July 13, 2004

The Board of County Commissioners of Brevard County, Florida, met in regular session on July 13, 2004, at 9:02 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chair Nancy Higgs, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Truman Scarborough.

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

APPROVAL OF MINUTES

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve the Minutes of the March 16, April 20, and April 24, 2004 Regular Meetings; the April 15 and May 20, 2004 Zoning Meetings; and the March 11, March 18, and April 8, 2004 Special/Workshop Meetings. Motion carried and ordered unanimously.

County Manager Tom Jenkins commended the Clerk to the Board and her staff for the completion of the minutes. The Board gave the Clerk a round of applause.

CONTINUATION OF PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE
NO. 95-54, AMBULANCE AND EMERGENCY MEDICAL SERVICES

County Manager Tom Jenkins advised the Board was previously notified that Item IV.K, Ordinance Amending Ordinance No. 95-54, Ambulance and Emergency Medical Services, was continued to this meeting; and requested it be continued to the July 20, 2004 meeting.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to continue the public hearing to consider an ordinance amending Ordinance No. 95-54, Ambulance and Emergency Medical Services to the July 20, 2004 Board of County Commissioners meeting. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: AGENDA SPECIALIST SALLY LEWIS

County Manager Tom Jenkins advised this is the last meeting for Agenda Specialist Sally Lewis; and expressed appreciation to Ms. Lewis. He stated Ms. Lewis has accepted another position in County government. The Board gave Ms. Lewis a round of applause.

Commissioner Pritchard stated Mr. Jenkins asked him if he was ever going to stop stealing his people; and he said no, not as long as he needs someone who is qualified, and Ms. Lewis fits that, so he is looking forward to having her as part of his team.

Chair Higgs stated the Board is looking forward to Ms. Lewis’ continued service to the citizens of the County.

AUTHORIZATION TO PAY DUES, RE: EAST CENTRAL FLORIDA REGIONAL PLANNING
COUNCIL

Commissioner Scarborough stated he went to a MyRegion meeting last Friday and learned that members of the Planning Council, in conjunction with the second phase of MyRegion, are undertaking the task of mapping the region, which is a massive undertaking involving 90 different jurisdictions. He stated Linda Chapin, who was Chair in Orange County and is now working at the University, has been able to procure the services of the University of Pennsylvania’s Planning Department to look at the region; it is the first time they have undertaken it within the continental United States, although they have done it in Brazil and Spain; and having a product from the Planning Council is critical in making it work for the University of Pennsylvania. He stated he can make a motion today or agenda it, but the Board should at this time recognize that the Planning Council has decided to play the role it appropriately should as a regional planning council; and thanked Commissioner Pritchard and Commissioner Colon, who are the Board’s members on the East Central Florida Regional Planning Council, for their input in making some things happen. He commented on others throughout the region who have worked to make some transitions; and stated they would have lost everything if the Planning Council had not at this moment played a role.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize payment of the dues owed to the East Central Florida Regional Planning Council and wish it well in its new undertaking. Motion carried and ordered unanimously.

REPORT, RE: GRISSOM ROAD DEVELOPMENT

Commissioner Scarborough stated before he came on the Commission, there was a decision to build Grissom Road to preclude the possibility of six-laning US 1 in that area between Cocoa and Titusville; at the time it was undertaken, the benefits were recognized; and they have taken action to limit curb cuts south of Port St. John with a Small Area Plan. He stated they had input from the Space Center; there are concerns about what may occur in the development of that area; and that concern led to an FDOT study of the area. He stated certain things are occurring in the area, which has been annexed by the City of Titusville; and the magnitude is major. He advised if the commercial development remains less than 400 square feet, it does not hit a DRI threshold; but if it goes over, it is actually a DRI although it is not being addressed as a DRI. He stated there has been minimal recognition of the significance of this by the City of Titusville and the manner in which it originally understood the idea of letting Grand Central subdivide and have multiple curb cuts. Commissioner Scarborough stated at the moment there are 22 curb cuts proposed; County staff has worked diligently on reducing the number; and he would like to see a report come forward because the impact on transportation dollars could be major.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct staff to prepare a report on development in the area of Grissom Road, which has been annexed by the City of Titusville. Motion carried and ordered unanimously.

REPORT, RE: SAMPLE OF THE ARTS

Commissioner Carlson stated Sample of the Arts is the Brevard Cultural Alliance’s program that allows the public to get a taste of the cultural amenities and programs in the community; and Jerry Brees from the Henegar Center for the Arts is present to give a short update on improvements at the Center.

Jerry Brees, Executive Director of the Henegar Center for the Arts, thanked the Board for its continued support of the Community Cultural Grants Program; stated the Henegar Center is in historic downtown Melbourne; and they provide community cultural programs and quality entertainment as well as providing a home for several not-for-profit arts groups. He stated they also open the facility to the community for dance recitals, religious programs, civic programs, and community events; and they work with the Downtown Redevelopment Committee and the Melbourne Main Street Program, for the redevelopment of the historic district of downtown Melbourne. He stated they also have educational programs for children, seniors, teenagers, and adults in the arts and performance opportunities as well as intern programs with BCC and FMU. He advised as well as doing programs themselves, they have national touring companies that come and do several things throughout the year. He stated the most exciting thing they are doing now is the restoration of the 1926 Melbourne High School building; they have completed the exterior renovation in the last four years; this year they have almost finished with the restoration of the interior of the first floor; and they are working on a capital campaign to get the second and third floors done so they can make another community cultural center to have a complex in historic downtown Melbourne. He stated they have a table in the foyer with more information about what they are doing at the Henegar Center.

DISCUSSION, RE: SPACE COAST RUNNERS CHALLENGE

Commissioner Carlson stated Marty Winkel from Space Coast Runners came before the Board at the last meeting; and the Board agreed to allow him to use the seal for the run that is going to be occurring. She stated it is a 5K run or a two-mile walk; all the Commissioners agreed they might wish to participate; but she is the only Commissioner who has signed up. She advised it is on October 9 at Coconuts on Cocoa Beach.

DISCUSSION, RE: FDOT APPEAL TO NOTICE OF PROPOSED CHANGE #14 TO VIERA
DEVELOPMENT ORDER

Commissioner Carlson stated Bob Kamm brought to her attention that Florida Department of Transportation (FDOT) has threatened to appeal the Notice of Proposed Change (NOPC) #14 to the Department of Community Affairs (DCA); and a resolution is needed today.

Transportation Planning Director Bob Kamm stated he learned yesterday that the Florida Department of Transportation has serious concerns about the amended Viera Development Order the Board adopted in May; he was informed that FDOT did not see the draft amendments prior to the Board’s adoption; ordinarily the Regional Planning Council coordinates the review of the Development Order and gets all parties involved; but for some reason the Planning Council did not transmit the draft Development Order to FDOT. He stated FDOT is concerned with one of the transportation provisions; and ordinarily this would have been discussed as part of the consideration of the draft amendment, but that did not happen. He stated FDOT believes the amended Development Order language potentially excludes it from determination of how Viera’s fair share transportation mitigation payments would be spent; this is critical to FDOT’s mission to maintain the State Highway System; and it believes it should have standing in the determination of how $2.5 million of mitigation for adverse impacts from the DRI to the State Highway System is spent. He stated the language as adopted by the Board is ambiguous; FDOT is intent on clarifying the adopted language to insure it is properly included; and ordinarily this would have been worked out prior to the Board adopting the DO in May, but since that did not happy; FDOT is faced with commenting on the adopted Development Order. He advised in the Statute, there is a 45-day deadline for the review of the adopted DO; that deadline expires on Monday; and that is why he is present today. He stated if FDOT’s concerns are not addressed, it is prepared to request that DCA appeal the entire Development Order to the Cabinet, which would then start legal action against the County. He stated the deadline cannot be extended by DCA because it is in the Statute; however, there is another avenue that DCA senior staff advised the County could pursue to avoid an appeal. He stated staff is asking the Board to find that Condition 40(c) in the amended Development Order warrants further consideration prior to final State review, and request the Department of Community Affairs return the DO to the County and terminate the review period. He stated after the County has reconsidered and potentially adopted revisions, it would resubmit the DO and amendments to DCA for review; and the effect of the DO would be suspended during the reconsideration period and a new 45-day review period would begin following resubmission. He stated if the Board agrees with the action, staff will solicit a letter of consent from The Viera Company, which has been advised of the situation that is developing.

Commissioner Carlson inquired if the request is going to be in the form of a letter; with Mr. Kamm responding yes, if the Board is interested in avoiding an appeal, it should submit a letter to DCA stating what he just read.

Commissioner Scarborough inquired if that is Commissioner Carlson’s and Mr. Kamm’s recommendation; with Commissioner Carlson responding yes.

Chair Higgs stated usually the Planning staff handles this; and inquired if this is in line with what the Planning staff recommends. Assistant County Manager Peggy Busacca stated the procedure is fine with the Planning staff; and Mr. Kamm is more familiar with the technical issue, so they have no problem with that. Mr. Kamm advised Mr. Swanke, who normally handles DRI’s, was involved with the LPA yesterday, so he covered the conference call yesterday afternoon when this came up, which is why he is present today. Commissioner Carlson inquired if this is coming back to the Board for additional review; with Mr. Kamm responding the substance of the concern will be discussed later; and he is just requesting permission to go through the technical steps to stop the clock.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to authorize the Chair to send a letter to Department of Community Affairs advising the Board finds Condition 40(c) in the amended Viera Development Order warrants further consideration prior to final State review, and requesting DCA return the Development Order to the County and terminate the review period. Motion carried and ordered unanimously.

ITEM REMOVED FROM CONSENT AGENDA FOR DISCUSSION

Commissioner Carlson requested Item III.A.8, Amendment to Binding Development Agreement with Cousins Development, Re: The Avenue, be pulled for discussion. Chair Higgs advised it will be discussed at the end of the meeting.

ANNOUNCEMENT, RE: GROUNDBREAKING AT MITCHELL ELLINGTON PARK

Commissioner Pritchard stated at 10:00 a.m. on July 24, 2004, there is going to be a groundbreaking at Mitchell Ellington Park on North Merritt Island; and the neighborhoods as well as the various sports agencies and committees have been looking forward to this.

