February 4, 2003

The Board of County Commissioners of Brevard County, Florida, met in regular session on February 4, 2003, at 9:06 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairperson Jackie Colon, Commissioners Truman Scarborough, Ron Pritchard, Nancy Higgs, and Susan Carlson, County Manager Tom Jenkins, and County Attorney Scott Knox.

REMEMBRANCE OF COLUMBIA ASTRONAUTS

A video presentation was given in remembrance of the Columbia astronauts, Rick Husband, William McCool, Michael Anderson, David Brown, Kalpana Chawla, Laurel Clark, and Ilan Ramon of STS 107.

Chairperson Colon stated the community has suffered a terrible loss; and it is appropriate for the Board to provide an opportunity for the community to heal. She stated Rabbi Richard Margolis, Dr. Vaishale Patel, and Reverend Luis Lugo are present today.

Yvette Torres of District 4 sang America the Beautiful.

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

Rabbi Richard Margolis advised of attending several services and memorials for the astronauts, and drawing inspiration from the many thousands of people who gathered in the community to show support for the families of the lost astronauts. He commented on viewing launches and our tendency to take for granted that everything will succeed. He stated a tragedy like this reawakens us to the reality that there are millions of individual parts to each shuttle and thousands of functions to each mission; every one of them has to come right for a mission to launch securely and return safely; and the slightest flaw or error may cause all to be lost. He recommended we not take our successes so much for granted as they are nothing less than modern miracles every time. He commented on the astronauts representing the best of the best, the struggle to replace them, the fragility of life, and attempts to show solidarity. He asked God to bless the Commissioners with the wisdom to help the people persevere; and recommended everyone put aside their differences in these days of healing and draw together.

Dr. Vaishale Patel stated everyone has gathered for the mutual sadness; and commented on diversity of culture, unity, and astronauts having gained eternity. She advised of an interview with Kalpana Chawla where she told of viewing from space the River Ganges, the River of Knowledge. She offered prayers in the Sanskrit language; and advised of the English translation.

Reverend Luis Lugo stated many questions arise when things like the Columbia tragedy happen, such as where was God; but He was there to welcome those souls and comfort the families; and God’s hand is on the United States, India, and Israel. He commented on the heroism of the astronauts and their legacy, faith giving strength to go forward, and the need for the nations to go forward. He stated the dreams of the astronauts will go on, and others will make them come to pass. He offered a prayer in memory and honor of the astronauts.

Chairperson Colon stated even though business goes on does not mean people are not hurting, but they have to pick up the pieces and go on.

The video honoring the Columbia astronauts was shown again.

The meeting recessed at 9:34 a.m. and reconvened at 9:43 a.m.

APPROVAL OF MINUTES

Motion by Commissioner Pritchard, seconded by Commissioner Higgs, to approve the minutes of the December 5, 2002 Zoning meeting. Motion carried and ordered unanimously.

ITEM WITHDRAWN FROM AGENDA

County Manager Tom Jenkins stated he wishes to withdraw Item III.D.1. The Board approve withdrawal of Item III.D.1, Approval, Re: Sale of Surplus Property and Chairman Execute Necessary Documents.

REPORT, RE: PARTNERSHIP WITH CITY OF COCOA ON DOCKAGE AT
COCOA VILLAGE

Commissioner Pritchard stated the revitalization of downtown Cocoa is undergoing a beautification effort; and with Lee Wenner Park and the Waterfront Park, one of the things they are working on and would like is “dock, walk, and shop,” which would be the creation of waterfront dockage so that not only could some of the larger vessels tie up and be on display, but it would also work for the smaller boating community to tie up and enjoy an afternoon in downtown Cocoa Village. He read aloud an email from Van Vanderslice advising of the desirability of “dock, walk, and shop” to Cocoa Village, the feasibility of building a dock in an area easily accessible to public parking and foot traffic, and requests that have been made including those of the four-masted schooner Maine, the Cocoa Belle, water taxis, and the Indian River Queen. He stated this may become a future Board endeavor to develop a partnership with the City of Cocoa to develop sufficient dockage for recreational and commercial purposes to better enhance the beautiful waters of the County and the asset of Cocoa Village.

REPORT, RE: POSSIBILITY OF BRUSH FIRES

Commissioner Pritchard stated he requested Public Safety Director Jack Parker speak briefly about the dry skies and opportunities for fires.

Public Safety Director Jack Parker stated January has been a very dry month; but they are hopeful in February and March, they will see the rains come to replenish the water. He stated they are starting to see more brush fires than they would typically see at this time of year; there have been fourteen brush fires in the last month; and they are asking citizens to use care. He stated normally this time of year is not a problem; but they are requesting citizens be extra careful with campfires and anything like that; and they would encourage people not to throw cigarette butts out of car windows. He stated brush fires are generally started one of two ways, carelessness or lightning; they cannot do anything about lightning; but they can do something about carelessness. He stated last year there were over 500 brush fires with no loss of life and no loss of homes; they attribute that greatly to the dedicated men and women in Fire Rescue; but partnered with that were the citizens who were quick to contact authorities at the first sign of fire. He encouraged anyone seeing anything unusual to get in touch with the authorities using the 9-1-1 system.

REPORT, RE: NOISE ORDINANCE

Commissioner Carlson stated her concern is with the Noise Ordinance and how the County deals with various issues regarding special events and outdoor music; there are a couple of sites in District 4 that are on the water on US 1; and there have been complaints from people living on South Tropical Trail about noise and loud music. She stated they found that those having a permit for outdoor music and special events are exempted from the Noise Ordinance; and performance standards pertaining to noise are not applied at all. She stated there does not even appear to be any restriction on noise in the Park and Recreation permits pertaining to this issue; and she would like to get a report on how the Noise Ordinance is applied and if there is any tightening up that can be done to find a way to make sure there is the proper application of the Noise Ordinance.

REPORT, RE: DECELERATION LANES ON ARTERIAL ROADWAYS

Commissioner Carlson stated in District 4 and other areas, there are new curb cuts on major roadways where there are already traffic flow problems; and she would like to get a report on the advisability or feasibility of requiring all new construction on arterial roads to install deceleration lanes for entry points.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to direct staff to report on the advisability and/or feasibility of requiring all new construction on arterial roads to install deceleration lanes for entry points. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: CANVASSING BOARD

Chairperson Colon stated on March 7 and 11, 2003 Commissioner Pritchard will be serving on the Canvassing Board.

ANNOUNCEMENT, RE: INDIANFEST AT WICKHAM PARK PAVILION

Chairperson Colon stated on Sunday February 9, 2003 from 10:00 a.m. to 6:00 p.m., Indianfest will be held at the Wickham Park Pavilion; and encouraged everyone to attend.

ITEM PULLED FROM CONSENT AGENDA

Commissioner Pritchard requested Item III.C.2, Approval of Memorandum of Understanding Between Water Resources Department and Natural Resources Management Office, Re: Creation of Wetlands Monitoring Program, be pulled from the Consent Agenda for discussion.

RESOLUTION, RE: COMMENDING ELYNORE “ELLY” KABBOORD

Commissioner Pritchard stated Elly Kabboord is a remarkable young woman, with a list of achievements that make everyone proud of the younger generation. He stated they found out Ms. Kaboord’s favorite food is chocolate chip cookies; and presented Ms. Kaboord with a plate of cookies and a Beep-beep Roadrunner magnet. Commissioner Pritchard read aloud a resolution commending Elynore “Elly” Kabboord for being selected All-Space Coast Girls Runner for 2000, 2001, and 2002.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution recognizing Elynore “Elly” Kabboord, All-Space Coast Girls Runner for 2000, 2001, and 2003, for her outstanding athletic abilities, scholarship, and citizenship, and wishing her continued success with all future endeavors. Motion carried and ordered unanimously.

Elly Kaboord thanked the Board for blessing her with such a great community; and stated she is proud running through Cocoa Beach, knowing the people there support her. Commissioner Pritchard presented her with the Resolution.

