November 1, 2005

The Board of County Commissioners of Brevard County, Florida, met in regular session on November 1, 2005, at 9:04 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Ron Pritchard, D.P.A., Commissioners Truman Scarborough, Helen Voltz, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

The Invocation was given by Chaplain Russ Williams of Good News Jail and Prison Ministry.

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

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the Minutes of April 12, 2005 Regular Meeting and April 28, 2005 Special Meeting. Motion carried and ordered unanimously.

REPORT, RE: AGENDA ITEMS

County Manager Peggy Busacca requested removal of Item IV.A.10., Easement Waiver for Regina Schwantz, for additional information.

REPORT, RE: CONSERVATION LANDS

County Manager Peggy Busacca advised there are maps from various sources for conservation lands, i.e. East Central Florida Regional Planning Council, County-managed lands, government- management lands, etc.; and requested the Board look at the information to determine whether or not it meets its needs as staff works through the Future Land Use Map.

REPORT, RE: SPECIAL GUESTS

Commissioner Scarborough advised there are special guests present today, a Florida panther, bald eagle, barn owl, alligator, and king snake.

Chairman Pritchard stated the Titusville Chapter of Brevard Nature Alliance promotes awareness of the environment and strives to encourage the community to preserve the natural resources.

Anita Harris advised of the Birdwatching Festival, the educational and economic impact on the community, and all the activities and cultural events.

Commissioner Scarborough advised the Birdwatching Festival will be from November 16 to 20, 2005 starting at Brevard Community College North Campus.

RESOLUTION, RE: RECOGNIZING THE 9TH ANNUAL SPACECOAST BIRDING
AND WILDLIFE FESTIVAL

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution congratulating the Brevard Nature Alliance and the 9th Annual Spacecoast Birding and Wildlife Festival as they celebrate this year’s festival. Motion carried and ordered unanimously. (See page for Resolution No. 05-274.)

PRESENTATION, RE: VIDEO ON CHILD ABUSE

Commissioner Voltz advised she has a ten-minute video on child abuse; and requested waiver of the time limit.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive the rule on the five-minute video presentation at Board meetings. Motion carried and ordered unanimously.

Commissioner Voltz stated the video is about a young man who has been through the Department of Children and Families’ system and is called “Got Love.” Commissioner Carlson stated it is a powerful message and shows that on an ongoing basis there is still a lot of child abuse.

The Board discussed foster parents, perpetrators, Nancy Higgs being in the forefront to have Brevard County take over services, and 211 help line.

REPORT, RE: AGENDA ITEM

Commissioner Voltz requested Item VI.H., Discussion, Re: EEL Acquisition with Town of Malabar, be withdrawn from the Agenda so she can meet with the Town officials.

Commissioner Colon stated it is helpful to meet with elected officials to avoid discrepancies.

Chairman Pritchard stated the elected officials were at the meeting and said do not do it; and people in the community wanted to do it, not realizing elected officials represent the entire community.

REPORT, RE: ST. JOHNS RIVER ALLIANCE

Commissioner Carlson advised of the St. Johns River Alliance fundraiser at the Brevard County Zoo on December 3, 2005 from 4:00 p.m. until 7:00 p.m., and its plans to have fundraisers at three different zoos.

REPORT, RE: MYREGION.ORG

Commissioner Carlson advised MyRegion.org has produced studies and CD’s with all their studies; and anyone interested can contact her office for a CD.

REPORT, RE: HYDRO-ENERGY

Commissioner Carlson advised of a home in Suntree that uses hydro-fuel, saving a billion gallons of gas annually.

REPORT, RE: COASTAL HIGH HAZARD STUDY COMMITTEE

Commissioner Carlson advised Governor Bush, by Executive Order, expanded the Coastal High Hazard Study Committee; and suggested nominating Virginia Barker or Mike McGarry to serve on the Committee.

The Board requested the County Manager investigate the possibility of nominating Virginia Barker or Mike McGarry to serve on the Governor’s Coastal High Hazard Study Committee.

REPORT, RE: PATSY KURTH

Commissioner Colon expressed sympathy to the family of Patsy Kurth.

REPORT, RE: GUEST SPEAKERS AT DRUG FORUM

Commissioner Colon advised of guest speakers at the Drug and Alcohol Consumption Forum at Calvary Church in West Melbourne on Monday, who addressed building self-esteem.

REPORT, RE: FLOODING IN COCOA

Chairman Pritchard advised of flooding in Cocoa and not being able to pump water into a lake; and suggested people call their insurance companies or FEMA if they suffered damage. He advised of public assistance, individual assistance, FEMA formula, and floatable transport to get people in and out.

REPORT, RE: LETTER OF SUPPORT FOR SENATE BILL 20

Chairman Pritchard requested a letter to Senator Jones and the Brevard Legislative Delegation supporting Senate Bill 20 providing that private economic development shall not be deemed a public purpose for which private property may be taken by eminent domain.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to direct the County Attorney to draft a letter supporting Senate Bill 20. Motion carried and ordered unanimously.

REPORT, RE: MEDICAID AWARD

Chairman Pritchard advised of a Medicaid settlement of $54.1 million; and stated he wants to make sure Brevard County gets its fair share. Assistant County Manager Don Lusk advised staff will research it and get back to the Board.

REPORT, RE: AERIAL SURVEY OF INDIAN RIVER LAGOON

Chairman Pritchard requested an aerial survey of the Indian River Lagoon for boats torn loose by Hurricane Wilma; and inquired if the Sheriff’s helicopter crew could assist in the survey.

Sheriff Jack Parker advised his helicopter crew will assist in the aerial survey of the Indian River Lagoon.

REPORT, RE: COMMENTS FROM JACK CALLINAN ON CBRC

Chairman Pritchard advised Jack Callinan wants to speak about the Citizen Budget Review Committee (CBRC).

Jack Callinan advised he left the CBRC because it makes recommendations that are not acted on; they had to learn how to work with the Board on agenda items; the amount of time taken to get them was ridiculous; they put in three items six months ago and two were not heard; and when they had problems last year, they lost members. He made comments about Kim Zarillo and Amy Tidd.

Commissioner Carlson and Mr. Callinan exchanged comments regarding other committee members.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to terminate comments from Jack Callinan concerning other appointees to the CBRC and Commissioners, and request Mr. Callinan present his objections in writing.

Chairman Pritchard requested Mr. Callinan provide a letter on the effectiveness and ineffectiveness of the committee.

Motion by Commissioner Carlson, to abolish the Citizen Budget Review Committee. Motion died for lack of a second.

Chairman Pritchard requested a full report on the Committee.

RESOLUTION, RE: RECOGNIZING MERRITT ISLAND: WHERE DREAMS ARE
LAUNCHED

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution recognizing Merritt Island: Where Dreams are Launched, and congratulating Barbara Bradley-Benn and Merritt Island Executive Council for their initiative and dedication to the residents and businesses of Merritt Island in assuring that the community is identified as a unique area unsurpassed in Brevard County. Motion carried and ordered unanimously. (See page
for Resolution No. 05-275.)