REPORT, RE: RESORT TRANSIENT RENTALS

Commissioner Pritchard stated he distributed copies of a letter he received concerning complaints from residential property owners regarding resort transient rentals. He stated it is a problem in District 2 and elsewhere in the County; people are renting out their homes by the day, week, weekend, etc.; and it is creating quite a problem in neighborhoods. He stated there is no way to determine how many residences are rented as a resort dwelling in unincorporated Brevard County; the Code does not address length of stay for single-family residences even though many homeowners associations do; and those that do not have a homeowners association are faced with significant problems. He stated Code Enforcement cannot cite a property owner because there is no reference to resort dwellings in the Zoning Code; and requested staff return with a report for possible Zoning Code amendment to include a definition of resort transient dwelling within the next six months or sooner.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to direct staff to return with a report within the next six months for possible Zoning Code amendment to include resort transient dwellings as a definition in the Zoning Code. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING MEL SCOTT

Commissioner Pritchard stated Planning and Zoning Director Mel Scott is leaving; and he is going to miss him and the direction, eloquence, and humor he brings to the briefings. He stated his briefing on Monday was good but it missed Mr. Scott’s humor; so Mr. Scott may have to appoint someone to take his place as cheerleader. Mr. Scott advised he could email quips and quotes. Commissioner Pritchard stated one of the things Mr. Scott worked on was the Fireworks Ordinance; it had an impact; in his neighborhood there was less debris falling on the streets; and he wanted to thank Mr. Scott and present a small token of his esteem in the form of a bag of spent fireworks he found in his neighborhood. Commissioner Carlson inquired if it is less than last year; with Commissioner Pritchard responding it is approximately a third of what he had last year.

Commissioner Carlson stated everyone has the same sentiments about briefings; her briefings are on Fridays and are always one joke after another, but they do get through the Agenda; and it has been a pleasure working with Mr. Scott.

Commissioner Carlson read aloud a resolution extending appreciation to Planning and Zoning Director Mel Scott for his dedication and service to the citizens of Brevard County.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt a Resolution commending and extending appreciation to Planning and Zoning Director Mel Scott for his service to the citizens of Brevard County. Motion carried and ordered unanimously.

Commissioner Carlson commented on Mr. Scott’s metabolism, need to find food to tide him over to the next meal, and his respiratory problems; and stated they keep two emergency kits in her conference room in case Mr. Scott has a snack or sneeze attack. She stated she does not anticipate that these conditions will go away when Mr. Scott gets to his next endeavor; and presented Mr. Scott with emergency packs containing candy and tissues. County Manager Tom Jenkins presented the Resolution to Mr. Scott.

Commissioner Colon expressed appreciation to Mr. Scott, on behalf of District 5, for his support and professional, kind, and warm manner. She stated when her bosses were upset, she was able to call on Mr. Scott to be able to explain things in a more gentle way; and Mr. Scott’s shoes will not be able to be filled, although she is sure the County will bring in someone who will be professional and able to do the job. She stated when she first heard the news that Mr. Scott was leaving, she thought it was a bad joke; she is going to miss him; but he has promised to email pictures of his children to her so she can watch them grow. She expressed good wishes to Mr. Scott and his family.

Commissioner Scarborough stated if he was to name an employee that other employees should be like, it would be Mr. Scott; he does not have an easy job as there is controversy and different viewpoints; but he comes in with a positive attitude and leaves people with a positive sense. He stated these are difficult times; and Mr. Scott has set an example for all.

Planning and Zoning Director Mel Scott stated it is a unique day; 13 years ago he left school knowing public service was his calling; and now he is excited about the challenges that lay before him on the other side of the counter. He stated when one chooses public service, he or she assumes a unique burden; and expressed gratitude to those people with whom he has worked shoulder-to-shoulder all these years. He stated local government is the community; there is no agenda from Tallahassee or Washington; there are only a bunch of great folks working hard to get a job done and support their families with the unique burden that comes with public service. He extended thanks to the people he has worked with; and stated they are a special bunch and he will miss them. He thanked Mr. Jenkins for his leadership through the years; and stated Ms. Busacca is one of the most special people he has ever known. He thanked the Board for the time he had with the County; stated he hopes he did well for the County; he will continue to do so on the other side of the counter; and he will treat his former counterparts with the grace and dignity they deserve.

Chair Higgs stated the Board appreciates everything Mr. Scott has done.

RESOLUTION, RE: PROCLAIMING RECREATION AND PARKS MONTH

Chair Higgs stated there are a number of young people present today; and requested they step forward to the podium.

Commissioner Colon stated she has two children; and she speaks the young people’s language. She stated the citizens have shown that when it comes to parks and the children, there is no controversy; and Parks and Recreation plays a critical part. Commissioner Colon read aloud a resolution proclaiming July 2004 as Recreation and Parks Month.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt a Resolution proclaiming July 2004 as Recreation and Parks Month in Brevard County. Motion carried and ordered unanimously.

Parks and Recreation Director Charles Nelson introduced Karen Palus, South Area Parks and Recreation Manager and current President of the Florida Recreation and Parks Association; and stated they are proud of Ms. Palus and her dual roles this year. Karen Palus stated with her this morning are a few of the summer camp students from Suntree Elementary who were offered the opportunity to come and learn about County government and to be on television; and advised a couple of them asked, “Where’s Judge Judy?” Chair Higgs joked Judge Judy is coming later.

Ms. Palus introduced four teen volunteers who assist with the program; stated they get work experience; and typically they transition into the summer program staff, continuing to work with the young people.

Commissioner Colon presented the Resolution to the group. Ms. Palus thanked the Board for its continued support. The group declared, “It starts in parks.”

REPORT, RE: PATRICK AIR FORCE BASE CLOSING

Commissioner Colon stated in June they were concerned about the potential closing of Patrick Air Force Base; a delegation went to Washington, D.C; she was not sure that was going to make an impact; but she and Commissioner Pritchard came back with a sense of accomplishment. She stated they were able to meet with people from the Pentagon and NASA as well as their U.S. Senator, Congressman, and others. She stated a lot of communities are on the hit list; but they are not doing the things Brevard County is doing, so the County is ahead of the game. She stated they also met with the County’s lobbyist who made sure they were kept abreast of what is going on; and it was worthwhile to go to Washington, D.C. She stated the group included Mayors from the municipalities, representatives of the Chambers of Commerce, and businessmen from the community. She stated they did a good job; and thanked the Economic Development Commission for putting the trip together and staying on top of the issue. She stated if the County lost Patrick Air Force Base, it would have a huge economic impact, so the trip was definitely worthwhile.

REPORT, RE: WIDENING OF EMERSON ROAD

Commissioner Colon stated the widening of Emerson Road, from Circle K to Bayside Lake area, has been in the plans for almost a decade, and is going to happen; the project will probably take two years; and that is the best they can do. She stated anyone having any questions should contact the City of Palm Bay.

REPORT, RE: YMCA IN SOUTH BREVARD

Commissioner Colon stated they have been working closely with the YMCA to bring it to South Brevard; and they have been talking about a partnership of the County, the City, the School Board, and the YMCA, and potentially any developer interested in forming such a partnership. She noted such partnerships are happening already in the Orlando area; a group of approximately fifteen members from South Brevard has been focusing on that; and anyone who would like to provide feedback or be part of the committee to bring a YMCA to South Brevard, should feel free to call her.

REPORT, RE: SOUTH BREVARD POOL

Commissioner Colon stated in South Brevard, they built a pool by Brevard Community College and it is already full to capacity; it is being enjoyed by seniors and children; and sometimes they have to have shifts for everyone to be able to enjoy it. She stated the need was definitely there; more are needed; right now Palm Bay Regional Park is in the process of soliciting RFP’s and developing the park; and one of the things they talked about was bringing some things into the community such as a fountain. She stated she mentioned it to some folks from Viera; it would be a fountain that children are able to enjoy; and she had mentioned it to the Zoo, but obviously it has not happened. She stated a lot of people from Brevard County go to Orlando to enjoy that; and she is working closely with Parks and Recreation and community leaders to see how the other communities have been able to work that out. She stated it would not just be for South Brevard, but for the entire County; they are supposed to be looking into it next month; and she is excited about it. She stated it would use the dollars that are already allocated; they are not planning on getting more money for it; but with the dollars they have, they are going to see if they can accomplish it.

REPORT, RE: INCREASED PROPERTY VALUES

Commissioner Colon stated at the MPO meeting, she mentioned that Brevard County is third in the nation in regard to the vast increase and boom in construction; but she is concerned because it is a double-edged sword. She stated it has gone up 25%; information has been faxed to the MPO about increased property values; and that means the citizens of the County have property for which the value has gone up and for which they are going to reap the fruits of their labor, but on the other side they are now paying higher taxes. She noted the Board did not do that; it is based on what the property is appraised at; and it has gone up 25%. She requested a report from staff regarding what kind of dollars that means to the unincorporated area of Brevard County from the increase in the last year; those dollars are coming into the County and the municipalities; and she would like to see the concrete numbers from a year ago and the kind of dollars that will be coming in.

Chair Higgs inquired if Mr. Jenkins can provide such report; with County Manager Tom Jenkins responding yes.

REPORT, RE: USE OF PURCHASING AND OTHER SERVICES BY COMMUNITY BASED
CARE CORPORATION

Chair Higgs stated she, along with Assistant County Manager Stockton Whitten and Housing and Human Services Director Gay Williams, met with the Community Based Care Corporation; and at Thursday’s meeting she would like to ask the Board to consider amending the Agreement to allow some purchasing and other services to be a part of what is done for community based care. She stated the County is a partner in that; she will distribute information tomorrow; and if it is able to participate, as some other agencies do in some of the agreements, it will be able to save money overall and do a better service for the children.

PRESENTATION, RE: GOVERNMENT FINANCE OFFICERS ASSOCIATION’S
DISTINGUISHED BUDGET PRESENTATION AWARD

County Manager Tom Jenkins stated the Brevard County Budget Office has again received the Government Finance Officers Association Distinguished Budget Presentation Award; and introduced Budget Director Dennis Rogero, Assistant Budget Director Elizabeth Swanke, and staff members Janelle Ashley, Neil Boynton, Sharon Brown, Juanita Davis, Jim Ernst, Anita Mays, Valerie McAnulty, and Pam Wallace. He noted Assistant County Manager Stockton Whitten also spends a lot of time working with the Budget Office. He stated the GFOA is a non-profit professional association serving 14,000 government finance professionals throughout North America; the Distinguished Budget Presentation Award is the only national award program in governmental budgeting; and in order to receive the award, the County had to satisfy nationally recognized guidelines for effective budget presentation, which are designed to assess how well an entity’s budget serves as a policy document, a financial plan, an operations guide, and a communications device. He stated the GFOA stated that the award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. Mr. Jenkins congratulated the staff of the Budget Office.

Dennis Rogero thanked the Board, his staff, Mr. Whitten, and Mr. Jenkins.

Chair Higgs stated the Board will see the Budget staff on Thursday at the Budget Workshop.