RESOLUTION, RE: RECOGNIZING LEONARD SPIELVOGEL

Commissioner Pritchard stated Leonard Spielvogel has been an integral part of Brevard County for many years; and everyone he spoke to had nothing but the highest regard for him. He stated when he moved to the County and had a legal issue, he was advised that Mr. Spielvogel was the best; and Mr. Spielvogel is held in high esteem. He stated he was advised that when Mr. Spielvogel was in high school, he was a cross-country runner, but got lost; and inquired if that is true. Mr. Spielvogel responded that is true; his coach determined he was not championship quality; and that ended his track career. Commissioner Pritchard stated he also found out that Mr. Spielvogel likes to ride horses and occasionally goes to a dude ranch where he becomes “Tex” Spielvogel. Mr. Spielvogel noted he was inspired by the Lone Ranger as a youngster, and it stayed with him. Commissioner Pritchard presented him with an official cowboy hat, complete with Band-Aids for saddle sores. He stated Mr. Spielvogel has remarked many times that he never knew what dark was until he went on night maneuvers in North Carolina because he was a city kid raised in Manhattan; night vision goggles were not invented then; and presented Mr. Spielvogel with a pair of night vision goggles. He stated Mr. Spielvogel is known for his dazzling neckties; and presented him with a Looney Tunes necktie to wear the next time he has to appear before a public body, such as the Board. He stated Mr. Spielvogel is probably used to going into his office and if he has an itch, asks someone to scratch it; but that is not going to happen anymore because when someone is gone, they are pretty much forgotten; and presented him with a backscratcher and copy of Soap Opera Digest. Commissioner Pritchard stated Mr. Spielvogel has had a baby blue Mercedes for 20 years; and presented him with a can of baby blue auto paint so he can keep his car looking good for another 20 years. He stated many people do not know that Mr. Spielvogel was one of the first producers of honey on Merritt Island; he had a lot of groves; and presented him with a bottle of Leonard’s Orange Blossom Honey. He stated Mr. Spielvogel has spent many long hours at Board meetings; during many of those, he was up on the third floor raiding the vending machines; and presented him with a bag of his favorite candy bars. Commissioner Pritchard requested Mr. Spielvogel’s daughter Beth, granddaughter Tia, the staff of Wuesthoff Hospital, members of his law firm, and friends and others say some words of encouragement.

Mr. Spielvogel’s daughter Beth thanked the Board for honoring her father today; and stated he is enjoying every moment and will remember it for many years. She expressed appreciation to Sharon Luba who was responsible for helping Commissioner Pritchard with the presentation. She stated it will be odd not seeing her father’s car under his building as she drives by; but he has worked many hours and many days; and if there is anyone who deserves to enjoy his years, it is her father. She thanked her father for all the things he taught her, right from wrong, good from bad, Republican from Democrat; and stated she hopes she will be able to follow in his footsteps and give back to the community as much as he has.

Rebecca Davis stated she is sure Mr. Spielvogel is proudest of his pretty daughter and granddaughter. She stated she lives on Merritt Island and represents Wuesthoff Health Systems; and they appreciate the opportunity to join the Board in recognizing Mr. Spielvogel’s lengthy service to the County. She stated at Wuesthoff Health Systems, they are a bit possessive and smug as Mr. Spielvogel has been on their Board of Trustees for more than 27 years; but they realize they have been sharing him with many other organizations in the County. She stated his list of accomplishments, achievements, and accolades is very lengthy; Mr. Spielvogel would be the first to be bored by such a long recitation of them; and expressed appreciation on the part of Wuesthoff Health Systems for the Board’s tribute to Mr. Spielvogel. She stated she has known Mr. Spielvogel for many years, and he is a fine and decent man; she is proud to call him a friend; and as her fisherman husband would say, Leonard Spielvogel is definitely a keeper.

Mason Blake, representing the law firm of Dean, Mead, stated he wants the record to reflect that it has been a great privilege for him and the other members of the law firm to practice these many years with Leonard Spielvogel; he has been a tremendous inspiration to each of them in terms of service to the profession, service to the community, and service to the clients; and he is not only a tribute to the firm and community but a tribute to the legal profession. He thanked the Board for helping to honor Mr. Spielvogel.

Commissioner Pritchard stated when Mr. Spielvogel was in college he worked as a laborer on Long Island building Levittown, mostly with a wheelbarrow and shovel; and that impressed him that Mr. Spielvogel was not a person who was averse to work. He stated that is what he found in the dealings he had with Mr. Spielvogel who is a great man and will be missed; and if he were to read all of the personal affiliations and community service Mr. Spielvogel has been involved with, they would be there much longer than planned. He read aloud a resolution recognizing Leonard Spielvogel.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution recognizing Leonard Spielvogel and offering best wishes on his retirement. Motion carried and ordered unanimously.

Commissioner Scarborough commented on a meeting with Mr. Spielvogel shortly after he was elected; and stated it has always been a pleasure to work with Mr. Spielvogel because he brings a higher intellectual standard to all discussions.

Commissioner Carlson stated Mr. Spielvogel represents an era of the County that will not be replaced any time soon; she will miss his intellect, wit, and demeanor; and she hopes he will enjoy his retirement with his wife, Jean.

Commissioner Higgs joked she is glad this resolution came to the Board so she could support something Mr. Spielvogel represented. She stated she appreciates Mr. Spielvogel’s professional expertise; and although they have disagreed many times, she respects him and what he has done for the community.

County Manager Tom Jenkins stated Mr. Spielvogel has been a class act gentleman the entire time he has known him; he has a tremendous working relationship with staff; and he appreciates his professionalism. He stated the Board should not underestimate Mr. Spielvogel’s contributions made through his affiliation with the Mellon Foundation.

County Attorney Scott Knox stated being a lawyer, the best compliment he can think of is to say that he enjoys hearing Mr. Spielvogel practice in front of him. He stated he has been here ten years now, and has enjoyed every minute that Mr. Spielvogel has been before the Board; and he is a shining example to anyone who wants to learn land use and zoning law.

Chairperson Colon stated she is going to miss Mr. Spielvogel; when she saw him in the audience, she knew they were going to have an interesting day; and she will mostly miss his wit and one liners. She thanked Mr. Spielvogel on behalf of the citizens of the County for his service and commitment.

Mr. Spielvogel expressed appreciation for the accolades; stated he thought he would just fade away like General MacArthur; Marines are taught not to show emotion; and he needs to get through this. He noted he is a registered Democrat; but all his children are registered Republicans; and to paraphrase former President Clinton, in his 45 years as a lawyer, 42 in the County, he has appeared before the Board frequently, and it has been a pleasure; and even a bad day has been a good day. He stated he appreciates all the things that were said, although he does not feel deserving of it; he appreciates his friends coming out; and he appreciates working with staff over the years. He stated Brevard County is blessed with a staff that surpasses any place else; and commented on need for protocol for addressing the Board, and various ways to address the Chairperson. He stated an established protocol to address the Board would help those who come before the Board in future years. He thanked the Board for the Resolution.

Commissioner Pritchard presented the Resolution to Mr. Spielvogel.

RESOLUTION, RE: RELEASING CONTRACT WITH LENNAR HOMES FOR GRAND ISLE
SUBDIVISION, PHASE 2

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to adopt Resolution releasing Contract with Lennar Homes for improvements in Grand Isle Subdivision, Phase 2, dated May 21, 2002. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE CREATING
PARKWAY DRIVE WATERLINE EXTENSION

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to grant permission to advertise a public hearing to consider an ordinance creating Parkway Drive Waterline Extension MSBU. Motion carried and ordered unanimously.

CITIZEN REQUEST FOR SPEED HUMPS, RE: ROCKLEDGE DRIVE

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to approve installation of speed humps on Rockledge Drive in the unincorporated area, as four of the five criteria were met. Motion carried and ordered unanimously.

APPROVAL OF ADDITIONAL SHIP FUNDING FOR AFFORDABLE RENTAL HOUSING FOR
THE ELDERLY, RE: HOUSING AUTHORITY OF THE CITY OF TITUSVILLE

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to approve additional $50,000 of FY 2001-02 SHIP funds for Affordable Rental Housing for the elderly; and authorize the Chairperson to execute an amended agreement with the Housing Authority of the City of Titusville, contingent upon approval by the County Attorney and Risk Management. Motion carried and ordered unanimously.

APPROVAL OF HOME FUNDING FOR AFFORDABLE RENTAL HOUSING FOR THE
MENTALLY ILL, RE: CREATIVE CHOICE HOMES XXV, LTD., AND HOPE PROPERTIES,
INC./CARLISLE DEVELOPMENT GROUP, LLC

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to approve funding allocation of $150,000 each to Creative Choice Homes XXV, Ltd. and Hope Properties, Inc./Carlisle Development Group, LLC, in HOME funds for affordable rental housing for the mentally ill as recommended by the Affordable Housing Council; and authorize the Chairperson or the County Manager to execute Award Letters and Certifications required for Creative Choice Homes XXV, Ltd. and Hope Properties, Inc./Carlisle Development Group, LLC to compete for State tax credits. Motion carried and ordered unanimously.