Chairman Pritchard presented the Resolution to Ms. Barbara Bradley-Benn, who thanked the Board and Chairman Pritchard, presented pens to the Board, and advised of the merchandise they created.

REPORT, RE: COMMENTS OF AMY TIDD

Amy Tidd stated she was appointed to the Citizen Budget Review Committee by Commissioner Carlson last year, has a background in financial budgets, taught at Brevard Community College, and wanted to be on the CBRC because she heard of violations of the Sunshine law and because she is interested in financial matters. She stated they cannot deal with the budget if the Chair allows someone to come up and attack citizens.

RESOLUTION, RE: PROCLAIMING FAMILY MONTH

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution proclaiming November 2005 as Family Month and encouraging all residents to spend quality time with family members to strengthen relationships between parents and children. Motion carried and ordered unanimously. (See page for Resolution No. 05-276.)

Chairman Pritchard presented the Resolution to Jaime Humphreys, President of Cocoa Stake, Church of Jesus Christ of Latter-Day Saints who thanked the Board for the Resolution and advised of their mission and the work they do.

RESOLUTION, RE: PROCLAIMING AMERICA RECYCLES DAY

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution proclaiming November 15, 2005, as America Recycles Day, and urging all citizens to pledge to buy recycled-content products and recycle more items. Motion carried and ordered unanimously. (See page for Resolution No. 05-277.)

Commissioner Carlson presented the Resolution to Pam Shoemaker, who expressed appreciation for the Board’s support of the recycling program.

RECOGNITION, RE: EMPLOYEE LONGEVITY

The Board recognized Jack Masson for 35 years of service; Virginia Yuhr and Marsha Cantrell for 30 years of service; and Kay Perkowski, Shelley Hardy, William Bain, and Daniel Daniel for 25 years of service with Brevard County.

RESOLUTION, RE: COMMENDING MILITARY VETERAN EMPLOYEES

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution commending Brevard County employees, who are military veterans, for their outstanding support, dedication, and service to America and Brevard County. Motion carried and ordered unanimously. (See page for Resolution No. 05-278.)

County Manager Peggy Busacca advised the County has 409 veteran employees.

RESOLUTION, RE: NAMING JAKE’S LAKE

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt a Resolution naming the lake at Long Bluff Park used as Camp Chance, as Jake’s Lake in honor of former Sheriff C. W. “Jake” Miller, who founded the Sheriff’s Youth Programs. Motion carried and ordered unanimously. (See page for Resolution No. 05-279.)

Commissioner Colon presented the Resolution to Mr. Miller who expressed appreciation and stated a lot of people worked hard to make it possible and he is delighted to be identified with it.

RESOLUTION, RE: COMMENDING MELBOURNE MUNICIPAL BAND

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution commending the Melbourne Municipal Band on its 40th Anniversary. Motion carried and ordered unanimously. (See page for Resolution No. 05-280.)

RESOLUTION, RE: PROCLAIMING HOSPICE MONTH

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution proclaiming November 2005 as Hospice Month. Motion carried and ordered unanimously. (See page for Resolution No. 05-281.)

Commissioner Voltz presented the Resolution to Lisa Collin.

PRESENTATION, RE: CITIZENS ACADEMY GRADUATION

Frank Abaleo with the Human Resources Office, advised of the Citizens Academy program, and recognized the graduates of the Academy, Bonnie Armstrong, Jerry Bennett, Sandra Bennett, Mark Bloodgood, Barbara Brotherton, Tondaleya Butler, Robin Carmichael, Dean Childs, Serena Coleman, Charlie Daniels, Diane Gray, Mary Heindl, Elizabeth McDuffee, Patricia Marn, JoAnne Masuret, Finnbarr Murphy, Harold Newsome, Eugene Rua, Darlene Salzman, Earthy Spaulding, Judith Stassus, Richard Stassus, and Monica Teran. Each graduate was presented with a certificate.

The meeting recessed at 11:09 a.m., and reconvened at 11:27 a.m.

PUBLIC COMMENTS

The Board acknowledge public comments from Dane Pollei of Brevard Museum of Art and Science, Fran Delisle of Brevard Symphony Orchestra, Marilyn Rigerman of Surfside Players, Inc., and Jerry Brees of Henegar Center advising their organizations were cut from the cultural grants.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to return the Brevard Museum of Art and Science, Brevard Symphony Orchestra, Surfside Players, Inc., and Henegar Center’s applications for cultural grants back to the Grants Panel for reconsideration. Motion carried and ordered unanimously.

The Board acknowledged public comments from Palm Bay City Manager Lee Feldman advising he is present to answer questions.

Motion by Commissioner Colon, seconded by Commissioner Voltz, to accept the Joint Planning Agreement with the City of Palm Bay and return if there are issues to work on at a future date. Motion carried and ordered unanimously.

The Board acknowledged public comments from Bette Danse on use of County website and Commissioner Carlson’s comment that her staff is going to prepare a policy for the Board to deal with how it gets information at the dais; Walter Pine on First Amendment rights and objecting to presentations by certain groups; Thelma Roper on County policies and appointments to advisory boards; Gloria Babcock on flooding and drainage problems, and Commissioner Scarborough’s comments on a plan to buy more equipment to deal with roads and ditches in District 1; and Bea Polk on freedom of speech, appointments, and informing the public of upcoming laws.

APOLOGY

Commissioner Scarborough apologized to Jack Callinan for making a motion to terminate his comments; stated it was inappropriate, but the Board has a right to maintain decorum; however, rather than terminating his comments, he should have couched the motion to the comments rather than the speaker. County Attorney Scott Knox stated personal attacks are not allowed at public meetings.

COMMUNICATIONS SITE LEASE AGREEMENT WITH CUMULUS BROADCASTING, LLC,
RE: GROUND SPACE LEASE AND CONSTRUCTION OF TELECOMMUNICATIONS
TOWER

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to recess as the Board of County Commissioners and convene as the Governing Board of the Barefoot Bay Water and Sewer District Board. Motion carried and ordered unanimously.

John Herin, representing Cumulus Media, requested approval of a tower lease for his client.

The Board and staff discussed benefits accruing to the District, options to put equipment on the new tower to accommodate future transmission needs, expansion of the program, and payment to the District for the lease.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize the Chairman to execute Agreement with Cumulus Broadcast to lease ground space from Barefoot Bay Water and Sewer District for construction of a communication tower on the space for use by both County government and Cumulus Broadcast, and approve reduced rent from Cumulus Broadcast in consideration of capital investment for construction of the tower facility; and authorize the Utility Services Director to execute joint application as necessary to apply for a tower permit, with the County refunding the District for benefits that may be derived from the lease. Motion carried and ordered unanimously. (See page for Lease Agreement.)

