from voting on the fate of their County; she needs four votes to get each item on the ballot; and when the Board considers these items, it should remember it could be their one vote that could prevent a half a million people from determining the destiny and fate of their community. Ms. Busick stated she called the Elections Office; August 5, 2004 is the last day to put something on the ballot; Commissioner Colon, at the last meeting said she may be putting those items on the ballot next year; and she called Mr. Galey who said it would cost an extra $300,000 if they go on the ballot next year, so the time is perfect to do it now. She stated the public should know there are three ways to get something on the ballot--the County Commission, the Charter Review Commission (CRC), and the ballot petition; the Charter Commission discussed the items but could not come to an agreement; and on May 7, she asked the Charter Commission of 14 or 15 people if they minded if she came to the Board of County Commissioners, and not one person opposed it. She noted the dominant feeling was they do not tell the County Commission what to do and the County Commission does not tell them what to do. She stated the Board can take over where the Charter Commission left off; four of the items went to styling and drafting and had the preliminary wording written; the other item on density was thoroughly discussed but did not go to styling and drafting; the CRC had the expertise of three attorneys reviewing the proposals for constitutionality; and requested the Board consider using those same three attorneys to help it on the proposals. Ms. Busick stated the first one is setting up preservation districts; Orange County’s Charter contains a method to set up preservation districts; it is a way to keep portions of Brevard County rural; and the next proposal is restriction of landfilling within rivers and lagoons, which was #10 or 10A. She noted they used both those numbers and she could not figure out which was the right number, but it prohibits placing fill waterward of the mean high water line in any river or lagoon if the fill creates any new upland area greater than a quarter of an acre, but the Board can change it and figure out what acreage it wants. She stated the rivers are vital to recreation and fishing businesses; and the Indian River Lagoon is home to more species than any other estuary in North America. She stated the third proposal is restriction of filling wetlands to that same deal of a quarter acre; when wetlands are filled, the water stops supplying the aquifer and instead floods surrounding properties; and wetlands also filter pollution and recharge the aquifer. She stated the fourth proposal is to limit density increase in Brevard County; and to increase density development, the Board or any city council would need a four-to-one vote, because allowing high-density development to spread into low-density areas means more traffic, crowded schools, stress on sewage treatment systems, higher taxes, and less green space. She stated the last proposal is creation of a Brevard Growth Management Commission; it is modeled after the Volusia County Growth Management Commission, but they have to have ten votes to get something on the ballot; so she does not know if it is going to fly or not and that is why she presented it to the Board. She stated it is a way to eliminate or mitigate impacts of incompatible adjacent uses between cities and the County; it promotes coordination of infrastructure costs between cities and the County; and it deals with cities and the County’s Comprehensive Plan amendments. She stated she hopes to hear any objections the Board may have so she can figure out how to deal with those and come back and ask for a four-to-one vote on some of the things she requested.

Bobbie Bockman of Melbourne stated she is surprised to see this item on the Agenda; the Charter Review Commission (CRC) has not even wrapped up its process; it has been meeting for a year now, and looking at amendment proposals, hashing and rehashing them, dissecting them, and discussing them; and it has not made its final decision or final presentation to the Board. She stated the CRC members were appointed by the Board; she is surprised that this is even being considered right now; she feels that the CRC needs to be left alone to let the process work; and this is jumping the gun and is out of order because one of the proposed amendments has not even been finalized. She urged the Board to back off; stated it appointed the members to the CRC and had trust and faith in their judgmental decisions; and she hopes it would leave it up to the CRC.