AGREEMENT WITH CRISIS SERVICES, RE: 211 HELPLINE

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to execute Agreement with Crisis Services, Inc. in the amount of $50,000 to provide 211 Helpline to the citizens of Brevard County. Motion carried and ordered unanimously.

REAPPOINTMENT, RE: PALM BAY REGIONAL PARK CITIZENS ADVISORY COMMITTEE

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to reappoint James A. Hinchman to the Palm Bay Regional Park Advisory Committee, with term expiring December 31, 2003. Motion carried and ordered unanimously.

LEGISLATIVE INTENT AND PERMISSION TO ADVERTISE PUBLIC HEARING, RE:
ORDINANCE AMENDING BAREFOOT BAY WATER AND SEWER DISTRICT SERVICE
AREA BOUNDARY

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to approve legislative intent; and authorize advertisement of a public hearing to consider an ordinance modifying the boundary of the Barefoot Bay Water and Sewer District. Motion carried and ordered unanimously.

APPROVAL OF POLICY BCC-30, RE: COST OF COPYING DOCUMENTS FOR PUBLIC

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to approve Policy BCC-30, Cost of Copying Documents for the Public, in accordance with Policy BCC-31, Sunset Review of Programs, Services, Ordinances, and Regulations. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE NOTICE OF INTENT, RE: ADDING POSITIONS TO SENIOR
MANAGEMENT SERVICE CLASS OF FLORIDA RETIREMENT SYSTEM

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to grant permission to advertise Notice of Intent once a week for two consecutive weeks to designate two additional positions, Roadways and Landscaping Director and Transportation Engineering Director, to be included in the Senior Management Service Class of the Florida Retirement System, to be effective February 1, 2003. Motion carried and ordered unanimously.

APPROVAL OF REQUEST FROM SHERIFF’S OFFICE, RE: USE OF FORFEITURE FUNDS

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to approve transfer of $5,000 in forfeiture funds in accordance with Florida Statute 932.7055(4)(a)(b)(c) to Brevard County TRIAD to fund crime prevention and fraud educational expenses during FY 2002-2003. Motion carried and ordered unanimously.

APPROVAL OF EXECUTIVE SESSION, RE: CHRISTENSEN V. BREVARD COUNTY ET AL

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to grant permission to advertise and schedule an executive session for February 18, 2003 at 11:30 a.m. or as soon thereafter as possible, to discuss strategy related to litigation with regard to Christensen v. Brevard County. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to appoint/reappoint Clara Mutter and Denise Van Cleef to the Animal Enforcement Dangerous Dog Hearing Council with terms expiring December 31, 2003; Eugene Terkoski to the Housing Finance Authority with term expiring December 31, 2006; Dr. Rochelle Kenyon, Dot Lawless, James Gould, and Terry Kotzen to the Suntree/Viera Public Library Advisory Board with terms expiring December 31, 2003; and Marisa McGill to the Zoning Board of Adjustment with term expiring December 31, 2003. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to approve Bills and Budget Changes as submitted. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD
VALOREM EXEMPTION TO PROFESSIONAL AIRCRAFT ACCESSORIES, INC.

Chairperson Colon called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Professional Aircraft Accessories, Inc.

Robert Bial and Joseph Gramzinski advised they represent Professional Aircraft Accessories, Inc., and are present to respond to questions.

Bea Polk stated she is not present to object to this one; but so many times things are approved that are not checked; and there is a problem in Titusville now trying to collect taxes because a company left. She stated they are proud that Professional Aircraft Accessories, Inc. is moving to the County.

There being no further comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt an Ordinance granting an economic development ad valorem exemption to Professional Aircraft Accessories, Inc., 7035 Center Lane, Titusville, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of FS 196.012; providing for proof of eligibility for exemption; providing for an annual report by Professional Aircraft Accessories, Inc.; providing an effective date. Motion carried and ordered; Commissioner Higgs voted nay.

PUBLIC HEARING, RE: ORDINANCE CREATING SPECIAL WATER AND SEWER
DISTRICT WITHIN UNINCORPORATED AREA OF BREVARD COUNTY

Chairperson Colon called for the public hearing to consider an ordinance creating special water and sewer district within unincorporated area of Brevard County.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to continue the public hearing to consider an ordinance creating special water and sewer district within unincorporated area of Brevard County to March 4, 2003. Motion carried and ordered unanimously.

Commissioner Scarborough stated Volusia County is in the process of doing some similar things; and inquired if staff is in contact with the adjoining counties. Assistant County Manager
Stephen Peffer stated he will check. Commissioner Scarborough other counties are doing the same thing; and rather than looking at things in isolation, it is beneficial to see what is happening elsewhere.

Commissioner Higgs stated she and Water Resources Director Dick Martens have attended a number of the regional summits and are somewhat familiar with what’s going on; but she is not sure beyond the Volusia Water Alliance what mechanisms there are. Commissioner Scarborough stated he was referring to the Volusia Water Alliance; with Commissioner Higgs advising she is familiar with it. Commissioner Scarborough stated when he talked to someone in Volusia County, it was about objection to the Miami Corporation; and they talked about need for these entities. He stated he wants to be sure that staff taps into the thought processes of all the adjoining counties. Commissioner Higgs stated the conversations will continue throughout the region on the issue; and she will continue to attend the meetings as they come up.

LEGISLATIVE INTENT, RE: COASTAL SETBACK AND CONTROL LINES ORDINANCE
DECLARING EMERGENCY AND APPROVAL OF SANDBAG SYSTEM

Clay Schuett, representing his parents, stated he has seen the regulations, and wants to be sure he understands them as far as sandbag systems. He stated according to the proposed amendments under Section 62-4213(b), to get sandbags, one would have to notice a public hearing, come in front of the Board with a coastal engineer to say the structure is vulnerable, meaning to prove imminent collapse; and if that happens, the Board would direct staff to issue a letter of consistency to DEP. He requested someone explain what a letter of consistency is. Natural Resources Management Director Conrad White advised the State, when it is considering issuing permits for armoring of the shoreline, looks to the local governments to insure that this will be in accordance with the local rules and the Comprehensive Plan. Mr. Schuett stated Section 62-4213(b)(4) deals with the adverse impact on the turtles; and it is his understanding the main responsibility of homeowners, if they are granted this, is to keep the sand above a certain line. Mr. White stated the intent of number (4) is to insure that there is sand covering the geo-tubes; but the actual details of how much sand will be left to the State and federal agencies that the homeowners would have to deal with.

Hank Wilhide expressed appreciation to the Board and staff for the research that has been done; and stated this has been a battle of gathering information and trying to determine a path, not just for his clients, but for other clients to follow for protecting their homes along the beaches. He stated a good way for the County to find out what impacts the systems, the sandbags, and vertical walls have on the nesting turtles is to pull all permits in Brevard County; Tallahassee would be glad to issue the permits for sandbags and vertical walls; and the Turtle Preservation Society documents the nests daily at each address during turtle season. He suggested instead of getting a professional to say this or that, the Board get the hard numbers to see how the nests have increased or decreased at the particular addresses that have been shored up either with sandbags or a hardening system. He stated the Board may find the sandbags have enhanced the nesting of the sea turtles; and in other areas where they have put rigid walls in, the Board may find the turtles have laid more nests there also. He stated if the Board compares the hard numbers that are documented, it would give the impact on these properties.

Chairperson Colon inquired if Mr. Wilhide is in support of the ordinance the way it is written now; with Mr. Wilhide responding yes. Mr. Wilhide stated for the most part it gives the clients some options; he has been in this business for over 20 years; sandbags are a good option if put in properly and the dunes are revegetated; but there are some homes that it is not a suitable solution due to cracks in the foundation, etc. He advised of installation of a vertical wall in Satellite Beach; stated the State required them to move the vertical wall 50 feet from the dune line, which made it within 15 feet of the building, a 24-unit condominium; so they have lost not only what the storm took away, but the State made them go back further and put the wall just around the foundation of the structure. He stated that would reduce the impact on the turtles because they have to put sand and revegetate in front of the wall, so it opens a new area of nesting for the turtles.