PRESENTATION BY MARGUERITA ENGEL OF ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT, RE: COST SHARE PROGRAM

Marguerita Engel, representing the St. Johns River Water Management District, stated in April and May 2004, Brevard County’s Regional Stormwater Utilities Department was selected as the 2004 recipient of two of the District’s cost share programs, the Fay Lake Treatment and Wetland Creation Project, and the South River Road - Barracuda Avenue Stormwater Retrofit Project. She stated Florida residents who purchase an Indian River Lagoon specialty license plate are helping to restore the waterway; $15 from each sale is combined with funding from other sources and is used to restore the waterway; 80% of the license plate proceeds go toward protecting and restoring lagoon habitat; and 20% of the proceeds go toward environmental education. She noted no administration costs are paid from the approximately $400,000 in annual revenue, which is shared in proportion to the sales by the three participating counties. She stated 40% of the South River Road - Barracuda Avenue Stormwater Retrofit Project is funded through the license plate program; it combines improvements to the quality of water flowing into the lagoon as well as water quantity enhancements through localized infiltration and groundwater recharge; much of the residential area contributes untreated stormwater runoff directly into the lagoon; and the District Stormwater Cost Share Program provides financial assistance for projects promoting water quality improvement, flood control, and best management practices. She stated this year there are two application cycles; and the deadline for the next cycle is August 13, 2004. She stated the Fay Lake Treatment and Wetland Creation Project was funded at 40% by the cost share program; it has the dual purpose of providing water quality treatment for 12.5 square miles and providing hydrologic benefit for an area of the upper St. Johns historic floodplain. She presented checks of $110,820 for the South River Road Barracuda Stormwater Retrofit Project and of $130,000 for the Fay lake Treatment and Wetland Creation Project to Commissioner Scarborough and Stormwater Utility Director Ron Jones. Mr. Jones thanked the St. Johns River Water Management District for its continued support. Chair Higgs stated the Board appreciates that, as they are good projects. Ms. Engel stated the projects are funded at 40% by the District but at 60% by the County; and the District appreciates the Board’s proactive stance toward water quality and supply in the County.

ITEMS REMOVED FROM CONSENT AGENDA

Chair Higgs stated Items III.A.15, Binding Development Agreement with Loyal Order of the Moose Lodge No. 2073, Inc., Re: Property On The East Side Of North Courtenay Parkway, North Of The Barge Canal and Item III.C.3, Reject Proposal for Proposal #P-3-04-19, Re: Architectural and Engineering Services for Brevard County Detention Center Main Jail Expansion were requested for removal from the Consent Agenda for discussion.

RESOLUTION, RE: REVISING SUBDIVISION INSPECTION FEES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution establishing a revised fee schedule for Land Development Division subdivision inspections. Motion carried and ordered unanimously.

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVAL, RE: AUSTRALIAN WAY
AND PODS 1, 2, 3, 4, 5, 6, 7 IN WALKABOUT PUD

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final engineering and preliminary plat approval for Australian Way and Pods 1, 2, 3, 4, 5, 6, and 7 in Walkabout PUD, subject to minor engineering changes as applicable, and developer obtaining jurisdictional permits. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH CHARLES WILLETT, RE: PINE SAP AVENUE

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Charles Willett for construction of Pine Sap Avenue in existing County right-of-way under the Unpaved Road Code of Ordinances, Section 62-102. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH GREGORY SCHMIDT, RE: LABRADOR LANE

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Gregory Schmidt for construction of Labrador Lane in existing County right-of-way under the Unpaved Road Code of Ordinances, Section 62-102. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT AND SUBDIVISION INFRASTRUCTURE CONTRACT WITH
ROBERT MALLORY, RE: CHURCH STREET

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Unpaved Road Agreement and Road Infrastructure Contract with Robert Mallory for construction of Church Street in existing County right-of-way under the Unpaved Road Code of Ordinances, Section 62-102. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: SUSEDA PARK AT VIERA, TRACT Y-1

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final plat approval for Suseda Park at Viera, Tract Y-1, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining jurisdictional permits. Motion carried and ordered unanimously.

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

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final plat approval for Ravencliffe Subdivision, Phase 1, subject to minor changes if necessary, receipt of documents required for recording, and developer responsible for obtaining jurisdictional permits; and execute Contract with The Viera Company for improvements to the Subdivision.

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR
IMPROVEMENTS IN WINGATE ESTATES, PHASE V

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution releasing Contract with The Viera Company for improvements in Wingate Estates, Phase V. Motion carried and ordered unanimously.

REQUEST FOR WAIVER OF SECTION 62-3205 TIME LIMITATIONS FOR SITE PLAN
EXPIRATION, RE: VIERA INDUSTRIAL OFFICE CENTER

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to waive time limitation provision in Section 62-32015 and approve a six-month extension to the site plan for Viera Industrial Office Center, from July 13, 2004 to January 13, 2005. Motion carried and ordered unanimously.

APPEAL BY COUSINS PROPERTIES, IN., RE: SECTION 62-3206(3)(5), PARKING
REQUIREMENTS OF CURB STOPS FOR VIERA MARKET CENTER

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to waive Section 62-3206(3)(5) to allow site plan for Viera Market Center to be approved without curb stops in the parking lot. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN WITH CHARANE HOMES, INC., RE: PROPERTY
ON THE NORTH SIDE OF GRANT ROAD, EAST OF NORTH TROPICAL TRAIL

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan with Charane Homes, Inc. for property on the north side of Grant Road, east of North Tropical Trail. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN WITH ABBOTT MANUFACTURED HOUSING,
INC., RE: PROPERTY ON THE WEST SIDE OF U.S. 1, SOUTH OF BAREFOOT
BOULEVARD, AND NORTH OF MICCO ROAD

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan with Abbott Manufactured Housing, Inc. for property on the east side of North Courtenay Parkway, north of the Barge Canal. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN WITH DAVID J. WARDLE AND BARBARA A.
WARDLE, RE: PROPERTY ON THE NORTHEAST CORNER OF MONTGOMERY
ROAD AND U.S. 1

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan with David J. Wardle and Barbara A. Wardle for property on the northeast corner of Montgomery Road and U.S. 1. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN WITH ROBERT K. FEARS AND TERESA L. FEARS
(A/K/A JERRY C. LYON), RE: PROPERTY ON THE EAST SIDE OF U.S. 1, NORTH
OF GLORIA AVENUE

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan with Robert K. Fears and Teresa L. Fears for property on the east side of U.S. 1 , north of Gloria Avenue. Motion carried and ordered unanimously.

REQUEST FOR FEE REFUND, RE: WALTER ALLEN DYE

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve application fee refund for Walter Allen Dye in the amount of $347.00 as Mr. Dye has asserted he did not receive a decision on his application for an interpretation of home occupation. Motion carried and ordered unanimously.

TEMPORARY USE AGREEMENT WITH DOUGLAS AND LINDA LATHEM, STEVEN
LATHEM, AND JOHNSON BROS. CORPORATION, RE: STORAGE OF CONSTRUCTION
MACHINERY, MATERIALS, AND EQUIPMENT AT U.S. 1 AND CITY POINT ROAD

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Temporary Use Agreement with Douglas and Linda Lathem, Steven Lathem, and Johnson Bros. Corporation to allow a BU-1 zoned parcel to be temporarily utilized as staging area to store construction machinery, commercial vehicles, material and equipment for FDOT to make improvements to SR 528 bridge. Motion carried and ordered unanimously.

APPROVAL OF ACCESS BY EASEMENT, RE: SAN MARINO SUBDIVISION

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve access by way of an easement granted by the Springs of Suntree Homeowners Association for San Marino Subdivision. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING INSTALLATION OF NO PARKING ON STREETS
BETWEEN 12:00 MIDNIGHT AND 7:00 A.M. SIGNS IN FAWN RIDGE SUBDIVISION

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution authorizing the installation of “No Parking on Streets Between 12:00 Midnight and 7:00 a.m.” signs in Fawn Ridge Subdivision. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING INSTALLATION OF NO PARKING ON STREETS
BETWEEN 12:00 MIDNIGHT AND 7:00 A.M. SIGNS IN OSPREY RIDGE SUBDIVISION

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution authorizing the installation of “No Parking on Streets Between 12:00 Midnight and 7:00 a.m.” signs in Osprey Ridge Subdivision. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: PEDWAY
FACILITIES AND INTERSECTION IMPROVEMENT PROJECTS

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to bid, award bids to lowest responsible bidders, and execute contracts for construction of pedway facilities and intersection improvement projects, including Dairy Road and Carpenter Road westerly sidewalk, Central Avenue and North Atlantic Avenue intersection improvement, and Sheridan and John Rodes intersection improvement. Motion carried and ordered unanimously.

PERMISSION TO ACQUIRE APPRAISALS, SOLICIT BIDS AND APPROVE BUDGET
CHANGE REQUESTS, RE: SALE OF SURPLUS PROPERTY ON MALABAR ROAD

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to acquire appraisals and solicit bids for sale of the remaining surplus property on Malabar Road; and approve Budget Change Requests. Motion carried and ordered unanimously.

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

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to certify the Local Option Gas Tax revenue percentage allocations as reviewed by the municipalities; and authorize the Finance Director to submit the allocations to the Department of Revenue. Motion carried and ordered unanimously.

INFRASTRUCTURE CO-CONSTRUCTION AGREEMENT AND ESCROW AGREEMENT
WITH WALKABOUT RESIDENTIAL DEVELOPMENT COMPANY LLC,
RE: CONSTRUCTION OF RAW WATER TRANSMISSION MAIN

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Infrastructure Co-Construction Agreement and Escrow Agreement with Walkabout Residential Company, L.L.C. for construction of 6,400 feet of raw water transmission main concurrently with the construction of Australian Way. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 AND FINAL PAYMENT TO MAXWELL CONTRACTING, INC.,
RE: JORDAN BLASS DRIVE REUSE WATER LINE EXTENSION

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Change Order No. 1 and Final Payment to Maxwell Contracting, Inc. for Jordan Blass Drive Reuse Water Line Extension, increasing contract amount by $4,260.84 for a new total of $101,260.84 to add short lengths of PVC and ductile iron reclaimed water main and fittings, perform additional sidewalk repair, and delete fittings not required to avoid conflicts with existing buried utilities. Motion carried and ordered unanimously.

AWARD OF BID #B-4-04-71 AND EXECUTE CONTRACT WITH CLOUD 9 SERVICES, INC.,
RE: CONSTRUCTION OF LIFT STATION T-3 REHABILITATION

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to award Bid #B-4-04-71, Construction of Lift Station T-3 Rehabilitation, to Cloud 9 Services, Inc. in the amount of $246,918.59; and authorize the Chair to execute contract with the Company for the project. Motion carried and ordered unanimously.

AUTHORIZATION TO NEGOTIATE PURCHASE OF PROPERTY, RE: HOUSTON LANE
PAVING AND DRAINAGE AND INFILL PROJECT

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize the Land Acquisition staff to negotiate a purchase price for 17 properties on Houston Lane in Merritt Island, to gain right-of-way for construction of a roadway that meets County standards; and authorize staff to obtain environmental services, survey, appraisals, and other required services and documents. Motion carried and ordered unanimously.