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adjourn as the Governing Board of the Barefoot Bay Water and Sewer District, and reconvene as the Board of County Commissioners. Motion carried and ordered unanimously.

MEMORANDUM OF AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION AND APPROVAL OF BUDGET CHANGE REQUEST, RE: USE OF
ENVIRONMENTAL FIELD STATION IN COCOA

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Memorandum of Agreement with Florida Department of Environmental Protection for use of the Environmental Field Station at 3783 N. Indian River Drive in Cocoa; and approve a Budget Change Request to reflect the revenue. Motion carried and ordered unanimously. (See pages
for Agreement and Budget Change Request.)

AMENDMENT NO. 2 TO AGREEMENT WITH FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, RE: MID REACH GENERAL REEVALUATION
REPORT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Amendment No. 2 to Agreement with Florida Department of Environmental Protection to allow the State to advance its matching funds for the Mid Reach General Reevaluation Report. Motion carried and ordered unanimously. (See page for Amendment No. 2.)

FINAL PLAT APPROVAL, RE: FALCON RIDGE SUBDIVISION

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

RESOLUTION, RE: RELEASING CONTRACT FOR IMPROVEMENTS TO SUMMER
LAKES SUBDIVISION, PHASE 3

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution releasing Contract with The Viera Company dated January 25, 2005, for Summer Lakes Subdivision, Phase 3, as improvements have been completed. Motion carried and ordered unanimously. (See page for Resolution No. 05-282.)

RESOLUTION, RE: RELEASING CONTRACT FOR IMPROVEMENTS TO INDIGO
CROSSING SUBDIVISION, PHASE 3

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution releasing Contract with The Viera Company dated August 23, 2005 for Indigo Crossing Subdivision, Phase 3, as improvements have been completed. Motion carried and ordered unanimously. (See page for Resolution No. 05-283.)

UNPAVED ROAD AGREEMENT WITH STEPHEN GAGNON, RE: PINESAP AVENUE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Stephen Gagnon for construction of a road in the existing County right-of-way known as Pinesap Avenue under the Unpaved Road Code of Ordinances, Section 62-102. Motion carried and ordered unanimously. (See page for Agreement.)

AGREEMENT WITH JOAN BICKERSTAFF, RE: LEGAL REPRESENTATION OF
CONTRACTORS LICENSING BOARD

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement with Joan Bickerstaff to provide legal representation of the Contractors Licensing Board. Motion carried and ordered unanimously. (See page for Agreement.)

REQUEST FOR WAIVER TO SECTION 62-102, RE: OAKENSHAW ROAD

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant a waiver of Section 62-102, which limits the construction of an unpaved road to 1,584 feet, and allow the road to be constructed a distance of 730 feet beyond the maximum distance. Motion carried and ordered unanimously.

REQUEST FOR WAIVER OF SECTION 62-102, RE: ANTHONY RUMBAUGH

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to waive provisions of Section 62-102 to allow three lots to share the same access easement strip as requested by Anthony Rumbaugh, owner of Tax Parcel 23-36-24-00-259. Motion carried and ordered unanimously.

CONTRACT WITH JUAN MONTOYA, RE: GUARANTEEING IMPROVEMENTS IN
BONITA BEACH CONDOMINIUM

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Contract with Juan Montoya guaranteeing infrastructure improvements in Bonita Beach Condominium. Motion carried and ordered unanimously. (See page for Contract.)

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
SECTIONS 62-2252 AND 62-2271, NOISE PERFORMANCE STANDARDS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to advertise a public hearing to consider an ordinance amending Sections 62-2252 and 62-2271, Noise Performance Standards, to address loud music. Motion carried and ordered unanimously.

WAIVER OF VEGETATIVE BUFFER TRACT REQUIREMENT, RE: GREEN POINT
SUBDIVISION (f/k/a LOTUS SUBDIVISION)

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to waive 15-foot vegetative buffer tract requirement for Green Point Subdivision (f/k/a Lotus Subdivision) and approve placing the 15-foot area in the easements on the lots. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN AGREEMENT WITH AG VENTURES, L.L.C., RE:
PROPERTY LOCATED NORTH OF JAY JAY ROAD, EAST OF U.S. 1

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with AG Ventures, L.L.C. providing conditions for development of property located north of Jay Jay Road, east of U.S. 1. Motion carried and ordered unanimously. (See page for Agreement.)

BINDING DEVELOPMENT PLAN AGREEMENT WITH D&E PUMP SALES & SERVICE,
INC., RE: PROPERTY LOCATED ON THE WEST SIDE OF U.S. 1, SOUTH SIDE OF
DUNN STREET, AND NORTH SIDE OF ROBERTS STREET

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with D&E Pump Sales & Service, Inc. providing conditions for development of property located on the west side of U.S.1, south side of Dunn Street, and north side of Roberts Street. Motion carried and ordered unanimously. (See page for Agreement.)

BINDING DEVELOPMENT PLAN AGREEMENT WITH DUANE A. LaBEUR, RE: PROPERTY
LOCATED ON SOUTH SIDE OF MT. PLEASANT ROAD, WEST OF MAIN STREET

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with Duane A. LaBeur providing conditions for development of property located on the south side of Mt. Pleasant Road, west of Main Street. Motion carried and ordered unanimously. (See page for Agreement.)

RIGHT-OF-WAY USE AGREEMENT WITH THE VIERA COMPANY, RE: LANDSCAPING
AND IRRIGATION IMPROVEMENTS IN TAVISTOCK, PHASES I AND II

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Right-of-way Use Agreement with The Viera Company for installation and maintenance of landscaping and irrigation improvements within public rights-of-way of Tavistock Drive, Solerno Boulevard, and other intersecting public roads within Tavistock, Phases I and II. Motion carried and ordered unanimously. (See page for Agreement.)

SPEED HUMP REQUEST, RE: TRIMBLE ROAD

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve installation of six speed humps on Trimble Road located in the unincorporated area of Melbourne. Motion carried and ordered unanimously.

TASK ORDER NO. 00-32 WITH S2L, INC., RE: PHASE IIICD LANDFILL GAS SYSTEM
EXPANSION FOR CENTRAL DISPOSAL FACILITY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Task Order No. 00-32 with S2L, Inc. to prepare construction level design drawings, technical specifications, permit applications, and provide construction administration services for construction of Phase IIICD, Landfill Gas System Expansion Project estimated at $89,928. Motion carried and ordered unanimously. (See page for Task Order No. 00-32.)

TASK ORDER NO. 11 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE:
EXPANSION OF SOUTH CENTRAL REGIONAL WATER RECLAMATION FACILITY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Task Order No. 11 with Post, Buckley, Schuh & Jernigan, Inc. to provide engineering design services for expansion of the South Central Regional Water Reclamation Facility. Motion carried and ordered unanimously. (See page for Task Order No. 11.)