Commissioner Pritchard inquired if Mr. Wilhide is aware of any study being done to come up with the result that he asked for. Mr. Wilhide responded yes; he did Spanish Main Condominium in 1988 or 1989; for the first few years he was hired to come back when the bags were exposed, and he renourished the dune; but he has not been back to the property in approximately seven or eight years. He stated the sea oats have grown very well; approximately five feet of elevation of sand has naturally built; and they have documented pictures, etc. of the turtles laying the eggs and the hatching. He stated there are other jobs by other contractors who are no longer in business further south; and advised they have done them all over the coast. Commissioner Pritchard inquired if Mr. Wilhide has noticed the same type of response in all the areas that had beach renourishment. Mr. Wilhide stated he is not the person who watched those nests; and that is why he suggested going to the professionals, which would be the monitoring group that monitors the turtles and their nests. He stated they have the hard-line numbers; and that is where the Board should get the numbers. He stated he has been told the nesting has been enhanced.

Bob Schuett declined to speak.

Ruth Fazio stated the other owner of the property, Dr. Walker, left at the beginning of May to go back to Ft. Lauderdale; that was two weeks before her ninetieth birthday; and the stress of living in this property was too great. She stated the pounding of the waves less than fifteen feet from her bedroom was keeping her awake at night; there are cracks in the walls; her dream of spending the rest of her days on the beach has turned into a nightmare; and she does not think she will come back, which is sad.

Mr. White stated the item before the Board is the amendment that staff has presented for amending the Coastal Construction Ordinance; and definitions have been added for “emergency”, “imminent collapse”, and “vulnerable structure.” He stated the first part of the emergency definition is taken from Florida Statutes; a second sentence was added, which states the purpose of the definition of “vulnerable structure” that is in danger of “imminent collapse” qualifies as an “emergency”; and the vulnerable structure definition essentially states that when a habitable structure is in danger of collapsing, that would fit into the emergency definition. He stated the imminent collapse definition defines how a structure will be looked at in terms of whether it is vulnerable or not; and in this particular case, it would require a coastal engineer to determine if the structure would be in danger of collapse from a 15-year storm. He stated once the Board agrees with the engineering analysis that the structure is in danger, it could issue an emergency permit and direct staff to construct a letter saying protective measures could be put along the shorefront, to include sandbags; and the letter of consistency would include certain conditions that would have to be complied with, that being maintaining the sand over the structure with no impacts to properties on either side. He stated essentially this would get the homeowners into the process of getting a permit from the State as the County does not issue permits for construction on the beachfront. Assistant County Manager Stephen Peffer advised this is the legislative intent phase, so they are looking to the Board for guidance; and if it approves the change, then it will be advertised for public hearing to amend the Ordinance.

Commissioner Higgs stated on the second page, number 4 requires perpetual maintenance of the necessary sand above and seaward; and inquired if an actual measurement could be inserted other than what might be approved by the State in terms of protection to avoid sea turtle impacts; and could that be inserted without having a problem with advertising. County Attorney Scott Knox stated it can be advertised broadly enough to do that. Commissioner Higgs stated she and Mr. Knox discussed inserting some language in the ordinance to insure the County’s ability to enforce it; over the years there have been problems with the enforcement of reasonable Ordinances; and Mr. Knox advised of several items that could be inserted. Mr. Knox stated there may be several alternatives for enforcement; and some that were suggested were posting a bond to cover the cost of replacing sand in the event it was not done, declaring a violation of the terms of the ordinance to be subject to injunctive relief so the property owner could be compelled to do what is required if it was not being done, and in the event the permit is issued, notice could be recorded of the conditions under which the permit was approved so any successors in interest would have notice of the fact that those conditions existed. Commissioner Higgs stated that way someone who bought the property in the future could not say they did not have notice of their responsibility under the ordinance; and when it is appropriate, she would want to move that those be inserted into the draft that will be advertised.

Commissioner Pritchard inquired what happens if there is a hurricane with the term “emergency”; with Mr. White responding in that instance, the State can allow the counties to issue emergency permits for work on the beach; and there is a Statute that allows local governments to do that. Virginia Barker, Environmental Management Supervisor, stated the County does not have a process to implement that, so it would have to develop a permitting procedure, if the Board wanted to go that way. Commissioner Pritchard stated words like emergency and imminent collapse sound like something happening right now; it does not sound like something the Board can think about for a week or six weeks or however long it takes to go through public notice and the permitting process; and it appears the Board is creating a series of hoops to jump through that make it beyond the point of repair by the time all the proper notices are in. He stated when he thinks of emergency and imminent, it means now; it does not mean something the Board can discuss; and by the time the Board gets finished discussing and noticing, there may not be much left to save. He inquired if there is any way to streamline the process. Mr. White responded the State issues permits for construction on the beach; the County does not issue those permits; and the Comprehensive Plan prohibits armoring south of Patrick Air Force Base, so those structures would not be able to armor the shoreline. He stated if the Board wants to deal with this issue, it would probably require a change to the Comprehensive Plan as well as amending the Ordinance to deal with it right away, and still there would be issues connected with the Endangered Species Act as well as the State permits. Commissioner Pritchard stated he understands that, but it does not mean the Board cannot amend the Comprehensive Plan so that it focuses on the impacts to people and insures that their property is not going to become a part of the tide. He stated the Board should find out if the beach restoration projects have adversely affected turtle nesting or improved turtle nesting because of the amount of sand that has been placed in certain areas; based on what Mr. Wilhide said, it sounds as if it is an enhancement; and if it is an enhancement, the Board should look at the impact it is having on people. He stated the loss of property will be a loss to the County’s tax stream and revenue; and commented on the lady who moved back to Ft. Lauderdale. He stated the properties are an investment that people have made; and the Board needs to start considering people impacts when developing regulations.

Commissioner Carlson inquired if the County Attorney looked at this; with Mr. White responding he met with the County Attorney on this. Commissioner Carlson read aloud Section 62-4213; stated it is hard to get ones arms around the language; and inquired if there is any way to separate the language a little to make it clearer. Mr. Knox stated he will look at it. Commissioner Carlson stated it refers to sections d and e, which she assumes are in the paragraph below; with Mr. Knox advising this is the legislative intent and only shows the changes. Ms. Barker advised there are no proposed changes to d and e in the existing Ordinance, so they are not shown.

Mr. Knox stated he wants to address Commissioner Pritchard’s concern about the emergency situation when there are hurricanes; there is a Statute that allows the County Commission to approve temporary hardening structures in those kinds of events; and that allows the homeowners to take whatever measures they need to protect their houses and at the same time apply for a permit in the event there is a storm event or occurrence that causes that kind of problem. He stated the ordinance tries to address situations where that could happen with a 15-year storm that may come, but has not happened yet; so it allows a preemptive permit to get to the State before it becomes a problem.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve the legislative intent to amend the Coastal Setback and Control Line Ordinance; and authorize it to be advertised broadly including the suggestions from the County Attorney and the wording changes suggested by Commissioner Carlson. Motion carried and ordered; Commissioners Pritchard and Colon voted nay.

Commissioner Pritchard stated the Board needs to focus on the effect of its regulations on people; determining what is reasonable is really subjective; what some people consider reasonable, others might consider totally irresponsible; and suggested streamlining the process and changing the Comprehensive Plan. He stated there is no reason not to harden south of Patrick Air Force Base; the beaches there are the same as they are north of Patrick Air Force Base; and this is having an effect on people and their property. He stated the Board needs to eliminate the penalties, such as bonds or injunctive relief, and consider the impact it is having on people; it needs to start focusing on the people who are paying to have a qualify of life; it is the people the Board is impacting; and it needs to stop it.

STAFF DIRECTION, RE: COST/BENEFIT ANALYSIS FOR COUNTY LAND PURCHASES

County Manager Tom Jenkins stated this item was brought up at a prior meeting; Mr. Scott has done some research and presented his findings; and inquired if there are any questions.

Commissioner Pritchard stated he spoke with Mr. Scott about this; when he initiated his request on December 3, 2002, it was because he wanted people to realize there is always a cost of doing something or not doing something. He stated it is in the best interest of the public to understand what the potential value of taxable property is; and instead of saying property is taxed at $12,000 a year based upon its current zoning, it could look at what it might become and the worth as that use. He stated Mr. Scott brought to his attention what the cost could be if something became a conserved piece of property and the affect it may have on adjacent properties, if someone built next to a woodland, for instance; and he thought that made sense because they are all costs. He stated there are four options presented; environmentally based opportunity costs might be subjective and difficult to attain, although if there is a way of doing it that can be quantified, he does not have a problem with it; but he does not want something that is just a feel good option. He stated he would be supportive of Option 1 with Fishkind and Associates to calibrate the FIAM model; and requested Mr. Scott explain it. He stated it is a $7,000 study; and it is worth every penny.