Tiffany Johnson of Titusville stated she cannot believe the proposals are coming in front of the Board; they thought it was all taken care of and they were all turned down at one point; and they were all relieved. She stated the preservation districts was presented to the CRC on March 5, 2004; on March 22 it was tabled because of legalities; on April 23 it was brought back up and failed; on April 26 it failed again; so it failed twice and was tabled once. She stated the limited density increase proposal was brought up on March 22 and withdrawn; it was brought back on April 16 and failed; and it was reconsidered on April 23 and failed again. Ms. Johnson stated #10 was brought up on March 22 and on April 16 and failed; on April 23 it failed again; and it was reconsidered on May 7 and failed. She noted #10A was never presented; 10 and 10A were presented as separate parcels; and the CRC would not consider them separately and voted on them as one because the petitioner asked they stay as one. She stated Proposal #11 is still with the CRC because it was brought back and is still under consideration; and requested the Board not consider that proposal. She stated Items 9 and 10 were both brought to the Supervisor of Elections as petitions from Save Brevard; they were given six months or nine months; and both proposals did not check out for signatures and neither received the 1% required to be put on the ballot. She noted in reality they were turned down by the citizens of the County. Ms. Johnson stated she has a lot of friends who came to her because they know she goes to some of the meetings; she has not been to the Board meetings for years, but has been involved with the city recently; and they were concerned about Proposal #8 being brought to the Board and the Board not hearing the history of the proposals and why they were brought up and under what circumstances. She stated the people in Scottsmoor are concerned about the legality; it starts out saying the historical preservation identity and talks about the preservation districts; and they are confused and do not want this proposal at all and were thankful it was turned down by the CRC. She requested the Board not consider the proposals presented.

Chair Higgs advised Ed and Marie Slaney signed speaker cards but could not stay; but they are in support of the amendments being placed on the ballot. She stated John and Beverly Piazza and Bill and Elaine Myers are not speaking but are in support of the proposals; and Carol Hamilton indicated support to put them on the ballot. She advised Suzanne Valencia of West Melbourne, representing the Sierra Club is not speaking but is in support of the amendments.

Pat Davis advised she is a City Commissioner of Cocoa Beach but does not represent the Commission; however, she represents thousands of her constituents who elected her because of her strong stand on saving the environment and green space and concerns about unbridled and uncontrolled growth and its increasing impact on infrastructure. She stated they fully support the proposals; and requested the Board allow the people in November to vote on the amendments.

Lisette Kolar of Grant stated the CRC voted down the majority of the amendments; there is only one it has not completely made a decision on; the other four it has; and that is why they are coming to the Board because their only recourse now is to ask the Board to put it on the ballot. She stated her main concern is the preservation districts; she talked to Commissioner Higgs about it; communities like Scottsmoor, Mims, Grant, Valkaria, and Micco want to preserve their lifestyle; and this is a way to do that. She stated people have great ideas; most of the ideas are protecting a way of life, density increases, and natural resources; the citizens want to protect Brevard County; and they know the situation and is telling the Board to put them on the ballot and let people evaluate the proposals themselves and tell the Board what they want.

Michael Myjak of Titusville, representing the Coalition of North Brevard Homeowners, advised he had the honor of being asked by Save Brevard to make a petition for restricting filling of wetlands and waterways to the CRC; and one thing he learned while studying the issue is how rampant the filling of the wetlands are. He stated most people do not realize when mitigation for filling wetlands takes place, the St. Johns River Water Management District does not necessarily mitigate those in Brevard County, so the groundwater recharge is essentially being lost; he thought there was a requirement of no net loss of wetlands; but that happens not to be the case. He stated as development has progressed in Brevard County, because of laws and changes in laws with regard to prohibiting the filling of wetlands, the dry upland areas tend to be developed first; developers are now seeking to build on marginal property by filling wetlands and even streams and rivers; such is the case with the Hospital in the Indian River; and the proposed initiative restricts the large-scale filling of the rivers and wetlands, which are vital to recreation and fishing businesses and home to over 4,000 species, and makes the estuaries some of the most coveted in North America. He stated fishing in Florida is one of the best in the States; the wetlands also provide critical flood protection; they are habitats for birds and animals; they filter pollution and recharge the aquifer; and when wetlands are filled, the water they once held stops supplying the aquifer and instead floods surrounding properties. Mr. Myjak stated Commissioner Pritchard talked about property rights; he believes in property rights also; he believes there needs to be a balance and that balance needs to be adjudicated by government; and when one person fills wetlands and floods someone else’s property, that is a problem. He stated the initiative originally petitioned for one-eighth of an acre; Ms. Busacca is asking for one-quarter of an acre; an eighth of an acre is 5,820 square feet; and that is a substantial amount of land to fill and build a house and driveway on. He stated the initiative will stop excessive filling for large developments; some property rights advocates might argue that prohibiting a property owner’s right to fill every acre of his or her wetlands, streams, and rivers is compromising property rights; however, the Constitution never guaranteed anyone the right to fill their property. He stated for over hundreds of years it has been recognized that allowing one property owner to fill a river, stream, or wetland causes a direct impact to neighboring property owners and seriously compromises their property rights. He stated as long as rain falls, it is going to collect somewhere; and when existing wetlands are filled, the water has no where else to go but onto neighboring dry property; and for that reason permits from the Army Corps of Engineers have been required for decades, but unfortunately the Corps has been easing up and in some cases eliminating its protection of wetlands and water bodies and almost never deny permits now regardless of the impacts to surrounding properties. Mr. Myjak stated when federal protections decrease, it is not unusual for local governments to protect the same resources; the water supply is already short; they know they have critical water issues in many of the cities; the groundwater is where it comes from; and the more they fill, the less water they are going to have. He stated unfortunately the efforts of hundreds of unpaid volunteers have been insufficient to collect enough petitions throughout the County to put the amendment on the ballot; they had over 4,000 petitions registered that had been credited to their cause; the CRC did become bogged down with some of the wording and what restrictive adjective was adequate to describe the proposal; and the CRC attorney chose the words “restrict filling” as opposed to others, but it was insufficient to receive two-thirds of the vote. He requested the Board allow the voters to decide for their own health and water safety what should be done throughout the County.