PERMISSION TO BID AND AWARD BID, RE: PHASE IIICD LANDFILL GAS EXPANSION
PROJECT AT CENTRAL DISPOSAL FACILITY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to bid Phase IIICD Landfill Gas Expansion Project at the Central Disposal Facility, and award bid to the lowest qualified and responsive bidder for construction of the project. Motion carried and ordered unanimously.

PERMISSION TO AWARD BID AND PURCHASE OFF STATE CONTRACT OR THROUGH
COOPERATIVE AGREEMENT, RE: WATER RESOURCES EQUIPMENT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to award bid to the lowest qualified bidder and purchase off State Contract or through Cooperative Agreements, 13 emergency generators, four emergency pumps, 12 vehicles, two truck mounted cranes, one forklift, and two backhoes budgeted for purchase in FY 2005-06 for the Utility Services Department. Motion carried and ordered unanimously.

PERMISSION TO AWARD BID OR PURCHASE OFF STATE CONTRACT, RE: HEAVY
EQUIPMENT FOR SOLID WASTE MANAGEMENT DEPARTMENT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to award bid to lowest responsible bidder or purchase off State Contract four tractor trucks, one lowboy trailer, three transfer trailers, two dozers, one switching tractor, two off-road dump trucks, and one compactor budgeted for purchase in FY 2005-06 for the Solid Waste Management Department. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH WASTE ENERGY TECHNOLOGY, LLC, RE: PHASE IIIB
INSTALLATION OF LANDFILL GAS WELLS AT CENTRAL DISPOSAL FACILITY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Change Order No. 1 with Waste Energy Technology, LLC, for installation of horizontal gas collection wells at the Central Disposal Facility, reducing the price and extending the time for completion of the project. Motion carried and ordered unanimously. (See page for Change Order No. 1.)

APPROVAL, RE: NAMING BASEBALL AREA AND FIELD AT TROPICAL ELEMENTARY
SCHOOL

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve naming the Little League baseball area as Ron Smith Park and the major field as Wally Finney Field at Tropical Elementary School. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
CHAPTER 34, ARTICLE II, ART IN PUBLIC PLACES ADVISORY COMMITTEE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to advertise a public hearing to consider an ordinance amending Chapter 34, Article II, Art in Public Places Advisory Committee. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF COCOA, RE: ANNEXATION OF SHARPES COMMUNITY
CENTER PARK

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Annexation Agreement with the City of Cocoa for Sharpes Community Center Park, which is under development. Motion carried and ordered unanimously.

GRANT CONTRACT WITH FLORIDA COMMUNITIES TRUST, FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS, RE: MAX K. RODES PARK PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Grant Contract with Florida Communities Trust, Florida Department of Community Affairs for Max K. Rodes Park Project grant; and authorize the County Manager to execute any other standard documents and amendments required by the Trust. Motion carried and ordered unanimously. (See page for Contract.)

AGREEMENT TO EXTEND EXISTING CONTRACT WITH SPACE COAST ADVERTISING,
RE: MARKETING AND ADVERTISING SERVICES FOR SCAT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement to Extend Existing Contract with Space Coast Advertising for marketing and advertising services for Space Coast Area Transit (SCAT). Motion carried and ordered unanimously. (See page
for Agreement.)

REVISED POLICY BCC-14, RE: DRUG AND ALCOHOL TESTING FOR SCAT
APPLICANTS AND EMPLOYEES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve revised Policy BCC-14, Drug and Alcohol Testing for Space Coast Area Transit (SCAT) applicants and employees. Motion carried and ordered unanimously. (See page for Policy BCC-14.)

APPROVAL, RE: DISPOSAL OF SURPLUS PROPERTY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve removal of surplus property from inventory; authorize public sale of equipment and disposal of hazardous surplus materials; and grant permission for staff to accept or reject bids where bid price is below perceived value, using its experience from previous sales. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: RESOLUTION ESTABLISHING MILLAGE AND BUDGET
FOR NORTH BREVARD HOSPITAL DISTRICT FOR FY 2005-06

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge receipt of Resolution establishing the FY 2005-06 millage and budget for North Brevard Hospital District (Parrish Medical Center). Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: RESOLUTION FROM CANAVERAL PORT AUTHORITY
ADOPTING BUDGET AND ESTIMATE OF REVENUES AND EXPENSES FOR FY 2005-06

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge receipt of Resolution from Canaveral Port Authority adopting its budget and estimate of revenues and expenses for FY 2005-06. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: RESOLUTION FROM MONTECITO COMMUNITY
DEVELOPMENT DISTRICT IDENTIFYING FY 2005-06 MEETING SCHEDULE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge receipt of Resolution from Montecito Community Development District identifying its FY 2005-06 Meeting Schedule. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING TRANSFER OF CABLE FRANCHISE FROM ADELPHIA
COMMUNICATIONS CORPORATION TO COMCAST CORPORATION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution consenting to the transfer of cable franchise from Adelphia Communications Corporation to Comcast Corporation; and authorize advertising a public hearing to extend the current Franchise Agreement for six months to assess the status of Adelphia’s transaction and exchange with Comcast. Motion carried and ordered unanimously. (See page
for Resolution No. 05-286.)

AGREEMENT WITH ECONOMIC DEVELOPMENT COMMISSION OF FLORIDA’S SPACE
COAST, RE: ECONOMIC DEVELOPMENT SERVICES FOR FY 2005-06

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement with Economic Development Commission of Florida’s Space Coast to serve as the County’s marketing, retention, and recruitment agency for economic development in FY 2005-06. Motion carried and ordered unanimously. (See page for Agreement.)

AMENDMENT NO. 1 TO AGREEMENT WITH STOTTLER STAGG & ASSOCIATES, INC.,
RE: ARCHIVE WAREHOUSE FOR CLERK OF COURTS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Amendment No. 1 to Agreement with Stottler Stagg & Associates, Inc. to provide design engineering services for the archive warehouse for the Clerk of Courts. Motion carried and ordered unanimously. (See page for Amendment No. 1.)

PERMISSION TO DESIGNATE STORMWATER UTILITY DIRECTOR AS COUNTY
REPRESENTATIVE, RE: MODERN, INC. ET AL v. STATE OF FLORIDA ET AL

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to designate Ron Jones, Stormwater Utility Director, to act on the County’s behalf in mediation proceedings regarding Modern, Inc. et al v. State of Florida et al litigation. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
ARTICLE II, SECTION 2-73, REVISING DEPARTMENTAL STRUCTURE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to advertise a public hearing to consider an ordinance amending Article II, Section 2-73, revising the Departmental Structure of County Government. Motion carried and ordered unanimously.

APPROVAL, RE: LEGISLATIVE DELEGATION WORKSHOP

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve a workshop for December 15, 2005, at 1:30 p.m. with the Brevard Legislative Delegation. Motion carried and ordered unanimously.

APPROVAL, RE: APPROPRIATION TO CROSSWINDS YOUTH SERVICES CAPITAL
FUND FROM STATE FORFEITURE FUND

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve appropriation of $50,000 from the State Forfeiture Funds to Crosswinds Youth Services Capital Fund. Motion carried and ordered unanimously.