RESOLUTION, GRANT AGREEMENT AND PROJECT BUDGETS, RE: TREE PLANTING
DEMONSTRATION PROJECT AT HOOVER MIDDLE SCHOOL AND SUNTREE
ELEMENTARY SCHOOL

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution authorizing the acceptance of a $10,000 Urban and Community Forestry Grant from the Florida Department of Agriculture and Consumer Services for a tree planting demonstration project at Hoover Middle School and Suntree Elementary School; and authorize the Parks and Recreation Director to execute a Standard Grant Agreement and establish projects budgets. Motion carried and ordered unanimously.

AGREEMENT TO AMEND EXISTING INTERLOCAL AGREEMENT AMENDMENT NO. 3
WITH CITY OF ROCKLEDGE, RE: CONSTRUCTION OF BAFFLE BOX AT LITTLE JOHN
LANE AND ROCKLEDGE DRIVE

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement to Amend Existing Interlocal Agreement Amendment No. 3 with City of Rockledge for installation of a baffle box at Little John Lane and Rockledge Drive. Motion carried and ordered unanimously.

AGREEMENT TO EXTEND INTERLOCAL AGREEMENT WITH CITY OF WEST
MELBOURNE, RE: COMPLETION OF CROSSROADS PARK

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement to Extend Interlocal Agreement with the City of West Melbourne for a six-month extension for the City’s completion of its $75,000 South Brevard Recreation Special District Project. Motion carried and ordered unanimously.

APPOINTMENT, RE: PALM BAY REGIONAL PARK CITIZENS ADVISORY COMMITTEE

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to appoint Everett Morris to the Palm Bay Regional Park Advisory Committee, with term expiring December 31, 2004. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: PROPOSED FY 2003-04 BUDGET FOR HERITAGE ISLE
AT VIERA COMMUNITY DEVELOPMENT DISTRICT

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to acknowledge receipt of proposed FY 2003-04 budget for Heritage Isle at Viera Community Development District. Motion carried and ordered unanimously.

REJECT BIDS AND AUTHORIZE RE-BID OF BID #B-3-04-70, RE: SR A1A PEDWAY
CONSTRUCTION FROM SCORPION COURT TO OCEAN BOULEVARD

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to reject all bids received and authorize re-solicitation of bids for Bid #B-3-04-70, SR A1A Pedway Construction from Scorpion Court to Ocean Boulevard. Motion carried and ordered unanimously.

APPROVAL OF REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE
ENFORCEMENT LIENS, RE: JORGE MOSQUERA

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Special Magistrate’s recommendation to reduce the accrued fine for Case #99-3304 from
$5,050 to $775, in addition to unpaid enforcement costs of $310; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment. Motion carried and ordered unanimously.

APPROVAL OF REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE
ENFORCEMENT LIENS, RE: EMMETT M. DANNER

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Special Magistrate’s recommendation to reduce the accrued fine for Case #00-1832 from $16,025 to $6,300, in addition to enforcement costs, which have been paid; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-05, RE: ZERO TOLERANCE OF WORK PLACE
VIOLENCE

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve revised Policy BCC-05, Zero Tolerance of Work Place Violence, which establishes a work environment free from violence, threats of violence, harassment, intimidation, and other disruptive behavior. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, EXECUTE CONTRACT, AND APPROVE BUDGET
CHANGE REQUESTS, RE: BUILDING RENOVATIONS AT VIETNAM VETERANS OF
BREVARD, INC. HOMELESS VETERANS TRANSITIONAL HOUSING FACILITY

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to bid and award bid for building renovations at Vietnam Veterans of Brevard, Inc. Homeless Veterans Transitional Housing Facility, approve Budget Change Requests, and authorize the Chair to execute Contract. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION AND
NEGOTIATING COMMITTEES, AND AWARD CONTRACTS, RE: CONTINUING
ARCHITECTURAL/ENGINEERING CONSULTANT SERVICES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to advertise Request for Proposals for continuing architectural/engineering consulting services for the Facilities Department; appoint a Selection Committee consisting of Assistant County Manager Stockton Whitten, Assistant Facilities Director Sam Stanton, and Assistant Parks and Recreation Director Jack Masson; appoint a Negotiating Committee consisting of Assistant
Facilities Director Sam Stanton, Facilities Construction Director Jaime Irizarry, and Assistant Parks and Recreation Director Jack Masson or his designee; and authorized the Chair to execute awarded contracts. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION AND
NEGOTIATING COMMITTEES, AND AWARD CONTRACTS, RE: CONTINUING
STRUCTURAL ENGINEERING CONSULTANT SERVICES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to advertise Request for Proposals for continuing structural engineering consulting services for the Facilities Department; appoint a Selection Committee consisting of Assistant Facilities Director Sam Stanton, Facilities Construction Director Jaime Irizarry, and Assistant Parks and Recreation Director Jack Masson or his designee; appoint a Negotiating Committee consisting of Assistant Facilities Director Sam Stanton or his designee, Facilities Construction Director Jaime Irizarry, and Assistant Parks and Recreation Director Jack Masson or his designee; and authorize the Chair to execute all associated contracts. Motion carried and ordered unanimously.

PERMISSION TO USE JOB ORDER CONTRACT AND EXECUTE CONTRACT, RE: REPAIR
OF LEAKS IN WALLS AT NORTH BREVARD WASTEWATER TREATMENT PLANT

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize staff to use its Job Order Contract to repair leaks in concrete walls at the North Brevard Wastewater Treatment Plant; and authorize the Chair to execute the associated contract. Motion carried and ordered unanimously.

TERMINATION OF LEASE AGREEMENT WITH FLORIDA DEPARTMENT OF JUVENILE
JUSTICE, ADOPT RESOLUTION, AND EXECUTE LEASE AGREEMENT WITH
CROSSWINDS YOUTH SERVICES, INC., RE: USE OF MODULAR BUILDING AT
MELBOURNE COURTHOUSE

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to terminate Lease Agreement with the Florida Department of Juvenile Justice; adopt Resolution authorizing the leasing of County property to a not-for-profit corporation; and execute Lease Agreement with Crosswinds Youth Services, Inc. for use of modular building at Melbourne Courthouse. Motion carried and ordered unanimously.

AMENDMENT NO. 3 TO AGREEMENT WITH STARMER RANALDI PLANNING &
ARCHITECTURE, INC., RE: SOUTH MAINLAND SERVICE COMPLEX, PALM BAY

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Amendment No. 3 to Agreement with Starmer Ranaldi Planning & Architecture, Inc. for architectural/engineering services for the South Mainland Service Complex in Palm Bay. Motion carried and ordered unanimously.

SALE AND PURCHASE CONTRACT WITH MILLSOURCE, INC., RE: PURCHASE OF
PROPERTY IN SPACEPORT COMMERCE PARK

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Sale and Purchase Contract with Millsource, Inc. for purchase of approximately 15 acres located on Shepherd Drive in the Spaceport Commerce Park at $22,225 per acre. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE RESCINDING TAX
ABATEMENTS OF SELECT COMPANIES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to advertise a public hearing to be held August 10, 2004 to consider rescinding tax abatements of select companies that no longer qualify under the program guidelines. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE REPLACING TERM
“SPECIAL MASTER” WITH “SPECIAL MAGISTRATE”

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to advertise a public hearing to consider an ordinance replacing term “special master” with “special magistrate” to comply with the Laws of Florida. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
BOUNDARIES OF BAREFOOT BAY WATER AND SEWER DISTRICT TO INCLUDE
SNUG HARBOR

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to advertise a public hearing to consider an ordinance amending boundaries of Barefoot Bay Water and Sewer District to include Snug Harbor. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF
EMERGENCY MANAGEMENT, RE: FUNDING FOR HAZARDOUS MATERIALS
PLANNING ANALYSIS UPDATE

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with Florida Department of Community Affairs, Division of Emergency Management for funding assistance for the Hazardous Materials Planning Analysis Update for the County; and authorize the County Manager or his designee to sign any documents or modifications to the Agreement. Motion carried and ordered unanimously.

APPROVAL OF POLICY BCC-69, RE: EMPLOYEE INNOVATIONS PROGRAM

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Policy BCC-69 to provide a method of rewarding employees for making suggestions that result in improved productivity, health/safety, and/or operating savings for the County. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-1-04-20 AND CONTRACT TO ROBINSONBUSH, INC., RE:
EMPLOYEE BENEFITS CONSULTING SERVICES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to award Proposal
#P-1-04-20, Employee Benefits Consulting Services, to RobinsonBush, Inc.; and execute Agreement with the consultant for services from July 13, 2004 through July 31, 2009. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: CITIZENS FINANCIAL REPORT FOR 2003

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to acknowledge receipt of the Citizens Financial Report for 2003 that summarizes how the County generates revenue, what services the monies are used for, and five-year economic trends. Motion carried and ordered unanimously.

APPROVAL OF APPLICATION AND ACCEPTANCE OF GRANT FROM DEPARTMENT OF
JUSTICE, RE: GANG RESISTANCE EDUCATION AND TRAINING (GREAT) PROGRAM

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Application and acceptance of a grant from Department of Justice in the amount of $61,200 to reimburse the Sheriff’s office for salaries and benefits for a part-time civilian coordinator and program expenses incurred from January 16, 2004 to July 15, 2004, for Gang Resistance Education and Training (GREAT) Program. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to appoint Jeff Thamert to the Art in Public Places Advisory Committee with term expiring December 31, 2004; Pearl Crosby Smith to the Brevard County Commission on the Status of Women with term expiring December 31, 2004; and Judy Renaud to the Recycling Citizen Advisory Committee with term expiring February 28, 2005. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

REJECT PROPOSALS FOR PROPOSAL #P-3-04-19, RE: ARCHITECTURAL AND
ENGINEERING SERVICES FOR BREVARD COUNTY DETENTION CENTER MAIN JAIL
EXPANSION