Amy Tidd of Rockledge requested the Board let the voters decide.

Dolores Kane of Merritt Island stated Bobbie Bockman and Tiffany Johnson said it well; all the pros and cons were hashed out by the CRC; and the Board should let the CRC do its thing. She noted she does not know the use of having the CRC if the Board is going to ignore its decisions; and a lot of time and thought went into those reviews. She stated there are wetlands that are healthy and some are not; and some can be high and have a hardpan under them, which keeps the water there to breed mosquitoes and is of no use. She advised the Crisafullis had to punch holes through the hardpan so trees could go through and get the water in their groves; and the water did not get to the aquifer. She noted a development experienced a similar hardpan problem. She requested the Board let the CRC do its job as its hearings are not done yet.

Chair Higgs advised Travis MacClendon, representing the Native Plant Society, filled out a card but is not present.

William Ferrell of Indian Harbour Beach, representing Ferrell Ranches, advised it was a surprise to him to see this item on the Agenda; not many people knew it was coming up; and requested the Board let the CRC do its job and move ahead with its recommendations. He stated this is the 11th hour to try and snatch something away; the CRC thought out some of the amendments and some of them did not work; and it is unfortunate to have the amendments coming to the Board to adopt this way and put a new layer of government that impacts their lives with rules and regulations. He stated a lot of those regulations are in place; the Board would have to see all the proposals, which puts it in a tough position at the 11th hour to approve them and put them on the ballot because not all of them are good. Mr. Ferrell stated he does not agree with the eighth of an acre; it will not work on some properties; he feels the farmers and people who have larger lots are not being treated fairly; and if a person had an eighth of an acre taken from his property and a 250-foot driveway, he could barely fit a house on the property. He stated some of the stuff will not work; the County would not be able to build roads if it has this requirement of not being able to touch an eighth of an acre of wetlands; and the private property owner would not be able to build a road. He stated there are a lot of questions on the amendments; and it is not prudent to approve them at this point; the CRC scrutinized them in detail; the members were appointed by the Board; and it should be allowed to finish its job. He noted it is not a good idea to undo all that; the CRC spent a lot of time wading through those amendments; it is unfortunate to try and undo all that at this 11th hour; and there is no point to having a CRC if the Board is not going to listen to it and abide by its recommendations. He noted maybe their work did not please some people, but the Board should listen to the CRC.

Chair Higgs advised the Board has to abide by all the recommendations the CRC sends it to put on the ballot; and she does not want any misunderstanding of those that are sent and recommended by the CRC as they will go forward to the ballot without question.

Chair Higgs called for Dale Young and Karen Cogan, but no response was heard.