PERMISSION TO DISTRIBUTE, RE: FLORIDA CONTRABAND FORFEITURE MONIES
TO CITY OF CAPE CANAVERAL

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize distribution of $15,392 of State Forfeiture Funds to City of Cape Canaveral pursuant to Section 932.7055(5), Florida Statutes. Motion carried and ordered unanimously.

CONFIRMATION OF APPOINTMENTS, RE: DEPARTMENT DIRECTORS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to confirm appointment of Ernest Brown as Natural Resources Management Director; Kimberly Prosser as SCGTV/ Communications Director; and Steve Quickel as Facilities Director. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to appoint and/or reappoint Larry McElhinney to the Citizens Budget Review Committee replacing Jack Callinan, with term expiring December 31, 2005; Billie N. Fitzgerald and Maureen Rupe to the North Brevard Hospital District Board, with terms expiring December 31, 2009; and Anselmo Baldonado to the Tourist Development Council, with term expiring October 24, 2009. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve bills as submitted. Motion carried and ordered unanimously. (See page for List of Bills.)

APPROVAL, RE: REVISED PRECINCT LEGAL DESCRIPTIONS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve revised Precinct legal descriptions for changes to existing Precincts due to annexations by the Cities of Cocoa, Melbourne, Palm Bay, Rockledge, Titusville, and West Melbourne. Motion carried and ordered unanimously. (See pages for Precinct Legal Descriptions.)

RESOLUTION, RE: ADOPTING RATES FOR VIDEO/AUDIO DUPLICATION OF
MEETINGS AND PROGRAMS

Walter Pine expressed concern that $100 may not cover costs of equipment depreciation, etc.

Commissioner Voltz inquired how would staff come up with an amount; with Assistant County Manager Stockton Whitten responding it has been there since they started the station, but he has no problem going back and researching if it is a correct fee.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution establishing rates for video/audio duplication of meetings and programs. Motion carried and ordered unanimously. (See page for Resolution No. 05-287.)

The meeting recessed at 12:16 p.m., and reconvened at 1:00 p.m.

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

CONSIDERATION, RE: SPECIAL MAGISTRATE’S RECOMMENDED ORDER TO GRANT
VESTED RIGHTS PETITION FROM SPIRITUAL ASSEMBLY OF THE BAHA’IS

Attorney Philip Fougerousse, representing Spiritual Assembly of the Baha’is, requested the Board ratify the findings of the Special Magistrate, explained the proceedings, and noted no objection to the change made by the Special Magistrate.

Donna Eddleman stated her home is next to the property owned by the Assembly; advised of previous actions regarding the property; and requested vested rights not be granted.

The Board, County Attorney, staff, and Mr. Fougerousse discussed the issues.

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

Chairman Pritchard stated the zoning went to the Special Magistrate; the Board asked for recommendation and got it for vested rights; so he will accept the recommended order.

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to accept the recommended order of the Special Magistrate and approve the vested rights petition of the Spiritual Assembly of the Baha’is of Brevard County. Motion carried and ordered; Commissioner Voltz voted nay.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF OLD DIXIE HIGHWAY
AND PORTION OF DRAINAGE EASEMENT - AG VENTURES, LLC AND GEN
DEVELOPMENT, INC.

Chairman Pritchard called for the public hearing to consider a resolution vacating a portion of Old Dixie Highway and a portion of a drainage easement, as petitioned by AG Ventures, LLC and Gen Development, Inc.

Transportation Engineering Director John Denninghoff advised of the community’s concerns about increased egress for the Housing Authority site; and stated it will create a safer condition, so staff supports the vacating based on the granting of an ingress/egress easement and creating a driveway.

Commissioner Scarborough stated it will not be vacated until the new road is in place, alternative access for the Housing Authority, and realignment of a portion of Old Dixie Highway.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt a Resolution vacating a portion of Old Dixie Highway and a portion of a drainage easement as petitioned by AG Ventures, LLC and Gen Development, Inc., subject to the vacation not being effective until the new road is in place, realignment of Old Dixie Highway to improve pedestrian and traffic safety, dedication of right-of-way through approval of Hamlin Grove final plat, and a new easement created via Hamlin Grove allowing existing drainage pattern to continue. Motion carried and ordered unanimously. (See page for Resolution No. 05-288.)

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENT IN
BAREFOOT BAY, UNIT ONE - GEORGE L. AND LINDA C. SMITH

Chairman Pritchard called for the public hearing to consider a resolution vacating a public utility easement in Barefoot Bay, Unit One, as petitioned by George L. and Linda C. Smith.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution vacating a public utility easement in Barefoot Bay, Unit One, as petitioned by George L. and Linda C. Smith. Motion carried and ordered unanimously. (See page for Resolution No. 05-289.)

PUBLIC HEARING, RE: RESOLUTION CONFIRMING PRELIMINARY ASSESSMENT ROLL
FOR SERNA ROAD PAVING MSBU

Chairman Pritchard called for the public hearing to consider a resolution confirming the preliminary assessment roll for Serna Road Paving MSBU.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution confirming the preliminary assessment roll for Serna Road Paving Municipal Service Benefit Unit (MSBU). Motion carried and ordered unanimously. (See page for Resolution No. 05-290.)

PUBLIC HEARING, RE: RESOLUTION APPROVING FOURTH QUARTER SUPPLEMENTAL
BUDGETS FOR FY 2004-05

Chairman Pritchard called for the public hearing to consider a resolution approving the Fourth Quarter Supplemental Budgets for FY 2004-05.

Commissioner Scarborough advised District 1 Parks and Recreation needs more time to review; and recommended those budgets be held. County Manager Peggy Busacca advised they cannot publish this year’s budget until they complete next year’s budget; and inquired if the rest could be approved. Commissioner Scarborough stated he has questions on the Sheriff’s budget as well; he will not be negligent in approving something he does not understand; he had a briefing yesterday; however, he did not have an opportunity to find out more about Parks and Recreation.

Discussion ensued on acquisition of vehicles for the Sheriff’s Department to replace those with over 120,000 miles, expansion of the jail, Constitutional Officers’ budgets, the Sheriff doing an excellent job, and meeting with the Sheriff.

Sheriff’s Administrator Tom Jenkins advised the Sheriff is returning $2.2 million to the General Fund and of that $2.2 million, $1 million is committed to the Board for the jail; and commented on other issues during the prior Sheriff’s operation.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution approving the Fourth Quarter Supplemental Budgets for FY 2004-05, amended to remove District 1 Parks and Recreation budget supplements. Motion carried and ordered unanimously. (See page for Resolution No. 05-291.)

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE XV, SECTION
62-4902, ADULT ENTERTAINMENT CODE

Chairman Pritchard called for the public hearing to consider an ordinance amending Chapter 62, Article XV, Section 62-4902, Adult Entertainment Code.