Planning and Zoning Director Mel Scott stated the fiscal impact analysis model is gaining a lot of momentum and acceptance at the State level; Governor Bush commissioned it in response to his concept that the Growth Management Act should incorporate to a greater extent the true cost accounting aspects of planning and planning vision; and he has borrowed what represents 70 years of planning theory in coming up with the fiscal analysis model. He stated the model uses per capita average cost methodologies in identifying the costs of providing services to a particular piece of land built in a particular fashion; it also calculates the revenues received; and as that property is developed in a particular fashion, the model is able to look potentially at any land use decision that the Board would consider, such as potential rezoning. He stated it is able to look at whether a Future Land Use Map is allocated in a manner in which it is cost efficient for the local government, with that particular land use scenario, to deliver the types of services that are demanded of it; and encouraged the Board to support the model because it is receiving support at the State level. He stated they will have the benefit of two years of application of the model in various communities in the State.

Commissioner Higgs stated the third option talks about secondary benefits to properties that are proposed for acquisition under the preservation programs; the Fishkind model will simply give costs associated with development; and inquired if that is primarily what the County will get out of it. Mr. Scott responded that is the primary focus. Commissioner Higgs stated it will talk about costs, but not benefits; and suggested including option 3 as well as option 1. Mr. Scott stated there are circumstances where staff will be able to provide the Board with some rudimentary secondary benefit analysis; but that will be on a case-by-case basis. Commissioner Higgs stated there is no environmental economist on staff that could give value to every wetland or whatever, but they can do some secondary benefits; she provided Mr. Scott and the Board with a great deal of information on economics that are going on today at the ecosystem level that give the value of rain forests and wetlands and other key environmental features that are being preserved; and to do option 1 without doing option 3 would be an unfair analysis of the process, so she would support options 1 and 3.

Commissioner Carlson stated the $7,000 purchases the model calibrated for Brevard County, so it can run any sequence of land use or whatever it wants to do with it; when it is calibrated, they put in the assessments and current land use; and inquired if the County has the current data; with Mr. Scott responding yes. Commissioner Carlson stated she supports the first options; it is going to show if growth is going to pay for itself, which is the whole idea from the State level; and it will allow the Board to make better decisions when it comes to development and things of that nature. She stated she supports the $7,000 investment; but some secondary benefit analysis is needed; and the County does not have an environmental economist. She inquired if it would be worth finding someone like that; and would it be worth discussing that with those who have been involved with the model to see if there is anything the County could tap into when it needs that input. She stated she believes staff has the wherewithal to make the subjective comments and the Board take them at face value; but that is not always the way it is scrutinized by the public; and inquired if Mr. Scott can suggest a means to come up with secondary impact. Mr. Scott stated if the majority of the Board wants to pursue bringing that kind of expertise in-house to look at the opportunity costs of not preserving a piece of land, that would be a task separate and distinct from this one; and they would go forward to investigate those possibilities and report to the Board.

Commissioner Pritchard stated the Board asked for those types of studies in the past and nothing has come forward; most of the time all the Board gets is “it would be nice” or “feel good”; and even the staff reports end with the ubiquitous quality of life, which is always subjective. He stated he would be interested in hearing from someone who is qualified as an environmental economist because the Board could use that application in many other endeavors. He stated the information has to be quantified; and it has to have a value model that is applied to it. He stated he does not think the State went for the FIAM model; it went to it because the public demanded that a cost be associated with whatever is being put in; and the public rose to the point where in the last election, one of the amendments required that there be a cost applied to all future constitutional amendments. He commented on the cost of light rail, the State’s budget, the classroom size amendment, and increasing taxes to pay for the amendments. He stated for anyone thinking they are going to get a free ride, that is not going to happen; the Board needs to make sure the public realizes the cost of doing things; and if there is such a thing as an environmental economist, he would like to see the type of program he or she produces to make sure it is quantified, and not just a “feel good” program.

Commissioner Carlson stated the Growth Management Reform Commission brought forth 36 or 38 recommendations; and a couple have come forward, one of which was the true cost accounting issue. She stated the Governor is very interested in getting the true cost of development and understanding why there is a perspective that growth management has failed in the State. She stated she would support getting a report back on what the Board can get from an environmental economist and looking at the materials that Commissioner Higgs provided that show there have already been studies done and seeing who has been doing the studies.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve Option 1, direct staff to contract with Fishkind & Associates to calibrate the FIAM model for use in Brevard County, and Option 3, to estimate secondary benefits to properties that abut proposed land purchases. Motion carried and ordered unanimously.

DISCUSSION, RE: COMMERCIAL PAPER TO ACQUIRE EQUIPMENT FOR ROADWAYS
AND LANDSCAPING DEPARTMENT

County Manager Tom Jenkins stated this is an opportunity that is available for each Commissioner in his or her Road and Bridge District; Commissioner Scarborough is interested in doing this; and staff did not know how the rest of the Commissioners felt about it.

Commissioner Scarborough stated the advantage is the commercial paper is 2% and allows a little more money flow, with minimal cost to acquire equipment over a few years period.

Commissioner Carlson stated she wants to be sure how it will be paid back and that the dollars that were already set aside for the purchase of the equipment are not utilized for something else; and inquired what is the best way to preserve those dollars so they do not end up in the hole. Commissioner Scarborough stated he has not examined the other MSTU budgets; but in examining the budget for District 1, it would allow them to spread out the payments for capital purchases over a few years; the items purchased will far exceed the length of the term for repayment; and the County has a commercial paper rate of approximately 2% today. He stated they would be able to do some other projects with the money and have a more balanced approach to the expenditure funds. He noted while it may work in District 1, it may not work in District 4; and each Commissioner needs to use his or her own discretion with the MSTU funds.

Commissioner Higgs stated at this point, District 3 is in pretty good shape and does not need to avail itself of this opportunity; but she is happy to support a motion that would allow it to be used. Commissioner Carlson stated she would echo that; she does not think District 4 has a problem at this point; and requested District 4 be withdrawn from the list.

Commissioner Pritchard requested staff go through the list for District 2. Public Works Finance Manager Greg Pelham stated scheduled to be purchased this year in District 2 are a tractor for mowing roadways, an 18-cubic yard miniwheel dump truck, and three trucks for the field crews, for a total of $205,000. Commissioner Pritchard inquired if the commercial paper loan is at 2%; with Mr. Pelham responding if District 2 participated, they would acquire $205,000 of commercial paper, and the existing rate is now approximately 2%. Commissioner Pritchard inquired what will happen to the equipment that District 2 currently has that is going to be replaced; with Mr. Pelham responding most of the equipment will be surplused and sold at auction. Mr. Jenkins advised that money would come back to the District. Commissioner Pritchard stated 2% is inexpensive money; if he participates in this, the equipment being replaced goes to surplus and the money comes back to District 2; and inquired what happens if he does not participate, and how much longer life cycle is there with the existing equipment. Mr. Pelham advised there is already money set aside to acquire the pieces of equipment in District 2, so they can still pay for the replacement equipment at this time; and the commercial paper would just allow District 2 to use a different funding source and take the cash that was going to be used for the equipment and apply it to some other area within the District; with Commissioner Pritchard inquiring such as what. Mr. Pelham advised it could be applied toward additional dirt road paving, resurfacing additional miles of roads, replacing additional pipes, and items like that. Commissioner Pritchard stated he has a list of items they could apply the $205,000 toward such as neighborhood concerns about flooding, capping artesian wells, and culverts. Mr. Pelham advised he is not sure about artesian wells as the Ordinance is very specific that the money has to be used for the maintenance of roads and bridges within the District, although District 2 also includes it can be used for dredging. Mr. Jenkins advised this will allow more to be done today than could be done otherwise; but it will impact spending for the next three years while the loan is being paid off. He stated if there are some things that need to be done right now, this will give a means to accomplish that, recognizing it will impact how much there is to spend in the following years. Commissioner Pritchard stated his decision would only impact District 2.

Commissioner Carlson stated money is set aside in District 4; and inquired when does Mr. Pelham foresee purchase of the equipment; with Mr. Pelham responding they have already started the process of ordering the equipment, and the purchase will take place over the next 30 to 90 days. .