Robert Lee of Indialantic advised he voted for his elected officials to make the tough decisions; that is why the Commissioners are there; and to circumvent the existing land development regulations, Comprehensive Plan, Zoning Code, etc. by trying to throw things on the ballot is extreme. He stated he spent hundreds of hours reviewing County Ordinances; many times staff asked for his help and to give them his engineering input; he knows it has taken six months to a year to approve some ordinances; and to take something and stick it in the Charter at the last minute or on the ballot without scientific and professional communities’ input is not a good decision. He stated they made it sound like the CRC could not get its act together on a few items and that is why they are here; a lot of those items were soundly denied by the CRC because they were out in left field; and the one acre impact to wetlands not being allowed would not allow the County to build road projects, schools, or anything. Mr. Lee stated statements that all wetlands have to do with groundwater recharge is not true; and actually very few wetlands have anything to do with groundwater recharge. He stated there was a statement that the Corps of Engineers is decreasing regulation; he can say for a fact from working with the Corps all the time that it is increasing regulations; and right now it is almost impossible to get an individual permit. He stated many times the Board did not approve what he had, and at times it did; that is the way it goes; a lot of those amendments were defeated by the CRC; and trying to bring them back up and indicating if the Board does not vote for them it is going to have repercussions is a tactic he disagrees with completely. He stated he spent many hours on Charter review issues; he had a couple of proposals that were defeated; he did not bring them up fifty times; and the CRC did not go for them, so he has to live with that.

George Theriault of Micco stated the voters of Brevard County are smart enough to know if an amendment is good or not, so the Board should put them on the ballot and let the people decide.

Commissioner Pritchard stated the reason he put people on the CRC was to make evaluations and decisions based on input; he selected people who he thought were competent and could handle the requests and pass on them; the process requires a majority vote to take to style and drafting; and then it needs a vote of 10 to take it from style and drafting as a proposal for the ballot. He stated the amendments proposed have gone to the CRC and did not pass; it is premature for the Board to take them while the CRC is still meeting; and he would not be in favor of doing anything other than listening to what the CRC has to say when it comes and makes it presentation to the Board.

Commissioner Carlson stated the Board discussed these amendments at the last Board meeting when Commissioner Colon commented that she would never consider anything that did not go through the CRC; and the whole reason for having a Charter is that the Board, as a body, can bring things back if it thinks they are good ideas and can put them on the ballot. She stated amendments can also come via petitions or through the CRC; and what is interesting about the proposals that were brought to the Board by Ms. Busick is that so much of the work has already been done. She stated those ideas may never have come to the Board if it had not been for individuals in the community bringing them in front of the CRC; she does not know if it is circumventing the CRC; it is a body selected by the Board; the Board has no charge as far as what it brings to it and has to pass them on to the ballot; and that is the review process that happens periodically, but there is nothing that stops the Board a year from now of taking the ideas that were presented to the CRC and bringing them back for discussion and putting them in next year’s budget. She stated there is no difference between what is happening now and what could happen a year or two years from now; and the only thing she does not agree with in the proposals and would be willing to look at any of them at any future date, is the one that is currently under the CRC’s consideration and has not come out of the CRC; and that is the growth management committee. She stated the Board should not take a position on that; but from her perspective, it seems that it can consider just about anything and it has the right to do that as a Charter County.

Commissioner Scarborough stated someone puts in a card and the Board hears the person; it has the right and since it has the right to some extent, it has the responsibility to look at those and consider them; but to take them up at the end of a long meeting and one Commissioner gone is very inappropriate. He stated if any of the amendments has three Commissioners’ support for additional study, the Board could ask staff for a report on the pros and cons and information that has been gathered if it has already been discussed by the CRC, so it has that information and then schedule them for discussion like it would anything else. He stated failing to do that, the Board would basically be saying people can come and comment, but the Board is not really listening to them; and he does not think that is the policy of the Board. Commissioner Scarborough stated he does not want to say to the CRC, now that it has spent all that time, that the Board does not care what it is doing; that is wrong; the CRC put some awfully long hours in its reviews; but by the same token, the Board has to listen to people; and if it listens honestly and three Commissioners want additional information, it should get additional information and then have a full discussion on them. He noted that would be his suggestion; but it does not have to be done this evening since Commissioner Colon has already left and the hour is late.

Chair Higgs stated she agrees the Board should move forward and look at additional information on the proposals and bring it back for a thorough discussion. Commissioner Scarborough stated it should be noticed so everybody can come and discuss it fully; he does not want to put anything on the ballot that is ill-founded and would be a disservice to the people; however, to have full information and public input is the Board’s responsibility. Chair Higgs stated she would support a motion to look at the four and see what happens with the growth management commission and asking staff to bring further information on the four proposals to the Board so it could have a more thorough discussion.