Bino Campanini, CEO of Stottler Stagg and Associates, stated he echoes what was said about Mel Scott; he has worked with him over the years; he has been a great asset to the County; his contributions working in community groups has been tremendous; and he welcomes him to the private world. He stated on April 30, 2004 Stottler Stagg and Associates received a letter from the County awarding them the detention center project that they had made a shortlist presentation on; but on his way to negotiate the contract, he received a call from the County informing him there had been a protest and that negotiations would be put on hold. He stated subsequent to that, he received a public notice faxed to his office that there would be a protest hearing, which he attended; and at that hearing, he was told his opportunity to address the issue would be at the Board meeting today. He stated Stottler Stagg was the affected party with the award thrown out and no longer having the contract; and there are many issues to discuss but he will focus on two main thrusts. He stated they have a concern with the actual content of what the protest is based upon; and secondly, they have a concern about the procedures followed for the protest. He stated there is a document that states the reasons why the protest was formulated; and one is concerning drawings that were provided to the County that were distributed at a pre-submittal conference. He stated the second item says, “the Selection Committee, in review of the proposal submitted by Architecture Studio, may not have considered certain factors that may benefit the County related to the firm’s experience in the design of a similar structure, and the scores allotted to Architecture Studios prevented further
consideration as one of the short-listed firms, therefore any such benefits could not be detailed through oral presentations.” He stated that can go to any short list or RFP; if one does not get the scores, one is not shortlisted; and there is nothing that provides a reason for a protest. He stated basically they are saying they did not get enough scores to get on the short list and so did not have an opportunity to tell how they could have benefited the County; but he is sure the fourth, fifth, sixth, and seventh firms all have the same argument. He stated the other issue is about the copyrighted documents or drawings that were handed out at the pre-submittal meeting; those documents have no bearing on the RFP response; there were 12 items that each firm had to respond to; none of those concerned drawings or anything of that matter; and it was all based on personnel and experience, so there is really no reason for protest. Mr. Campanini stated, jumping to the second issue of procedures, the County provided him with the Purchasing and Procurement Manual; and read aloud from the section on vendor complaints and protests, calling for a formal written process with the Purchasing Manager within five business days of the posted award recommendations, stating, “the formal written process shall reference the bid, quote, or proposal number, and shall state the particular facts and laws on which the protest is based including full details of adverse effects and relief sought; and within seven calendar days of receipt of the formal written protest, the Purchasing Manager is to arrange a meeting of the Protest Committee and affected parties.” He stated it says that failure to observe any or all of the procedures shall constitute a waiver of the right to protest a contract award; from the documentation he has been provided by the County, none of the procedures were followed; and all that he sees is an email that was sent to a Commissioner, which seems to have started the ball rolling. He stated the email does not address any of the issues, proposal, or numbers; it does not follow any of the regulations or procedures stated in the manual; and the County did not set up a meeting within seven days. He stated without getting into the details, they do not feel the procedures were followed; and as a firm that followed the RFP procedures, they did everything they were asked to do, and now the award is being taken away from them based on a procedure that was not followed.

Commissioner Pritchard stated he met with Mr. Campanini about this; he was the Commissioner who received the email, which he forwarded to Mr. Jenkins, inquiring if the allegations were true; and that is what got the ball going. He inquired if Mr. Campanini got an opportunity to present his comments to the Protest Review Committee; with Mr. Campanini responding he received a public notice that there was a protest, but did not have any information why there was a protest. He stated he attended the protest meeting, and voiced his opinion based on the knowledge he had at the time that this is not protestable; but he did not have any awareness of who filed the protest, whether they followed procedures, or any of the paperwork. He stated the Protest Committee addressed not having enough points and focused on the drawings; his argument is the drawings were not part of the RFP; and he does not know what the agreement with the County was. He stated he did not think the protest was fair; he said a few words; but he did not have the details.

Commissioner Carlson requested the County Manager address some of the issues that Mr. Campanini brought up concerning the content of the protest, whether the procedures were followed, and if not, why not; and what caused the ball to start rolling. County Manager Tom Jenkins deferred to Mr. Whitten.

Assistant County Manager Stockton Whitten stated Commissioner Pritchard received an email protesting the rankings on April 29, 2004; that was forwarded to the County Manager on April 30; and because of the issues contained in the email, it was deemed an appropriate formal protest of the rankings. He stated procedurally the protest fit within the time frame that was established in the procedures manual; and the Protest Committee was set up and their issues were heard. He stated their primary issues were that the County had distributed plans or elevations to the attendees at the pre-qualification hearing and that the County’s eventual design of the barracks was going to be based on those elevations or plans; and the totality of that issue was deemed critical enough to consider that a formal protest.

Commissioner Carlson stated at the pre-qualifying hearing the pictures were handed out; and inquired if everyone who was there realized those pictures were being handed out. She inquired if the people from Architectural Studios understood the pictures were being handed out; with Mr. Whitten responding all attendees received copies of the elevations, so they are actually property of Architectural Studios. Commissioner Carlson stated she understands that; but inquired were they there and knew that everybody got a copy; with Mr. Whitten responding yes. Commissioner Carlson inquired why did they not protest at that point; with Mr. Whitten responding he cannot answer that question for them. Commissioner Carlson stated what Mr. Campanini is getting at is that fair and deliberate use of procedures was not followed, although they may have gotten in under the wire as far as protesting; but the content of the protest does not sound like it was fair, and the procedures followed do not sound like they were fair. She inquired if full details of adverse effects were written out and defined; with Mr. Whitten responding the email contains sufficient detail of their issues in regard to the protest; the procedure was no different than any of the other protests; they have five days after the posting of the rankings to submit their protest; and that is what occurred. Commissioner Carlson stated the issue came up as to the 256-bed facility for the jail; and the Board decided to forego that and look at the big picture as well as the short-term. Mr. Jenkins stated that is temporary; the project has not been eliminated; but they are waiting for the consultant’s report. Chair Higgs noted it could be a different project; with Mr. Jenkins responding it could be, but it is on temporary hold until the Board gets the consultant’s report. Commissioner Carlson inquired if it was on the basis that the Board requested putting a hold on the 256-bed facility that there was the decision to reject this proposal; with Mr. Whitten responding one issue is incidental to the other. Mr. Whitten advised staff would have come back after that action and had the Board formally reject the bids so it could be re-bid if the design is going to be different or if the study called for some altered design.

Commissioner Carlson stated Mr. Whitten answered her question; and inquired if there had been no protest, would staff have come back to the Board to ask it to reject all the proposals. She stated if that is the case, it may be the appropriate action rather than dealing with the protest because it renders the matter moot until the Board knows where it is; and inquired if Mr. Whitten is advising the Board to do that; with Mr. Whitten responding he would agree with that.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to reject all proposals for Proposals #P-3-04-19, Architectural and Engineering Services for the Brevard County Detention Center Main Jail 256-Bed Dormitory; and approve re-solicitation at a later date. Motion carried and ordered unanimously.

Commissioner Scarborough advised the Board will wait to re-solicit after Carter Gobles provides further direction.

BINDING DEVELOPMENT AGREEMENT WITH LOYAL ORDER OF THE MOOSE LODGE
NO. 2073, INC., RE: PROPERTY ON THE EAST SIDE OF NORTH COURTENAY
PARKWAY, NORTH OF THE BARGE CANAL

Dennis Wiltshire withdrew his request to speak.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Binding Development Plan with Loyal Order of the Moose Lodge No. 2073, Inc. for property on the east side of North Courtenay Parkway, north of the Barge Canal. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN SHERWOOD ESTATES, UNIT 11 - JAMES AND DORIS NIEHOFF

Chair Higgs called for the public hearing to consider a resolution vacating public utility and drainage easement in Sherwood Estates, Unit 11 as petitioned by James and Doris Niehoff.

Transportation Engineering Director John Denninghoff advised there are no objections.

There being no further comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution vacating public utility and drainage easement in Sherwood Estates, Unit 11 as petitioned by James and Doris Niehoff. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
KINGSWOOD, UNIT 1 - WILLIAM AND CORA POSTLETHWAIT

Chair Higgs called for the public hearing to consider a resolution vacating public utility easements in Kingswood, Unit 1 as petitioned by William and Cora Postlethwait. She stated the applicant and his attorney are present.

Commissioner Scarborough inquired if there are any objections; with Cynthia Streeter responding there are no objections.

Attorney Christopher Broom, representing the applicant, advised they have no objections.

There being no further comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution vacating public utility easements in Kingwood, Unit 1 as petitioned by William and Cora Postlethwait. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING INGRESS AND EGRESS EASEMENT IN
SECTION 1, TOWNSHIP 21S, RANGE 34E. IN MIMS - CREECH ENGINEERS, INC.

Chair Higgs called for the public hearing to consider a resolution vacating ingress and egress easement in Section 1, Township 21S, Range 34E in Mims as petitioned by Creech Engineers, Inc.

Transportation Engineering Director John Denninghoff advised the item needs to be continued to July 27, 2004. Commissioner Scarborough inquired if things are happening that he needs to know about; with Mr. Denninghoff responding there were some issues about the final plat that are not resolved, and the vacating should be held until the plat is finalized.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to continue the public hearing to consider a resolution vacating ingress and egress easement in Section 1, Township 21S, Range 34E in Mims as petitioned by Creech Engineers, Inc. to the July 27, 2004 Board meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN ISLAND CROSSINGS SUBDIVISION AND HOLD HARMLESS
AGREEMENT - GORDON & ASSOCIATES, INC. (CARPENTER)

Chair Higgs called for the public hearing to consider a resolution vacating public utility and drainage easement in Island Crossings subdivision and Hold Harmless Agreement, as petitioned by Gordon & Associates, Inc. (Carpenter).

There being no comments or objections, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution vacating public utility and drainage easement in Island Crossings Subdivision as petitioned by Gordon & Associates, Inc. and execute Hold Harmless Agreement with Rodelle Carpenter. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENT IN
SURFSIDE ESTATES, UNIT 5 AND FEE WAIVER - DANA AND MOIRA YOUNG

Chair Higgs called for the public hearing to consider a resolution vacating public utility easement in Surfside Estates, Unit 5 and fee waiver as petitioned by Dana and Moira Young.

Commissioner Carlson stated she has a concern about the fee waiver; no information was given about hardship; but the request has been included as part of the item. Chair Higgs suggested taking the two issues separately.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution vacating public utility easement in Surfside Estates, Unit 5 as petitioned by Dana and Moira Young. Motion carried and ordered unanimously.

Chair Higgs inquired if there is a motion on the fee waiver. Commissioner Pritchard stated he has no backup on the request for the fee waiver.

PUBLIC HEARING, RE: RESOLUTION CONFIRMING PRELIMINARY ASSESSMENT ROLL
FOR TREASURE LANE PHASE II ROAD PAVING MUNICIPAL SERVICE BENEFIT UNIT

Chair Higgs called for the public hearing to consider a resolution confirming the preliminary assessment roll for Treasure Lane Phase II Road Paving Municipal Service Benefit Unit. Chair Higgs stated this is in District 3; she has no objections; and she sees no one present on the issue.

There being no further comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution confirming Preliminary Assessments Roll for Treasure Lane Phase II Road Paving Municipal Service Benefit Unit. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION ACCEPTING IMPROVEMENTS AND ADOPTING
FINAL ASSESSMENT ROLL FOR RIO LINDO MAINTENANCE DREDGING MUNICIPAL
SERVICE BENEFIT UNIT

Chair Higgs called for the public hearing to consider a resolution accepting improvements and adopting final assessment roll for Rio Lindo Maintenance Dredging MSBU.

There being no comments or objections heard, motion was made by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution accepting improvements and adopting Final Assessment Roll for Rio Lindo Maintenance Dredging Municipal Service Benefit Unit. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 102-66(B) TO INCREASE
OCCUPATIONAL LICENSE FEE

Chair Higgs called for the public hearing to consider an ordinance amending Section 102-66(B) to increase occupational license fee.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt an Ordinance amending Section 102-66(B) to increase occupational license fees from $35.25 to $37.00.