Chairman Pritchard inquired if someone pleads no contest, would it be the same as being convicted; with County Attorney Scott Knox responding it would now. Chairman Pritchard inquired if it applies to other things; with Mr. Knox responding no.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt an Ordinance amending Chapter 62, Article XI, Adult Entertainment Code, Code of Ordinances of Brevard County, Florida; specifically amending Section 62-4902 providing definition for conviction; providing for severability; providing for resolution of conflicting provisions; and providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 05-52.)

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE XII, COASTAL
SETBACK AND CONTROL LINES

Chairman Pritchard called for the public hearing to consider an ordinance amending Chapter 62, Article XII, regarding the coastal setback and control lines.

The Board and staff discussed the footage for setbacks, hurricane damage, destruction of dunes, natural grade, minimizing structures, more leniency in terms of height, and Building Code.

Motion by Commissioner Voltz, seconded Commissioner Carlson, to adopt an Ordinance of Brevard County, Florida, amending Chapter 62, Article XII, Code of Ordinances of Brevard County, Florida, relating to coastal protection; specifically amending Section 62-4201 Definitions, Section 62-4205 Intent, Section 62-4207 Nonconforming Structures, Section 62-4212 Prohibited Structures and Activities Seaward of the Coastal Setback Line, Section 62-4213 Permitted Structures Seaward of the Coastal Setback Line, and Section 62-4215 Exemptions from Coastal Construction Control Line; providing for the interpretation of conflicting provisions; providing for severability; providing for area encompassed and an effective date, with inclusion of Comment #1. Motion carried and ordered unanimously. (See page
for Ordinance No. 05-53.)

PUBLIC HEARING, RE: REVISIONS TO MERIT SYSTEM POLICIES

Chairman Pritchard called for the public hearing to consider revisions to the Merit System Policies.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to approve revisions to Merit System Policy II, Pay Plan; Policy III, Recruitment, Applications, and Examinations; Policy IV, Appointments; Policy VIII, Holidays; Policy IX, Leave, Policy XI, Employee Performance Evaluation; and Policy XII, Disciplinary Action. Motion carried and ordered unanimously. (See pages for Policies.)

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
PUTNAM PARK, UNIT ONE - DOLLY ESTEP AND ROBERT ESTEP

Chairman Pritchard called for the public hearing to consider a resolution vacating public utility easements in Putnam Park, Unit One, as petitioned by Dolly Estep and Robert Estep.

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution vacating public utility easements in Putnam Park, Unit One, as petitioned by Dolly Estep and Robert Estep. Motion carried and ordered unanimously. (See page for Resolution No. 05-292.)

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF GRANDVIEW DRIVE
IN GRANDVIEW PARK - TAD AND TOBY JACKSON

Chairman Pritchard called for the public hearing to consider a resolution vacating a portion of Grandview Drive in Grandview Park, as petitioned by Tad and Toby Jackson.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating portion of Grandview Drive in Grandview Park, as petitioned by Tad and Toby Jackson. Motion carried and ordered unanimously. (See page for Resolution No. 05-293.)

PUBLIC HEARING, RE: RESOLUTION VACATING PALM AVENUE IN RESUBDIVISION
OF BLOCKS IN BURCHFIELD AND BRUNERS ADDITION TO CRESCENT BEACH
- CRESCENT BEACH VENTURES, LLC

Chairman Pritchard called for the public hearing to consider a resolution vacating Palm Avenue in Resubdivision of Blocks in Burchfield and Bruners Addition to Crescent Beach, as petitioned by Crescent Beach Ventures, LLC.

Alan Gerard stated he moved into the area three years ago and was not aware of the vacating; it is a dead-end street; it is a street with no traffic unless they live there; he is opposed to the vacating because of a large development going in on the south side; and the easement could open it up for 120 units coming on line in 2006. Mr. Gerard stated the area would not be nice, quiet, and peaceful; and he hopes the Board will keep things the way they are.

Commissioner Scarborough stated the comment dealt with development as opposed to the right-of-way. Traffic Engineering Director John Denninghoff advised he does not understand the objection and would like an opportunity to speak with the person. Commissioner Scarborough recommended the public hearing be postponed until later in the meeting to allow Mr. Denninghoff to meet with Mr. Gerard.

The Board postponed the public hearing on vacating Palm Avenue in Resubdivision of Blocks in Burchfield and Bruners Addition to Crescent Beach, as petitioned by Crescent Beach Ventures, LLC until later in the meeting.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN RAINTREE-BY-THE LAKE - STUART L. ANDREWS

Chairman Pritchard called for the public hearing to consider a resolution vacating a public utility and drainage easement in Raintree-by-the Lake, as petitioned by Stuart L. Andrews.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to continue the public hearing on a resolution vacating a public utility and drainage easement in Raintree-by-the Lake, as petitioned by Stuart L. Andrews until November 22, 2005. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
BAREFOOT BAY, UNIT ONE - SYLVESTER AND MARY A. SZYMANSKI

Chairman Pritchard called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit One, as petitioned by Sylvester and Mary A. Szymanski.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit One, as petitioned by Sylvester and Mary A. Szymanski. Motion carried and ordered unanimously. (See page for Resolution No. 05-295.)

PUBLIC HEARING, RE: ORDINANCE APPROVING TAX ABATEMENT FOR FYI
CORPORATION

Chairman Pritchard called for the public hearing to consider an ordinance approving tax abatement for FYI Corporation.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt an Ordinance granting an economic development ad valorem exemption to FYI Corporation, 100 Rialto Place, Suite 200, Melbourne, Florida; specifying the items exempted; providing for expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.0-12; providing for proof of eligibility for exemption; providing for an annual report by FYI Corporation; providing for an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 05-54.)

PUBLIC HEARING, RE: APPEAL OF STAFF INTERPRETATION OF SURFACE WATER
PROTECTION ORDINANCE BY MATTHEW BOUCHER

Chairman Pritchard called for the public hearing to consider an appeal of staff’s interpretation of the Surface Water Protection Ordinance as requested by Matthew Boucher.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to continue the public hearing to December 6, 2005, to consider an appeal by Matthew Boucher of staff’s interpretation of the Surface Water Protection Ordinance. Motion carried and ordered unanimously.

CONTRACTS FOR SALE AND PURCHASE WITH KEITH AND RUTH ANN WHARTON,
AND MARGUERITE E. SULLIVAN, RE: WICKHAM ROAD WIDENING PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Contracts for Sale and Purchase with Keith and Ruth Ann Wharton at $7,500, and Marguerite E. Sullivan at $14,000, for property required for Wickham Road Widening project, between Nasa Boulevard and U.S. 192. Motion carried and ordered unanimously. (See pages for Contracts.)