Commissioner Scarborough stated the Board needs to know if Commissioners Pritchard and Colon are staying in or if they want out. Commissioner Colon stated District 5 is staying in. Commissioner Pritchard stated he is going to get out because he already has the money available for vehicles; even though 2% is cheap money, he does not want to waste 2% of the money; but he appreciates this option coming forward.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize commercial paper loans to acquire equipment for Districts 1 and 5 Roadways and Landscaping Department MSTU’S. Motion carried and ordered unanimously.

Commissioner Pritchard stated one of the things he noticed when he was Vice-Chair of the Citizens Budget Review Committee was the need for an established vehicle replacement and reserve account where staff would look at the design life cycle of a vehicle, figure how long it will last, and knowing at the end of the cycle that the vehicle will cost “x” amount of money, set aside so much per month for replacement costs. He stated they may have two accounts, one for the vehicle replacement reserve and another for vehicle operation and maintenance; and it is a very good way to track vehicles to know that in a certain year, the County is going to replace “x” number of vehicles and the money will be there. He stated the Board needs to reset the clock; and he hopes as part of this year’s budget cycle, it will review the possibility of creating those accounts so that every one of the County vehicles is programmed out over its life expectancy, and the Board will know in advance when it is going to be able to replace vehicles. He commented on repairing vehicles to get more out of them and having a focus plan on equipment maintenance and equipment replacement.

Commissioner Carlson stated she agrees with doing the reserve account; but the capital improvements program that tracks capital needs over five years is supposed to take that into account, and should be the connection between the budget and the Capital Improvements Program. She stated it is difficult to find how to line those up from year to year; there has been discussion at length for the last few years she has been on the Board; and she would like to get a report on what, if anything, would change in terms of how the Board reads the budget, whether it has a reserve account set aside for replacement of fleet, and how to tie the Capital Improvements Program with the budget. She stated if year number one of the Capital Improvements Program is this year, then it should be in the budget; and if it is not, the Board needs to know why it is not. She stated that is a reserve; and the dollars for capital should be in the budget.

Commissioner Pritchard stated he disagrees because capital improvements should be largely for infrastructure repair as well as other high cost items; and generally vehicles are excluded from that. He stated when one thinks of capital, he thinks of building another facility or a major expenditure that one needs to forecast far in advance; a dollar threshold is set; and what he is talking about is separate and distinct because it is vehicles and the maintenance and replacement cost of the vehicles. He stated capital is one category; vehicle replacement is another; and that should solve the issue about tying the capital and the vehicles replacement plan to the budget.

Commissioner Carlson requested staff bring back a report to help everyone understand better how this is laid out in the budget.

EASEMENT FROM PULTE HOME CORPORATION, RE: CARRIAGE PARK, PHASE III

Commissioner Carlson stated because of policy decisions of the Board, this is something that would not normally come in front of the Board; but even though it is administrative in nature, the Board may want to readdress its policy in terms of looking at easements and such.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to accept an Easement from Pulte Home Corporation for a sanitary sewer located in Carriage Park, Phase III, in Section 11, Township 26S, Range 36E, in District 4.

Commissioner Pritchard stated staff should make these decisions; and he sees no reason why the need to come to the Board.

Commissioner Carlson stated the policy changes were spawned from the landfill issue; and the Board knew when it made them that it might need to tweak them at times. She stated it might be appropriate to go back and reevaluate it and have staff bring back a report to give some of the impacts of bringing all these back and the consequence of having to bring them back in terms of timing.

Chairperson Colon called for a vote on the motion. Motion carried and ordered unanimously.

RESOLUTION, RE: CLAIMS UNDER PERFORMANCE LETTER OF CREDIT FROM
BUILDERS BANK FOR AQUARINA BOULEVARD

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution authorizing staff to take action against the performance Letter of Credit issued by Builders Bank to guarantee performance of construction on Aquarina Boulevard by Indian River No. 1 Developers, LLC. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH CIRCLES OF CARE, INC., AND APPROVAL OF
MATCHING FUNDS, RE: BAKER ACT SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Amendment to Agreement with Circles of Care, Inc. to provide Baker Act services from October 1, 2002 through September 30, 2003 for children and adults; and approve $76,614 local match from the General Fund Contingency. Motion carried and ordered unanimously.

CITIZEN REQUEST, RE: WAIVER OF RESTRICTION ON DOG CHAUNCY

Rosemary Stagg stated six years ago Chauncy was protecting the children and bit a lady; because of the rules and regulations, which are good, there are insurance requirements; and the only company to provide such insurance has a rate that is just under $1,000. She stated a lot of people cannot afford this; and she is here to see if the restrictions can be waived so the dog can go for walks, even if it is with a muzzle. She stated she is a friend; she has had no trouble with the dog; neighbors have written letters saying the dog poses no problem for them; and requested the restrictions be waived for the sake of the dog.

Lena Shuoib stated she is the owner of the dog; it is a loving dog; she cannot afford the insurance; and they have a fence all the way around their house. She stated when people come over the dog does not do anything; but six years ago her daughter was walking her children and the dog snapped. She stated the woman who was bitten went to her insurance company and collected $5,000; and every time she sees the dog barking outside, she calls Animal Control. She stated the dog has arthritis and can barely walk; the kids love her; her husband had heart surgery so they do not have any money to buy insurance; and she does not know what to do.

Craig Engelson, Animal Services and Enforcement Director, stated the dog Chauncy was involved in a bite on February 28, 1997 to a 71-year old female; the dog actually bit the lady twice causing severe injury on the second bite, which occurred on her carport; and she was able to get into the house to escape a possible third injury. He stated at that time there was sufficient cause to declare the dog dangerous; the owners chose to use the hearing council to appeal the declaration of dangerous; but after all the evidence was presented, the hearing council voted to declare the dog dangerous. He stated they had one other opportunity to use the County court system in a de novo hearing to hear the entire case, which could have overturned the dangerous declaration; but they chose not to do that and accepted the declaration of dangerous for Chauncy, and over the past several years, they abided by all the rules. He stated in 1998, after a case in Palm Bay, the Board chose to make the dangerous dog law stronger; State law allows that; and the law was strengthened, adding more restrictions. He stated they increased the fees to $300 registration, added a $100,000 liability insurance, identification tag, and required animals to be sterilized. He advised the restrictions for permanent home confinement are under State Law; it is clear the animal has to stay home; exercise is allowed in a securely fenced yard with no muzzle or leash as long as the owner is present; and the dog can play and have fun as long as the owners are with it. He stated the restrictions in the State law have to stay the same; but if the Board wanted to revisit the additional restrictions, which it added, including the $100,000 liability insurance, it could do so.

Commissioner Pritchard stated this happened in 1997; and inquired if there is a process to reevaluate the dog as to whether it is still dangerous. He stated it sounds as though the dog is quite old and disabled by arthritis. Mr. Engelson responded currently State law does not allow for any kind of reevaluation; once a dog is declared dangerous, it is required to have a permanent identification as a dangerous dog; and currently it is for the life of the dog. Commissioner Pritchard stated he appreciates the emotion shown today; he has walked up to quite a few doors and been taken aback by the presence of a dog, especially when the homeowner says, “Come on in, Killer won’t bite,” so he understands the concern of the community as well as the emotional attachment of the owners. He stated he is surprised there is no reevaluation process; and inquired can the County have a process that circumvents State law, which does not have a process. Mr. Engelson stated they can ask Mr. Knox, but the way he reads the Statute, the County cannot take anything away from the State law, which would be the permanent home confinement, but it can add new restrictions. He stated they can look at the restrictions the Board has added; and they have done that before as far as lowering fees after a certain amount of time and things like that.

Chairperson Colon inquired is the insurance requirement from the State; with Mr. Engelson responding no, it is from the County. Chairperson Colon stated if there is going to be a process, it needs to come back; she would be uncomfortable making a decision today; and if the Board is going to reevaluate the way it does business, it would have to be for everyone. County Manager Tom Jenkins stated what Mr. Engelson is saying it that legally the Board cannot change the current State requirement. County Attorney Scott Knox stated he will take a look at that issue as he is not sure what the answer is.

Commissioner Higgs stated the only issue the Board could entertain at this point is whether or not it wanted to have a report or consider some change on the insurance requirement because that was the County’s; and the only way the Board should even consider that is if it goes back through the process. She stated the Board has an expert committee to look at these issues, if it wants to reconsider anything in terms of amendment to the Ordinance. She stated she is not sitting in judgment on the animal; there are experts who are trained to look at that; and the only thing she would want to consider, if the Board considers anything at all, is the process.