Commissioner Pritchard stated he has talked to some people who do not think the County should be in the business of charging an occupational license fee; and he disagrees with that. He stated the fee is used as part of the process to determine the business is located properly and that it is a proper function for the location; so it unfortunately becomes a cost of doing business. He stated it is a minimal amount; and he does not think it is going to create a hardship.

Commissioner Scarborough stated it will be $37; and the 5% increase is $1.75 annually to a business.

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

PUBLIC HEARING, RE: ORDINANCE ESTABLISHING $65 COURT FEE ON THOSE WHO
PLEAD GUILTY OR NOLO CONTENDRE OR FOUND GUILTY OF FELONY,
MISDEMEANOR, OR CRIMINAL TRAFFIC OFFENSES

Chair Higgs called for the public hearing to consider an ordinance establishing a $65 court fee on those who plead guilty or nolo contendre or found guilty of felony, misdemeanor, or criminal traffic offenses.

There being no comments or objections, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt an Ordinance establishing $65 court fee on those who plead guilty or nolo contendre or are found guilty of felony, misdemeanor, or criminal traffic offenses. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 2, ARTICLE VI, DIVISION 2,
CODE ENFORCEMENT PROCEDURES

Chair Higgs called for the public hearing to consider an ordinance amending Chapter 2, Article VI, Division 2, Code Enforcement Procedures.

Curt Lorenc stated this issue was brought to the Board for legislative intent and was put under the Consent Agenda; it was represented as just changing “special master” to “special magistrate”; but it appears to be a huge rewrite of the Code Enforcement Ordinances.

Commissioner Pritchard stated this is not that item. Assistant County Manager Peggy Busacca stated the item on the special magistrate title will be on the LPA agenda on July 19; and it has not yet been schedule to go to the Board. Chair Higgs stated the item before the Board is amendment to Code Enforcement procedures.

Mr. Lorenc stated there are 16 different Code sections, 15 different topics, and seven different options for a new Code; they are all in one Agenda item; and he was under the impression that it was supposed to be one topic per ordnance, so he is confused on what is being addressed and he is not a beginner at this. He stated the handout is regarding Florida Statute 162; the State sets down the Code Enforcement procedure; and the State has delegated no authority to the counties or municipalities to change anything in the Statute. He stated there is an Attorney General Opinion that shows there is no delegated authority; so, if the Board is going to use any part of Statute 162, it needs to use it exactly as is and cannot modify it. He stated in the ordinance presented today, there are all sorts of modifications; but they are not allowed under the Statute. He stated under Section 2-176, there is something on foreclosure of homesteaded property; they have been presenting for some time that the County cannot put a lien on people’s homesteaded property; and there is a Supreme Court case that provides that no lien can exist on homesteaded property, so case law proves what they have been saying for many years. He stated the County needs to consider removing all the liens it has put on homesteaded property and amend the Code to not put any new liens on homesteaded property. He stated if the County causes people damages by putting an encumbrance on their property, they can sue the County, the Board, and Mr. Jenkins for damages; and there is no statute of limitations on those administrative hearings, so if the County has been doing this for seven or eight years, it can have seven or eight years worth of people who can come back as a class action suit. He stated the fines being raised in the new ordinance to $5,000 per day and $15,000 for something where there is irreversible harm is outrageous; and for anyone to vote on this would be political suicide. He stated the public will not stand for these types of fines; and it would be good to tell staff to follow the law as written.

Janis Walters stated the proposed ordinance offers significant amendments to the entire Enforcement Divisions of the Code, and not just to Section 2-173 as one might guess by looking at the Agenda Report. She stated with regard to Section 2-173, paragraph E, she requests the Board choose Option A, which is for no change. She stated Option B, limiting to two anonymous complaints with no violations identified is arbitrary without any underlying basis for the number and vague. She inquired how much investigation will have to be done to identify whether or not there is a violation, and who will perform the investigation and by what methods. She stated in paragraph C, the requirement for personal inspection on the part of Code Enforcement officers is being removed; this arbitrary limitation is subject to abuse on the part of Code Enforcement for discrimination, favoritism, or just plain laziness; and it is also subject to abuse by violators. She stated it would be possible to call in two anonymous complaints for non-existing violations on one’s own property and be left alone thereafter unless the complainant identifies him or herself; and that would be heaven for the neighborhood bully. She inquired over what period of time would Code Enforcement accumulate the two anonymous complaints and if there are intervening named complaints, when would the County reset. She stated the remaining items are discouragement for most people to come forward to report violations; Options C and E require affidavits, which puts the burden of investigation on the citizenry instead of on Code Enforcement; and Option C has already been written in the ordinance as an amendment on the Board’s copy. She stated Options D and E allow no anonymous complaints, which hinders the purpose of Code Enforcement to protect the health and safety of County citizens; sometimes an anonymous complaint is the only way to get a report of violations; and many people are afraid to step forward because they are afraid of becoming targets of scrutiny themselves or targets of retaliation. Ms. Walters stated Options D and E, which allow no anonymous complaints hinder the purpose of Code Enforcement to protect the health and safety of County citizens; sometimes an anonymous complaint is the only way to get a report of violations because many people are afraid to step forward. She stated Option F discriminates among citizens by arbitrarily determining who may make a complaint based solely upon whether or not one resides within 500 feet of the violations; and Option G provides for penalties against complaining citizens that could as likely as not be based on the quality of Code Enforcement’s staff’s performance in investigating the complaint; and that is unfair. She requested the Board leave it to the discretion of the County Manager to evaluate each situation on its own merits and reject the proposed amendment language, leaving Section 2-173(e) unamended. She requested the Board not take out the requirement for personal inspection by a Code Inspector to establish whether a violation exists; stated there are amendments proposed for Code Section 2-176, Administrative Fines, Cost of Repair, and Liens; and that requires serious thought and discussion. She stated it makes a change to the higher daily maximum fine structure; Florida Statute 162.092(d) requires a vote of at least a majority plus one of the entire governing body of the County or municipality to adopt an ordinance imposing the higher fine structure; and this amendment would seem to require a separate vote from the rest of the amendments, and should probably be advertised to disclose the specific subject matter and be heard separately. She stated the raising of daily fines should not be lumped in with clarifying language amendments. She stated paragraph b.3 is worded improperly; it states the special magistrate may reduce a fine pursuant to the Section until an order imposing the fine as a lien is recorded in the public records; Florida Statute 162 does not grant the special magistrate the power to issue an order imposing a fine as a lien; Chapter 162.09, paragraph 3, which contains the same language as Section 2-176(c) states a certified copy of an order imposing a fine or a fine plus repair costs may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon other real or personal property owned by the violator; and this is not the same as an order specifically imposing a fine as a lien, which is not authorized in Chapter 162. She recommended the paragraph be rewritten to conform to the language in the Florida Statute and in Section 2-176(c).

Commissioner Colon stated in regard to Chapter 162, that debate has been going on for quite a while regarding the liens and homesteaded homes; when she asks a City or County Manager or City or County Attorney something, she always gets an interpretation; and she is always uncomfortable in regard to that decision. She inquired if there is any rush on the ordinance or anything she is not aware of, and will the Board be able to keep looking at what is before it today. Code Enforcement Director Bobby Bowen responded there are a couple of items that are of most importance; a lot of the issues are legal issues; and he would like to defer to Ms. Jones to address those.

Commissioner Scarborough stated Commissioner Colon is heading to a tabling on this; he got a briefing from Mr. Bowen, but has not met with Ms. Jones yet; and he would like to spend a little more time on it and visit in person.

Assistant County Attorney Teri Jones stated the main reason this has come before the Board is the Article V changes; repeat violations were done through the citation process, which now requires a $10 filing fee; the loser pays $40 at a hearing; and the budget and General Fund do not have enough money to pay for these citations, which is why they were returning repeat violations to the special magistrate. She noted currently there is no way to enforce the repeat violations.

Commissioner Scarborough inquired if it is of such urgency that a week or two would be a problem. Mr. Bowen responded the Board just returned from vacation; this is a major issue he definitely wants the Board to understand clearly; and in the two-week time period they can talk about it with each Commissioner.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to continue the public hearing to consider an ordinance amending Chapter 2, Article VI, Division 2, Code Enforcement Procedures to the July 27, 2004 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Chair Higgs requested Mr. Lorenc’s and Ms. Walters’ comments be submitted in writing as that would be helpful.

PUBLIC HEARING, RE: ORDINANCE CREATING INSTITUTIONAL ZONING
CLASSIFICATION

Chair Higgs stated the public hearing to consider an ordinance creating institutional zoning classification will need to be readvertised.

The meeting recessed at 10:27 a.m. and reconvened at 10:39 a.m.

RESOLUTION AND COUNTY DEED RE: TRANSFERRING RIGHT-OF-WAY TO CITY OF
TITUSVILLE FOR PARK AVENUE ROADWAY IMPROVEMENTS

Commissioner Scarborough inquired if staff recommends approval; with Transportation Engineering Director John Denninghoff responding yes.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution and execute Deed transferring ten feet of right-of-way to the City of Titusville for the Park Avenue roadway improvements in District 1. Motion carried and ordered unanimously.

RESOLUTION OF NECESSITY, RE: PORT ST. JOHN PARKWAY/GOLFVIEW AVENUE
ROAD PROJECT

Commissioner Scarborough inquired if staff recommends approval; with Transportation Engineering Director John Denninghoff responding yes.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution of Necessity and authorize execution of Commencement of Condemnation Proceedings for the acquisition of Parcels 102, 801,103,104, and 105 in conjunction with the Port St. John Parkway/Golfview Avenue project in District 1. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: COMFORT STREET IN PORT ST. JOHN

Transportation Engineering Director John Denninghoff stated he attempted to contact the main petitioner on this item, and was unable to do so. Commissioner Scarborough inquired if they did not know this was coming up; with Mr. Denninghoff responding they knew it was coming up, but did not understand the second item on the second page as far as the number of speeding vehicles. Commissioner Scarborough inquired about contacting interested parties; with Mr. Denninghoff responding he was unable to do so. Commissioner Scarborough stated if this is not tabled now, the Board will be hearing from some people later; there are some problems with the numbers; and it would be better to discuss it than have it come back without comment.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to table consideration of speed hump request on Comfort Street in Port St. John to July 27, 2004. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: BAYFIELD STREET IN CANAVERAL GROVES
SUBDIVISION

Chair Higgs inquired if Mr. Hernandez wishes to speak to the item; with Al Hernandez indicating he is in favor of the speed hump request.

Commissioner Scarborough stated on this item, staff has the numbers; with Mr. Denninghoff agreeing.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve installation of speed humps on Bayfield Street, between Alan Shepard Avenue and Dakota Avenue in Canaveral Groves. Motion carried and ordered unanimously.

PUBLIC INTEREST DETERMINATION, RE: PROPOSED MAINTENANCE DREDGING OF
EASTERN END OF FINGER CANAL OFF LAKE WASHINGTON (A/K/A EVINRUDE
CANAL)

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to approve a public interest determination for the proposed maintenance dredging (aquatic plant management) of the eastern end of a finger canal off Lake Washington (Evinrude Canal). Motion carried and ordered unanimously.