AUTHORIZE SETTLEMENT OF CLAIMS, RE: HEALTH FIRST, INC. v. BREVARD COUNTY
AND NORTH BREVARD HOSPITAL DISTRICT v. BREVARD COUNTY

Motion by Commissioner Voltz, seconded by Commissioner Pritchard, to authorize settlement of all claims in lawsuits with Health First, Inc. at $141,408.59 for Mark Brown, Marshall Chapman, Rene Reuter, James Scott, Thomas Shields, Edward Stewart, William Washington, Samuel Watts, and Percivel Wilson; and with North Brevard Hospital District at $46,025.79 for Carlton Carr and Horace Mitchell, including attorneys’ fees and costs. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PALM AVENUE IN RESUBDIVISION
OF BLOCKS IN BURCHFIELD AND BRUNERS ADDITION TO CRESCENT BEACH
- CRESCENT BEACH VENTURES, LLC (CONTINUED)

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating right-of-way (Palm Avenue) in Resubdivision of Blocks in Burchfield and Bruners Addition to Crescent Beach, as petitioned by Crescent Beach Ventures, LLC. Motion carried and ordered unanimously. (See page for Resolution No. 05-294.)

CITIZEN REQUEST - GRADY STEWART, RE: REIMBURSEMENT FOR OVERPAYMENT
OF IMPACT FEE

Grady Stewart advised the house was completed in June, which can be verified by Melbourne Beach Building Department.

The Board and staff discussed the issues and lack of information.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve reimbursement of $4,488.59 to Grady Stewart for overpayment of impact fee, subject to Mr. Grady providing staff with appropriate information. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: NORTH COURTENAY PARKWAY CORRIDOR STUDY
RECOMMENDATIONS

Chairman Pritchard passed the gavel to Vice Chairman Voltz.

Motion by Commissioner Pritchard, seconded for discussion by Commissioner Carlson, to approve the recommendations of the North Courtenay Parkway Citizen Resource Group’s North Courtenay Parkway Corridor Study.

Commissioner Pritchard advised of possible funding resources, including not six-laning North Courtenay Parkway. Planner III Todd Corwin explained the issues. Commissioner Carlson inquired if the Code changes would only apply to the North Courtenay Parkway corridor.

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

Vice Chairman Voltz passed the gavel to Chairman Pritchard.

TASK ORDER NO. 00-30 WITH S2L, INC., RE: ENGINEERING SERVICES FOR VEHICLE
MAINTENANCE BUILDING AT CENTRAL DISPOSAL FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Task Order No. 00-30 with S2L, Inc. to providing permitting, design, and part-time construction administration services for the Vehicle Maintenance Building at the Central Disposal Facility. Motion carried and ordered unanimously. (See page for Task Order No. 00-30.)

REQUEST OF ROBERT AND ARLENE FATA, RE: WAIVER OF EDUCATIONAL
FACILITIES IMPACT FEE

Commissioner Voltz stated another house in the area was reimbursed for paying the educational facilities impact fee; the contract was signed September 1; the hurricane hit and they did not get everything recorded before the effective date; and it was a matter of timing.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to waive educational facilities impact fee for Robert and Arlene Fata for construction of their home at 855 Aquarina Boulevard, Melbourne Beach, as their Contracts were signed prior to the implementation date of the impact fee. Motion carried and ordered unanimously.

APPROVAL OF FUNDING, RE: ACQUISITION OF PROPERTY FOR FIRE STATION AT
5132 NW MINTON ROAD IN PALM BAY

Motion by Commissioner Colon, seconded by Commissioner Carlson, to approve expenditure of funds for title searches, surveys, environmental assessments, and appraisals in conjunction with the acquisition of property to expand Fire Station #83; authorize staff to negotiate for property located on the west side of Minton Road in Palm Bay; and grant approval to utilize funds currently budgeted in the Fire Rescue Reserves. Motion carried and ordered unanimously.

APPROVAL OF COMMUNITY ACTION BOARD RECOMMENDATIONS AND REQUEST
FOR ADDITIONAL FUNDS, RE: COMMUNITY BASED ORGANIZATIONS

Housing and Human Services Director Gay Williams requested approval of the recommendations of the Community Action Board (CAB) to award funding to community based organizations in the amount of $637,399; and advised the CAB also requested additional funding for other agencies and authorization for the Chairman to sign the contracts and amendments subject to approval by the County Attorney and Risk Management.

Joe Steckler; Cathy Lawrence with First Defense Abstinence Education; Chris Stagman with Brevard Alzheimer's Foundation; and Tammye Faye Johnson, CAB Chair advised of funding shortages, educational outreach, hurricanes making fundraising more difficult, and requests for additional funding.

The Board discussed funding issues, cutbacks from State and federal governments, leveraging dollars, seed money, new agencies, investment in social capital, CAB analysis, and accountability.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to approve the recommendations of the Community Action Board to allocate $637,399 to 14 organizations, and authorize $311,373 additional funding from the Reserve Fund for 10 organizations. Motion carried and ordered; Commissioners Voltz and Pritchard voted nay.

RESOLUTION, RE: QUALIFYING ROCKWELL COLLINS, INC. AS ELIGIBLE BUSINESS
UNDER TAX ABATEMENT PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution qualifying Rockwell Collins, Inc. as an eligible business under the County’s Tax abatement Program; and authorize a public hearing to consider an ordinance for tax exemption. Motion carried and ordered unanimously. (See page for Resolution No. 05-296.)

CONSIDERATION OF SPECIAL MAGISTRATE’S RECOMMENDED ORDER, RE: GRANT
VESTED RIGHTS PETITION OF MARK AND BRIDGET ELLIOTT

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to accept the recommended order of the Special Magistrate to approve the vested rights petition of Mark and Bridget Elliott regarding denial of a small scale plan amendment to change the Future Land Use Map from Residential 1 to Residential 2; and authorize refund of $1,699 plus $433 to the petitioners. Motion carried and ordered unanimously.

RESOLUTIONS, RE: AUTHORIZING LOCAL OPTION FUEL TAX REVENUE BONDS,
SERIES 2005

Finance Director Stephen Burdett explained the funding issues. The Board discussed the use of the bond revenues.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution authorizing the issuance by Brevard County, Florida of not exceeding $50,000,000 in aggregate principal amount of Local Option Fuel Tax Revenue Bonds, Series 2005 to finance a portion of the cost of certain transportation improvements within the County; pledging moneys received by the County from the Local Option Fuel Tax Trust Fund to secure payment of the principal of and interest on said bonds; providing for the rights of the holders of said bonds; and providing for an effective date for this Resolution. Motion carried and ordered unanimously. (See page for Resolution No. 05-297.)