Commissioner Carlson inquired would this go to the Dangerous Dog Committee and what route would it take if the Board decided to reconsider it. Mr. Engelson advised if asked to revisit the Ordinance, they would do an entire review, to include the Dangerous Dog Committee, to look at the restrictions currently in place. Commissioner Carlson stated she mentioned looking potentially at the insurance issue to see if there is a reason why the people could only find one insurance group offering that kind of insurance, and to see what other options are out there; but from her perspective, when the changes were made, they were made for a reason, and the liability requirement was set because of the severity of the issues that occurred in Palm Bay at that time; with Mr. Engelson advising that is correct. Commissioner Carlson stated she does not think the Board should underestimate the potential of a dangerous dog and what that can mean to a community in terms of taking all the precautions necessary; but she does not have any problem getting a report back.

Motion by Commissioner Pritchard, seconded by Commissioner Higgs, to direct staff to look at the insurance issue and see what other options are available regarding a request from Lena Shuoib to waive restrictions on her dog Chauncy, which was declared a dangerous dog over seven years ago and report back to the Board. Motion carried and ordered unanimously.

Chairperson Colon stated nothing has taken place today; the Board is just going to see if it is able to study the process; there are no guarantees; but to be fair to both sides, she would want Animal Services to be in touch with the parties this happened to, so they can provide feedback. Mr. Engelson advised they notified the other party.

APPROVAL, RE: SPACE COAST STADIUM LEASE TRANSFER

County Manager Tom Jenkins stated this is the transfer of the lease for the Space Coast Stadium from the Florida Marlins to Baseball Expos LP; this makes some minor modifications to the agreement for clarification purposes; the exhibit makes the transfer of the lease obligations to Baseball Expos, and they are also purchasing the Manatee Baseball Club as well as the Carl Barger Complex. He noted the Board has no involvement in those two actions, which are separate; but they are also occurring; as a result of this transfer, the Baseball Expos are assuming the financial responsibilities that the Florida Marlins had in terms of leasing and maintaining the stadium; and the County was successful in increasing the number of community days from 30 to 45 for use of the facility. He stated there have been separate discussions with Baseball Expos about conducting a Space Coast tourism campaign in Montreal, which can be broadcast throughout Canada as the games are broadcast.

Commissioner Higgs stated she talked to the County Attorney regarding this; and requested clarification on the entities with which the County has contracts and recourse. She stated the entity with which the Board is contracting is roughly equal to what the Board had in the previous contract; and requested explanation of the limitations in terms of what the Board can do if they do not follow through. County Attorney Scott Knox stated the contract would be with the Limited Partnership; the previous contract was with a limited partnership, which was the Marlins; that was assigned to a limited liability corporation, which was a series of limited liability corporations that managed each one above it in a tier arrangement until one got down to the bottom line; and the way this is structured, there is very limited liability, which is the point of the whole thing. He stated one cannot get through this particular entity to get to the assets owned by any members of the corporation, holders of interest in the corporation, or anything like that; so basically the Board is going on faith. He stated he asked Risk Management Director Jerry Visco to look at the possibility of obtaining some insurance to make sure that if something went bad and the County ended up having to pick up the $150,000 tab that goes along with the stadium every year for maintenance costs, that the insurance company would be able to cover it; but he does not know if Mr. Visco has come back on that. Mr. Jenkins stated Mr. Knox was looking at that from the perspective the County would purchase it, if it were seeking protection; the debt service is paid off through the fourth cent tourist tax; so the bigger exposure is maintenance and operations expenses; and they are still investigating whether they can find insurance coverage. Commissioner Higgs stated she does not think this contract is different in the lack of protection for the maintenance costs; but it is important that it is on the table as the Board is unprotected in regard to the maintenance costs. Mr. Knox stated it has been a good faith deal; and thus far it has not been a problem.

Commissioner Pritchard inquired what has not been a problem; with Mr. Knox responding there has never been a breach of the contract that required the County to step in and pay the bills associated with the Stadium. Commissioner Pritchard inquired if it has not been a problem because the County paid the bills; with Mr. Knox responding no, the operations are paid by the Marlins or their successors. Commissioner Pritchard inquired if the Marlins are paid up to date; with Mr. Knox responding as far as he knows, they are. Mr. Jenkins advised they have been operating and maintaining the Stadium. Commissioner Pritchard inquired if the Board approves the contract with the Expos, will it have a liability exposure for maintenance. Mr. Knox stated if there were a breach of the contract and the Expos were to move away and never come back again, somebody would have to maintain the Stadium, and it would fall to the County to do that, which is a significant cost every year. Mr. Jenkins advised it was the same case with the Marlins. Commissioner Pritchard inquired if the baseball clubs will not agree to that; with Mr. Knox responding the County put forward the idea of having a guarantee either from Major League Baseball or some of the club owners, and to say it was met with lukewarm response would be elevating it too high. Mr. Jenkins stated he does not have it in writing, but there is a commitment from the Commissioner’s office to work with Brevard County; if for any reason the Expos were no longer training here, the Commissioner’s office is committed to assisting the County in finding a replacement team to come to the County; so that is some level of commitment on their part; but that it is a good faith commitment rather than a legal commitment. Commissioner Pritchard inquired if this is typical of other leases with other municipalities and counties and other ball clubs; with Mr. Knox responding the lease the County had with the Marlins was better than most leases because the club actually assumed the cost of maintenance, which could be up to $1 million in some places. Commissioner Pritchard inquired if it is the same with the Expos; with Mr. Jenkins responding yes. Mr. Jenkins advised in the 1990’s when the Board was investigating the issue, it concluded it did not want to pay the cost of maintaining the Stadium; so the original lease with the Marlins was written that way; and Baseball Expos is agreeing to continue the arrangement where the club incurs the risk of maintaining it and has the potential of making a profit, although no stadium in Florida is making a profit. Commissioner Pritchard stated he wants to make sure no one is changing the words from “Take Me Out to the Ballgame” to “Take Me by the Ballgame.“

Commissioner Carlson inquired if tiering of liability protects the primary principals if they renege on an agreement like this, given that maintenance and operations are close to $1 million a year. Mr. Knox responded the County would have a difficult time finding anyone below the level of the Expos who would be responsible unless they somehow interjected themselves into the operation. Commissioner Carlson inquired if that protects them from legal recourse; with Mr. Knox responding affirmatively. Commissioner Carlson noted a million dollars out of the budget is quite large; she knows they have not reneged up to date, but it is still a consideration; and getting a letter from the Commissioner would be helpful, although it is not a guarantee. Mr. Jenkins stated there is a guarantee they will use the Stadium; financial teeth that come after that is the issue; the County pays the debt service from the tourist tax, and that does not go away; and the one potential exposure is the same as in 1997, which is if they were to leave the facility, the County would have to maintain it; but in that case the County would have exclusive use of the facility for recreational or other purposes. He stated the other option is to secure another team and have them come and assume it.

Motion by Commissioner Pritchard, to authorize execution of an Amendment of Agreement with FMBCII LLC and Baseball Expos LP for operation and maintenance of Space Coast Stadium with 45 days of community use.

Commissioner Scarborough stated he does not think the Board has much of a choice; Major League teams violate local community sovereignties and rights; Mr. Knox has indicated this is better than most; and while this is nothing to be happy about, it is life.

Commissioner Higgs stated she agrees; the deal with the Expos is almost the same as the one the County had with the Marlins; and they hope the Expos will come, play well, and everyone will have a good time; but in terms of legal recourse, the County is limited in its protection.

Commissioner Higgs seconded the motion. Chairperson Colon called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Pritchard stated the first team workout is February 20, 2003; the home opener against the Astros is February 28, 2003; and tickets are available. He encouraged everyone to come to support the County’s newest team.