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

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

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to execute Amendment to Existing Contract with ARCADIS Geraghty & Miller for one additional year for engineering services associated with site restoration services to the Melbourne and Merritt Island Airports. Motion carried and ordered unanimously.

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

DISCUSSION, RE: COMPOSITION OF INTERNAL AUDIT COMMITTEE

County Manager Tom Jenkins stated there is a vacancy on the Internal Audit Committee; there are two options; they can seek applicants like they did before; or they can restructure the committee like the School Board did to consist only of five qualified business people. He stated at the School Board the elected officials and staff are ex officio members; but he would not recommend that because it has Sunshine Law implications in terms of the communications. He stated staff can still attend the meetings and participate, but would not be part of the audit committee.

Commissioner Pritchard stated he asked Michael Raphael, who is on the School Board audit committee, if he would appear and speak briefly about the benefit of copying the methodology of the School Board; but he never dreamed to get to this item this early; and he asked Mr. Raphael to come at 3:00 p.m. He requested the item be postponed to allow time to contact Mr. Raphael.

Chair Higgs stated the Board will take no action on it; and suggested Mr. Raphael could be heard in August. Mr. Jenkins stated Mr. Raphael is going to speak in favor of the School Board option; and if the Board supports the option, it can save Mr. Raphael the trip. Commissioner Pritchard stated it is a matter of not discussing the item at this time. Commissioner Scarborough stated he would be interested in getting the personal input; and recommended discussing the item later in the meeting.

CITIZEN REQUEST - CHIEF BRIAN LOCK, JAC ADVISORY BOARD; CATHY LAKE,
DEPARTMENT OF JUVENILE JUSTICE; JIM ROSS, CROSSWINDS YOUTH SERVICES;
AND WILL JONES, CROSSWINDS YOUTH SERVICES AND JAC ADVISORY BOARD,
RE: JUVENILE ASSESSMENT CENTER

Commissioner Pritchard stated it shows $54,920 as startup costs; and inquired what they are for; with County Manager Tom Jenkins responding previously the Board was operating the Juvenile Assessment Center (JAC) at the Sarno Road facility; based on the recommendation of the Advisory Committee, the Board temporarily suspended operation of that, asking for a preferable alternative where the Center could operate seven days a week, 24 hours a day; and the Crosswinds organization has come forward and said if the County would relocate the facility to its existing facility in Cocoa, it would have the resources to complement what the County and State are contributing to the JAC. He stated Crosswinds has offered to operate it seven days a week, 24 hours a day; the Chief of Police Association has endorsed it; and Representative Mitch Needelman has been working hard to get the State to continue its funding. He stated the County had $234,000 budgeted in the current year, which it has not been spending because it closed the JAC down based on the earlier recommendation; Crosswinds is asking for $55,000 of that money; and it is asking the County to continue the funding in next year’s budget at $234,000. He stated if the Board wants to continue operating the JAC, the funds are there to do it; and this is an opportunity to have Crosswinds operate the JAC at its existing facility in Cocoa. Commissioner Pritchard stated he thought the Board talked about having two facilities; and this is getting back to one facility although it is closer to the jail. He stated because it is on the south side of Cocoa, there might be an opportunity for the southernmost municipalities to come to the facility, and then transportation could take place; and the effect on the municipalities to the north would probably be negligible. Mr. Jenkins stated it actually enhances the location for north and central; and it is the ones at the southern end of the County who will now have to drive to Cocoa as opposed to Sarno Road; but the Chiefs of Police are strongly supportive of the JAC concept and agree if that is the compromise they have to make in order to have one open seven days a week, 24 hours a day, they are willing to drive to Cocoa. Commissioner Pritchard inquired if similar comments were made by the municipalities and Chiefs of Police many years ago, but then the facility was not well utilized; with Mr. Jenkins responding yes. Mr. Jenkins advised the conclusion of the report was that the way the JAC was operating within limited hours was never going to be effective, and that to be effective it needed to be open seven days a week, 24 hours a day; and from a financial standpoint, the only realistic option to operate it on that basis is to let Crosswinds do it at its existing facility. He stated the reason Crosswinds is able to do this is because it is already open; it will take additional resources to provide the additional service; but it is able to absorb a lot of the cost because it already has the facility, open and manned. He stated if the County is going to have a JAC, this is the most practical way of doing it or the County will not have one. Commissioner Pritchard inquired when will the $55,000 startup cost get the program to begin and when will payment be expected for the fiscal year. Mr. Jenkins stated they are looking for $54,920 this fiscal year, and $234,000 will start effective October 1. Commissioner Pritchard inquired if the $54,920 would start up the program today; with Mr. Jenkins responding he cannot answer that question. Housing and Human Services Director Gay Williams stated the $54,920 would be used to modify the existing campus; and they would open October 1. She stated they need the startup dollars to support the reconfiguration of the campus to open up for services.

Chair Higgs stated according to a memo she received, the County is going to need $647,000 in additional Medicaid match for this fiscal year; and inquired if it has been identified how they are going to make that payment. Mr. Jenkins responded yes; as Mr. Rogero made the reduction from cash forward so next year’s budget is predicated on pay that out of existing revenues this year. Chair Higgs inquired if it is out of General Fund revenues; with Mr. Jenkins responding yes.

Commissioner Carlson stated she does not have a problem with Crosswinds taking over the JAC; the 24-7 operation is the clincher for the existence of the facility; it will promote everyone using it; but her concern is she does not see anything regarding performance standards. She stated the Board set a high bar for the CBO process; and she would like to see the same measurable outcomes negotiated. She stated it needs to be managed in a similar manner as the Board monitors and oversees the CBO contracted agencies; and some measurability is needed for accountability purposes. Mr. Jenkins stated that can be negotiated between now and October. Commissioner Carlson recommended using CBO as a template.

Chair Higgs stated there is money for this year’s Medicaid match; and inquired if staff has anticipated the additional amount in next year’s budget that would be required based on the escalating cost. Mr. Jenkins stated it has been increased by $900,000 for next year. Chair Higgs inquired if that is a realistic number; with Mr. Jenkins responding they hope so.

Commissioner Colon stated a lot of the things that have come up are very good questions because of the history; she has been the liaison for the last four years; and the biggest problem was the fact that South Brevard was not able to bring the kids in at the time when they were getting in trouble. She stated the partnership is really the way to go, leveraging dollars with Crosswinds, the State, and the County; those dollars are there; and it is just a matter of getting Crosswinds to do it. She commented on performance standards; stated the Board will be pleased with what it sees from Crosswinds; and Crosswinds would have no problem making sure the accountability is there. She stated she is excited that the Chiefs of Police Association is on board; this has almost been like a County project; and they have been trying to get the Sheriff’s Department and the different police departments to concentrate on whose responsibility it is to protect the children. She stated this is an opportunity, when a child gets in trouble, to be able to assess the child versus locking them up and throwing away the key; they realize the problems children are having at home and that the problem is bigger; but once they assess the child, they can give him or her the tools needed to be able to help him or her and the families. Commissioner Colon stated this money is very well spent; they want to make sure they are not robbing Peter to pay Paul; this is about the children; and they finally have a consensus and team effort that was not there before from law enforcement.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to approve $234,094 for operating costs for the newly reconfigured Juvenile Assessment Center (JAC) for FY 2004-2005; and approve startup costs of $54.920 for Crosswinds Youth Services out of FY 2003-2004 unexpended monies for JAC secure services.

Chair Higgs stated she is concerned that the Board is making budgetary decisions outside of the budget hearings and not looking at all the priorities it is going to have in the budget; her priority this year is insuring there are an adequate number of people at the jail; and she is concerned about moving forward on this expenditure until there is some agreement on how the Board is going to handle that, so she will vote no today.

Commissioner Colon stated she agrees with Commissioner Higgs; and withdrew her motion so it can be discussed during the budget hearings. She stated that is the best approach; she supports it; and all items should be done during that process.

Commissioner Carlson stated she agrees with going ahead and doing it, and having everyone who is asking for money come in so the Board can align the priorities.

Commissioner Scarborough stated he visited the jail; Commander Futch showed him an entire pod with two juveniles in it; and Commander Futch was trying to arrange to have them moved to another area. He stated the redesigning of systems, as the Board is going to find from Carter Gobles, is going to look at how the facilities are used; and in this context the JAC goes to the issue of systems and how to make things work. He stated he hopes by deferring this that the Board is not questioning its wisdom.

Chair Higgs stated the young people at the jail may not fit into the category being discussed; she is not sure that works all together; and she wants the Board to look at all of its priorities.

Commissioner Scarborough stated intelligent intervention is a methodology in making the systems work where there is less capital expenditure and less operating cost; and catching them early makes a lot of sense.

Commissioner Carlson stated reevaluating the system is a critical piece; and that is what they are attempting to do in terms of the JAC and the jail.

Chair Higgs stated the motion has been withdrawn; and this will be dealt with during the budget process.

Commissioner Colon stated she agrees with Commissioner Scarborough; what he is bringing up is critical because it all goes together; they do not want these children in the jail; and it is crucial to talk about the jail to make sure they are not adding to the problem. She stated based on what she heard from the Board, there is support; they are not questioning that; but it would be more prudent and appropriate to discuss it in the context of all expenses that are going to brought up in the budget process.

CITIZEN REQUEST - ANNE SCHAPSON, RE: LOUD AND RAUCOUS TROPICAL BIRDS
IN CANAVERAL GROVES

Anne Schapson stated she would like to speak to the Board about the loud raucous screeching of the birds next door to her residence; and submitted a letter to the Board, but not the Clerk, from a neighbor also experiencing the problem with the birds. She stated she and her husband have lived in Canaveral Groves for 17 years; but the past five years have not been good. She stated five years ago the resident next door moved in with 15 to 16 dogs; they put up with that for about four years and never said anything; but now they have birds with breeding cages; and they have had loud screeching birds for nine to ten months, making their lives miserable. She played a tape of the screeching birds. She stated they screech at daybreak every day for three or four hours; and it is not as bad at night; but there are one or two birds that screech all through the night.