Commissioner Pritchard inquired about a report from the CRC explaining why it chose not to accept the proposals; with Chair Higgs responding she assumes what the Board is going to get from staff is not only what the CRC reviewed but also the minutes of those meetings. Commissioner Scarborough stated he would like to have a fully-dissected report on the pros and cons. Commissioner Pritchard stated one speaker had a time line where some of the proposals were presented and denied several times. Commissioner Carlson stated staff can provide the Board with that information and the pros and cons of each proposal; and perhaps that would show why they voted it down or it did not get to style and drafting or where it stopped in the process. She stated if there were people for it and people against it, and the CRC could not come to consensus, then maybe that requires further discussion. Commissioner Pritchard stated one concern he has is using the Charter like the State Constitution; and by gathering signatures it may have pigs with rights included in the Charter. Commissioner Carlson stated the Board had that problem before; and they were put on the ballot and were voted down because the people chose to vote them down.

Commissioner Pritchard stated there were other items that came in a circumvented way; some were voted for; and then there was a question about the constitutionality of those, which was an after-the-fact issue; but at least this time the Board has the review process. He stated the thing that concerns him is not creating a second or third method to keep presenting the same things; it is not his job to let Ms. Busick come in through what he considers the backdoor approach; she went to the CRC and because she did not get it there, now she has come to the Board; and if this does not work, she will go another way; and the emotional appeal of let the voters decide is not proper because what she has presented is not proper. He stated the CRC denied it; Ms. Busick is looking for another avenue to bring her agenda forward; and he does not agree with that. He stated he wants to wait until the CRC has completed its work so the Board can have a representative here who can explain fully why it denied the amendments on three occasions.

Chair Higgs passed the gavel to Vice Chair Pritchard.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to present a report outlining what the Charter Review Commission did on proposals concerning preservation districts, restriction of land filling within rivers and lagoons, limiting density increases, restriction of land filling within wetlands, and creation of a Brevard growth management commission if the CRC is finished with the proposal; and include the CRC’s minutes in the report.

Vice Chair Pritchard inquired if there will also be opportunity for oral presentations; with Commissioner Higgs responding absolutely.

Commissioner Scarborough stated he understands it will take four Commissioners to put the proposals on the ballot, but three Commissioners should be able to get a report; if after they get the report, and Commissioners say the eighth of an acre does not make sense, then it can proceed to bring the public in; but if it is going to think it may have something to agenda for Commissioners’ positive response, then it can ask the community to come in and discuss it. He stated before the Board excites the whole community, it should walk through it and if the report comes in and they have three votes to move it to full discussion, it could do that because it does not need to have repeats. He stated the CRC had meetings from 1:00 p.m. to midnight; the Board does not need to go back there unless it is clearly indicated it is something it needs to go to; so he supports the motion, otherwise it will have to wait until the whole thing is in and will have everybody rushing to the Board and have it at the end of the agenda with ten or twelve speakers wanting different things; and it will not have the time to do it in a systematic way that helps the Board and helps the community.

Commissioner Pritchard stated Commissioner Scarborough talked about a systematic way; the system is still going on; and the problem he has is looking for ways to create a parallel system because it did not work there so they want to see if it will work this way.

Vice Chair Pritchard called for a vote on the motion. Motion carried and ordered; Commissioner Pritchard voted nay.

Vice Chair Pritchard returned the gavel to Chair Higgs.

Commissioner Pritchard stated he is opposed to the motion because he thinks the Board is creating a secondary track and the CRC is still meeting; the process is still ongoing; and the Board should give the CRC the opportunity to do its job. Commissioner Scarborough stated his problem is if the Board waits too long, it will get impossible for people to come in and know what they are supposed to be addressing before the Board; and while it is running parallel to the CRC, those amendments are not up there any more, except for one. Commissioner Pritchard stated what he is getting at is that the ones that are not there are not there for a reason; now it is creating another venue to hear the same arguments that the CRC it empowered to review those have already heard and said no; so now there is another way to present the information.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
OCCUPATIONAL LICENSE FEE

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant permission to advertise a public hearing to consider an ordinance amending Section 102-66(b) of the Brevard County Code to increase occupational license fee from $35.25 to $37.00. Motion carried and ordered unanimously.

PUBLIC COMMENTS

Chair Higgs advised she has cards from Walter pine for public comment, but he is not present.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 7:02 p.m.

ATTEST: __________________________________
NANCY HIGGS, CHAIR
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

___________________
SCOTT ELLIS, CLERK

(S E A L)