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt a Resolution supplementing a Resolution adopted by the Board on the date hereof, pertaining to the issuance of the Local Option Fuel Tax Revenue Bonds, Series 2005 in an aggregate principal amount not exceeding $50,000,000; establishing or providing for the establishment of the principal amount, date, interest rates, interest dates, provisions for redemption, and maturity schedules of said bonds; delegating certain authority to the County representative to award said bonds pursuant to a public bid, provided the bids submitted fall within parameters set forth herein; approving the form of a Preliminary Official Statement; authorizing its use and distribution and authorizing the execution of a Final Official Statement; approving the form of an Official Notice of Sale and Summary Notice of Sale with respect to said bonds; approving the form and authorizing the execution of a continuing Disclosure Certificate; designating the registrar and paying agent for said bonds; providing certain other details with respect to said bonds; approving the acquisition of a Policy of Municipal Bond Insurance and a Reserve Account Insurance Policy from Financial Guaranty Insurance Company; approving the execution of a Debt Service Reserve Fund Policy Agreement with Financial Guaranty Insurance Company in connection with such Reserve Account Insurance Policy; authorizing and providing an effective date for this Resolution. Motion carried and ordered unanimously. (See page
for Resolution No. 05-298.)

APPOINTMENTS, RE: NORTH BREVARD HOSPITAL DISTRICT BOARD MEMBERS

Thelma Roper advised of her issues regarding appointments to the Hospital District Board.

Commissioner Scarborough advised of procedural changes regarding appointments to the Hospital District Board. Commissioner Voltz stated continuity is important; and advised of all the correspondence she received in support of the candidates.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to appoint Maureen Rupe and Ms. Billie Fitzgerald to the North Brevard Hospital District Board, with terms expiring December 31, 2009. Motion carried and ordered unanimously.

APPROVAL OF APPLICATION, RE: DISASTER ASSISTANCE LOCAL MATCH
REDUCTION OR WAIVER AND PAYMENT DEFERRAL

Motion by Commissioner Voltz, seconded by Commissioner Pritchard, to approve application to the Executive Office of the Governor for disaster assistance local match reduction or waiver and payment deferral for Hurricanes Charley, Frances, Jeanne, and Wilma. Motion carried and ordered unanimously.

DISCUSSION, RE: TRANSFER OF 800 MHz RADIO NETWORK TO BOARD

Commissioner Carlson stated there are three items; one is to renegotiate the interlocal agreements with the cities so that the $12.50 funding is redirected to help pay for upgrades of the system; and in her discussions with staff, they talked about other potential funding to work with the cities for a fair share formula so she assumes that is part of the process. She inquired if that is a correct assumption; and stated she wants to clarify that and if it needs to be in the motion, she will add it. Communications Director Joe Lamers responded it is not addressed in the item, but staff can follow that if it is the Board’s direction. Commissioner Carlson recommended the motion include addressing a fair share with the cities to see how they are going to be able to fund the $10 million program.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the transfer of administrative oversight of the 800 MHz radio network to the Board of County Commissioners from the Sheriff, and direct staff to proceed with addressing a fair share formula with the municipalities to fund the $10 million-plus upgrade of the system. Motion carried and ordered unanimously.

APPROVAL, RE: HIRING INDIVIDUAL TO CONDUCT INDEPENDENT INVESTIGATION
RELATING TO THE FUTURE LAND USE MAP

Walter Pine, Thelma Roper, and Bea Polk addressed the issue of hiring an individual to conduct an independent investigation relating to the Future Land Use Map, and noted Randy Fitzpatrick does not exist in Florida.

County Attorney Scott Knox advised he wrote the name wrong, and it should be Miranda Fitzgerald.

The Board discussed various issues, including East Central Florida Regional Planning Council looking into the maps; and Chairman Pritchard read portions of a verbatim transcript from the August 23, 2005 Board of County Commissioners meeting.

The Board took no action to hire an individual to conduct an investigation relating to the Future Land Use Map.

APPROVAL, RE: 2006 BOARD MEETING SCHEDULE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the 2006 Board of County Commissioners meeting schedule, subject to changes as necessary, amended to move the June 1 zoning meeting to May 25; and reserve April 18, July 18, and October 24 for night meetings as needed. Motion carried and ordered unanimously.

CITIZEN REQUEST - ROLAND CARLSON, RE: INCINERATOR PLANT v. LANDFILL
LITTERING, PREVENTION OF HAZARD v. DANGEROUS TREES, AND TAXI
REGULATIONS

Roland Carlson addressed the Board about his concerns regarding landfill pollutants, waterways dying, and nobody inspecting the health, safety and welfare of citizens. He stated fees for taxicabs are $5.50 for 20 miles and people have an option to not take the cab if they do not want to.

CITIZEN REQUEST - BETTE DANSE, RE: RESIDENCY REQUIREMENT FOR NORTH
MERRITT ISLAND SMALL AREA CITIZEN RESOURCE GROUPS

Bette Danse presented a copy of a petition she presented to Chairman Pritchard on May 23, 2005 requesting that members of the four North Merritt Island Small Area Study Committees be residents and not only property owners in the areas of which they are a committee person.

Commissioner Voltz stated property owners have a stake in their community and should have a right to serve on a committee.

Chairman Pritchard explained the experiences of the current members on the Committees and read comments from members.

CITIZEN REQUEST - DON BRINTLE, RE: CODE ENFORCEMENT ISSUES AT
1426 AND 1428 LAKE DRIVE IN COCOA

Don Brintle presented pictures of the conditions on property located at 1426 and 1428 Lake Drive in Cocoa, including no water to flush commodes.

The Board and staff discussed the ongoing conditions and what can be done about them.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize the County Attorney to seek an injunction against the property owners of 1426 and 1428 Lake Drive in Cocoa, and proceed with lien and foreclosure proceedings if necessary. Motion carried and ordered unanimously.

PERMISSION TO SCHEDULE EXECUTIVE SESSION, RE: BREVARD COUNTY v.
NATIONAL UNION FIRE INSURANCE COMPANY

Motion by Commissioner Voltz, seconded by Commissioner Colon, to authorize the County Attorney’s Office to advertise and schedule an executive session for November 22, 2005 at 11:30 a.m. or as soon thereafter as possible to discuss strategies relating to Brevard County v. National Union Fire Insurance Company lawsuit. Motion carried and ordered unanimously.

RESOLUTION, RE: AMENDING BUILDING CODE PERMIT FEE

Chairman Pritchard read the proposed fees; expressed concern about the cost to citizens; and stated he supposes the increase is to make the Department self-sustaining.

The Board discussed the needs of the office, not being funded by General Funds, no increase in fees for 13 years, and those who do not use the service should not pay taxes to support it.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution increasing fees for Building Code permits. Motion carried and ordered unanimously. (See page
for Resolution No. 05-284.)

RESOLUTION, RE: ESTABLISHING FEE SCHEDULE FOR SELECTED ADMINISTRATIVE
REVIEW FUNCTIONS

Chairman Pritchard stated establishing fees goes against his grain and creates a segment of the population paying for those things.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution establishing a fee schedule for selected administrative review functions. Motion carried and ordered; Commissioner Pritchard voted nay. (See page for Resolution No. 05-285.)

WARRANT LIST

Upon motion and vote, the meeting adjourned at 4:52 p.m.

ATTEST: ___________________________________
RON PRITCHARD, D.P.A., CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
____________________
SCOTT ELLIS, CLERK