CITIZEN REQUEST, RE: CONFLICT BETWEEN BREVARD COUNTY CODE AND BINDING
DEVELOPMENT PLAN ON BURGESS AVENUE

Commissioner Scarborough stated homeowners and staff came by his office for a meeting; it was pointed out that there was a rezoning with a Binding Development Plan, under which the developer is required to limit development on the western two-thirds of the parcels to a stormwater retention pond; but as this has progressed, the materials from the stormwater retention pond would have been removed from the pond and moved out on the streets, which is contrary to some Ordinances. He stated the Binding Development Plan is frustrated by the Ordinances, but it is more than that; requested Mr. White comment; and inquired if Ron Jones was unable to be present. Natural Resources Management Director Conrad White stated Mr. Jones is not available but John Denninghoff and Billy Osborne are. Commissioner Scarborough stated Mr. Denninghoff was not at the meeting; but he learned yesterday that the stormwater retention pond in this area would encompass an area far exceeding the requirements for a stormwater retention pond for that particular site. Transportation Engineering Director John Denninghoff stated he is not familiar with the site; he was prepared to talk about the roadways; but ordinarily most borrow pit projects have a larger retention than is needed. Commissioner Scarborough stated this was not a borrow pit; it was a residential construction; and next to it, the Board had the limitation on two-thirds of the parcel for stormwater retention. He commented on the size of the stormwater retention project; and stated where he was led yesterday was beyond the initial discussion between the conflict of the Binding Development Plan and the County Ordinances to a discussion of what was meant in the Binding Development Plan when the words “stormwater retention pond” are used. Mr. White stated he spoke with Mr. Jones about the site; the design of the pond that was presented was well beyond what would have been required; the pond showed a depth of twelve feet in an area that has high percolation sands; and the sites that Mr. McCoig were working on was three parcels that trailers were going to be put on so the requirement for stormwater retention would probably be minimal. Commissioner Scarborough stated he thought there was a conflict because it was in the Ordinance and the Binding Development Plan; at staff level and in his office, they could not resolve the conflict; but it may go back to the definition of what a stormwater retention pond is; and requested staff to come back with an additional report, which may not need to come back on the Agenda if the request is for something beyond stormwater retention pond as required. He inquired how could the Board deal with some of the issues such as transporting over roads. Mr. Denninghoff responded ordinarily stormwater retention facilities for a site vary in terms of size; some have been as low as 10%, but typically they are around 15 to 20% of the site; and it is site specific, and he is not familiar with the particular site, but 25% would be unusually large. Mr. White stated one thing that was discussed was the issue of land alteration and the use of a local road to haul materials away from this site; and the Land Alteration Ordinance prohibits the use of a local road for this type of activity. Commissioner Scarborough stated that is beginning to talk about borrow pits as opposed to stormwater; the Board restricted use of the land, and said that the only thing that could be in the two-thirds of the parcel was water retention; but it did not say the applicant would put in a water retention pond to cover two-thirds of the parcel.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct staff to prepare a report regarding the conflict between the Brevard County Code and Binding Development Plan on property located on Burgess Avenue regarding a stormwater retention facility. Motion carried and ordered unanimously.

APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN WATER RESOURCES
DEPARTMENT AND NATURAL RESOURCES MANAGEMENT OFFICE, RE: CREATION
OF WETLANDS MONITORING PROGRAM

Commissioner Pritchard requested staff explain what the monitoring program is, why Water Resources Department was charged with the responsibility, and why it wants to move it to Natural Resources Management. Water Resources Director Dick Martens stated in 1990 the County constructed a 200-acre artificial wetland at the South-Central Regional Wastewater Treatment Plant site in the Viera-Suntree area; as part of the environmental protection permit for the site, the County was required to plant and maintain the plant community in the wetlands in a natural state, much like would be found in the St. Johns basin; there was also a mitigation area on the site that was associated with an environmental resource permit; and there were certain monitoring requirements associated with that. He stated in order to meet the monitoring requirements of the natural state of the wetlands and report on the environmental resource permit compliance, they need qualified personnel to inspect the site on a regular basis and provide reports as to the type of plant communities there and how they are surviving; the primary concern in creating wetlands is the incursion of invasive species, especially cattails; and over the several years the County has been operating the site, there has been a significant struggle with cattails. He stated they have an invasive species contractor who is tasked with maintaining control of the cattails without damaging the native plants; until recently this was performed by the design consultant who originally designed the wetlands; but they have come to the end of the term of the Task Order. He stated the consultant submitted a renewal Task Order to continue for another three-year period; but they realized that the Natural Resources Management Office had people with this expertise in terms of identifying native communities and plants and dealing with invasive species control procedures; and they felt there was an opportunity to keep money in-house. He stated Water Resources has identified and budgeted this as an expense; but there are significant benefits to keeping this in-house as opposed to contracting out, including closeness of communications and responsiveness. He stated several other County Departments have tracts of natural land to manage; and this could give the County and staff a first experience at developing administrative history and knowledge necessary to do a natural lands management program. Commissioner Pritchard inquired how much was the design and consulting firm charging for this; with Mr. Martens responding their charges are the same as was included in the Memorandum of Understanding, which is $133,710 over a three-year period. Commissioner Pritchard inquired if there are people currently in Natural Resources Management that are expert in this and could handle it; with Mr. Martens responding that is his understanding. Commissioner Pritchard inquired why is a temporary employee being hired; with Natural Resources Management Director Conrad White responding they would hire a temporary employee to do the actual field work; and Natural Resources Management staff would serve as the manager of the program and have the expertise in terms of oversight. Commissioner Pritchard inquired if it would be a full-time employee; with Mr. White responding temporary full-time. Commissioner Pritchard requested a breakdown between capital investment and personnel cost; with Mr. White responding personnel costs begin at $38,000 for the first and second year, and go up to $40,000 on the third year, and the office equipment and associated equipment such as binoculars and safety equipment is $2,580. Commissioner Pritchard inquired about the monitoring equipment; with Mr. White responding it includes binoculars, safety equipment, GPS unit for accurately identifying where the animals are, and a spotting scope to identify species at some distance. Commissioner Pritchard inquired if the Department has some of this equipment currently; with Mr. White responding they have binoculars and a GPS unit that is currently used by other staff. Commissioner Pritchard stated he does not think it is a program that needs to be handled with an expenditure of $133,710; there is staff in-house that is capable of doing this and they already have the equipment; and bringing in another employee with a desk and other associated equipment is not necessary to the monitoring and reporting function as available staff should be able to handle it.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize a Memorandum of Understanding between the Water Resources Department and the Natural Resources Management Office to conduct a monitoring program for created wetlands at the South Central Regional Wastewater Treatment Plant; and amend the Natural Resources Management Office budget to reflect additional revenues necessary to conduct the monitoring. Motion carried and ordered; Commissioners Pritchard and Colon voted nay.

PUBLIC COMMENT, RE: TAX ABATEMENTS AND PROPERTY APPRAISER

Bea Polk stated there are many tax abatements; and inquired how many have not performed up to their Contract; with County Manager Tom Jenkins responding Greg Lugar monitors those closely and brings them to the Board periodically to revoke those that do not comply.

Commissioner Scarborough stated at the last meeting he asked that a report be prepared; and inquired if Mr. Lugar doing that; with Mr. Jenkins responding affirmatively.

Ms. Polk commented on a business in Titusville that is gone; and inquired if anyone checked to see if equipment is still there. She stated this is taxpayer money, but no one really checks things out; and inquired has the County collected any money, or taken any equipment, or put any liens against the properties.

Chairperson Colon inquired if that is Ms. Polk’s only question; with Ms. Polk inquiring if the Property Appraiser has accepted the request to be present at a meeting, and has it been advertised.

Mr. Jenkins stated Ms. Polk is asserting that companies have not been paying their taxes; that is a matter that is handled by the Tax Collector; the County does not collect property taxes; and Ms. Polk or he could inquire with the Tax Collector as to whatever specific property Ms. Polk is referring to. He stated the property he is aware of did not continue with its application for tax abatement; at the last meeting the Board requested a report on the enforcement aspects of the abatement program; and Mr. Lugar is doing the report. He noted Mr. Lugar was sick for a week, but the report should be coming to the Board soon.

Commissioner Carlson stated her question involved when abatement is reneged on whether there is a follow-through with a collection of dollars; and inquired if the County ever looked at collecting intangible property or anything like that. She inquired how does the County get the taxpayers’ dollars back when companies do not qualify any longer. Mr. Jenkins stated that same question was asked at the last meeting, and that is what Mr. Lugar is reporting on.

Chairperson Colon inquired about the Property Appraiser; with Mr. Jenkins responding he has written a request to the Property Appraiser, but as yet, he has not received a response.

WARRANT LISTS

Upon motion and vote, the meeting was adjourned at 12:01 p.m.

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JACKIE COLON, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
ATTEST: BREVARD COUNTY, FLORIDA

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SCOTT ELLIS, CLERK

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