Commissioner Carlson inquired if the tape recording was made inside or outside of the house; with Ms. Schapson responding it was taken from her bedroom doorway, which is approximately 90 feet from the cages. She stated she has been back and forth between Animal Services and Code Enforcement; and there is one Code that negates every other code that pertains to loud and raucous noises; and that is the Animal Services section that exempts exotic birds. She stated she and her husband do not understand how they called about a barking dog and a letter was sent; but they are told that the exotic birds are exempt and nothing can be done. She inquired how can a loud barking dog constitute a nuisance, but this racket does not; and stated that does not make sense. She stated their lives have been changed dramatically; their children who live in Ft. Lauderdale come to visit, and cannot sleep; they cannot go to bed early; they cannot sleep in the morning; and their friends and guests who come to stay overnight cannot sleep. She stated she is a writer and works out of an office in her home; and it is disrupting to her work. She stated she and her husband like to sit over coffee in the morning and talk about the current events on the news; but they cannot do that because they have to turn the TV so loud to drown out the noise. She stated she has been told her choices are to give up the home that they built to retire in or live in misery; and that cannot be right. She stated making something legal does not necessarily make it right; and her last resort was to call Commissioner Scarborough’s office. She stated as a writer they live a solitary existence and do not get out much; she is not used to being out in the world doing this; but she is at the end of her rope. Commissioner Scarborough inquired what does Ms. Schapson write; with Ms. Schapson responding she writes romance suspense novels and her first novel is out right now.

Commissioner Scarborough stated the Board spent a great deal of time talking about this; and it was most contested. He stated it was one of the more complex things; this is of concern to the Board; but it is just leaping into it at this moment. He stated he would like for staff to provide a report concerning what the Board did and some of the reasoning presented concerning noise and exotic birds; there is a strong group of bird breeders in the County because this is an area of the United States that can breed birds and there is a lot of money to be made; and when this issue comes up, the Board should be prepared for an extended discussion. He stated a discussion of the Ordinances and the reasoning presented previously would be beneficial to the Board; and if the Board could have the report come back, it could then schedule it for a subsequent time after the Commissioners have a chance to read it and understand the dynamics. He stated he does not think it will take long to do it; but the Board is just coming back from the break, and rather than scheduling it for a certain meeting, it may be best to schedule it after the report comes back.

Ms. Schapson stated those who live in her area of Canaveral Groves laugh that it is zoned agricultural because it is like Port St. John with bigger lots; it is residential; there are many problems with the residence next door; and it is having a profound effect on their lives. She stated they could not afford to replace their home in today’s market; her husband will retire in a year from the Post Office in Titusville; and they do not want to uproot, give up their home, and start over somewhere else. She noted they moved from Ft. Lauderdale to get away from the racket.

Commissioner Pritchard stated he can sympathize with Ms. Schapson’s plight; it sounds like a business is being run in a residential neighborhood; there were 15 dogs when the County has a limit of four; and now there are birds, cages, and noise. He stated there is apparently nothing the Board can do in the meantime; and inquired if this is going to be a viable business raising birds, should it not be in a more appropriate location than in a residential neighborhood. Code Enforcement Director Bobby Bowen stated it is zoned agricultural; the Code he is responsible for enforcing is Section 46, where birds are not exempt; however, under the Animal Control Ordinance, Section 14, they are exempt; and that is where the problem is.

Chair Higgs stated these all work together and the Board needs a report.

Commissioner Scarborough stated it would be helpful to have a report; and if the Board advertises a change in the Ordinance, it will entail a very heated argument if it is anything like what the Board went through on multiple occasions.

Commissioner Carlson inquired if the Board is talking about bringing the item back with a summary of what has happened in the past for discussion only; with Commissioner Scarborough responding he would like to receive the report, and after the Commissioners are comfortable with it, they can go ahead and look at some legislative intent. He stated one of the problems that Mr. Bowen is referring to is that an agricultural pursuit can encompass the raising of birds; but there is a difference between an exotic bird, which makes a tremendous amount of noise, and goats or something of that nature.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct staff to fast track a report on options the Board can consider to correct the situation brought forward by Anne Schapson concerning loud and raucous noise made by her neighbor’s exotic birds and a summary of past action on the subject. Motion carried and ordered unanimously.

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

DISCUSSION RE: PRIVATE DOG PARKS

Chair Higgs stated she had asked to get a report from staff concerning private dog parks; and requested a motion.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct staff to provide options and conditions for the Board to consider allowing private dog parks. Motion carried and ordered unanimously.

CITIZEN REQUEST - HEIDI BRANDOW, INCUBATOR NETWORK DIRECTOR, RE:
FUNDING REQUEST BY TRDA FROM BREVARD COUNTY TO SUPPORT UNIVERSITY
PARTICIPATION IN THE MELBOURNE BUSINESS INCUBATOR

Heidi Brandow stated she is present to talk about the business incubation center program that is being developed in Melbourne; they met individually with each Commissioner to explain the program; and they are excited today that the University of Central Florida and Florida Tech have indicated a desire to participate in the incubation program, so they are asking the County to consider assisting and funding that effort. She stated they are asking for $200,000 a year for five years from the County, which will secure for both universities the infrastructure to turn local ideas into local jobs. She stated TRDA currently houses the Florida Nasa Business Incubation Center in Titusville; and in the last eight years, they have been able to assist 30 companies provide for over 150 jobs, which have created $25 million in annual revenue and launched 15 new products. She stated what is exciting about UCF and Florida Tech is in the last four years, UCF in particular has created over 70 companies that created over 500 jobs with a $150 million economic impact; and that is the kind of activity they want to bring to the Melbourne Center, which will be located at 1200 West Nasa Boulevard. She stated the most important thing about the project is the leveraging they can get from the university involvement; incubation programs have a long history of success when coupled with a university program because of the intellectual capital and the funding opportunities; Florida Tech has said in a letter that over $800,000 worth of resources from Florida Tech will be brought to the Center, in particular their small business contracting software program; and they are excited that both UCF and Florida Tech have a desire to participate in what can be an entrepreneurial hub of activity in the County. Ms. Brandow stated they want to offer the County an opportunity to play a major role in that participation; some of the funding elements are already in place; and the City of Melbourne CDBG funding has committed a third of its budget toward this project. She stated a part of the incubation program will include an outreach component where they will go out to the neighborhoods and communities surrounding the incubator and outreach to those people to help them establish micro-enterprise programs. She stated she is sure the County is concerned about return on investment; through their studies and investigation with the National Business Incubator Association, they found that for every dollar of public investment there is a return of $4.96; and a proposed sketch is included in the packet so the Board can envision what they are envisioning for the program and the buildings. She stated additionally there are some articles about the proposed project as well as copies of the letters from the University of Central Florida and Florida Tech. She stated the most exciting thing is that they have a desire to come inside the incubation program; it makes sense to have all activities under one roof rather than people spinning off on their own having four or five different activities going on; and they can create a world class entrepreneurial center that will be nationally recognized and modeled. She stated the Board has her contact information; and she is prepared to respond to questions. She requested the Board consider the proposal and take it to the Budget workshop for discussion.

Commissioner Scarborough recognized Frank Kinney; and requested he explain the term incubator.

*Commissioner Colon’s presence and County Attorney Scott Knox’s absence were noted at this time.

Frank Kinney stated the whole intent is to create jobs in the community and try to harness the energy at Florida Tech; at the University there is new leadership with Tony Catanese as President; and he is very aggressive as far as trying to get the University into the business of economic development. He stated the UCF incubator was selected the number one incubator in the entire nation by the National Business Incubator Association; and the challenge is to bring those resources together in this facility. He stated NASA is involved in this project; there is approximately $4 million of NASA funding that is going to brought to bear on this issue; and they have applied for a $1 million grant from EDA that has invited them to submit a formal invitation, which means they are likely to receive that funding. He stated it is going to be a gorgeous facility, the kind of facility needed to get the small startup businesses off the ground and to harness the two universities in the region. He stated the process is already happening, but this will accelerate it; they will take Harris, Grumman, GE, and all the others that surround the incubator site and try to accelerate the growth of the spin-off companies to try to create more jobs in our own backyard. He stated they will also reach out to those communities outside the airport to try to bring people into the process and help them start businesses or find jobs with businesses locating within the incubator facility. He advised it is all about business startup and creating wealth.

Commissioner Colon stated there is some talk in regard to Palm Bay having the same thing happening with the Chambers of Commerce; and inquired if Ms. Brandow or Mr. Kinney have heard anything about that and is there a partnership between the Palm Bay Chamber of Commerce and the incubator.

*Mr. Knox’s presence was noted at this time.

Mr. Kinney stated Dave Kershaw, Deputy Director of TRDA ,had some discussions with the City. Dave Kershaw stated he has not heard anything about this latest idea; but he did a briefing approximately a year and a half ago as to the plans; the option was laid out in front of them to be involved in the project; and Chambers of Commerce do operate incubators across the County as do public agencies such as TRDA.

Commissioner Colon stated she has not had an opportunity to speak to the Palm Bay Chamber of Commerce in regard to it; but it is a good thing and something that needs to be fostered in the community. She stated she asked the City, but Palm Bay did not know anything about it; and inquired if there are supposed to be partnerships with municipalities and counties to go after the grants. Mr. Kinney responded it is absolutely about partnerships; there is more availability of money as far as building this type of initiative; and this is a regional approach, not just a Melbourne incubator, which is why the involvement of Palm Bay, Cocoa, and Titusville are important. He stated they are trying to promote more than just the City of Melbourne; it is great to see the City has gotten on board; but they helped set up incubators at other locations around the State as well, so this is not their first foray into this. He stated they provided the initial funding and helped get the UCF incubator set up in Orange County at the Research Park as well as ones in Jacksonville, Tallahassee, Martin County, and in the Florida panhandle. He stated they are heavy into the incubation business; they only had the activity located at the Titusville campus of BCC, which they are going to continue to operate; but now they are trying to bring it down to the south part of the County to take advantage of all the activity that is already happening there, which they can greatly accelerate. He stated it has been more challenging in the north part of the County but the impacts have been important; and they expect great things to happen in South Brevard as well.

Commissioner Carlson stated this is a great partnership; bringing all the resources together is obviously the best way to go; with the things that have happened in Titusville and in Orlando with the successes there, it is a great leveraging opportunity; it is wise that the City of Melbourne is using its Community Development Block Grant (CDBG) funds; and that might be something the County could consider. She inquired how much does the County get on a yearly basis for CDBG. Mr. Kinney stated Ms. Williams has been very cooperative in this venture; the County had some involvement; and he was remiss not to mention it. He stated a year and a half ago they approached the County and were able to get some participation on the feasibility
study; the County put $25,000 into the feasibility study; and they matched that with $25,000 of their own funds to go out and make sure this was an idea whose time had come for South Brevard. He stated they are building this based on the blueprint that was developed a year and a half ago with the County’s participation.

Housing and Human Services Director Gay Williams stated the award to the County is $1.9 million; but of that presently they were able to have HUD agree to an entitlement for $300,000 that goes off the top to finance a project in the Sharpes area. Mr. Jenkins advised that leaves it at $1.6 million.

Commissioner Carlson inquired if this could be brought back at the budget meeting with the possibility of funding it with CDBG funds for FY 2004-05. Mr. Jenkins stated the CDBG funding is done in a different cycle because it is a federal program; and he believes it is coming back next week. Ms. Williams stated in addition to looking at that possibility, there are 21 projects already going with CDBG dollars; those funds are allocated to those projects as well as to the Board-approved neighborhood planning for the strategy areas; so those limited dollars have already been appropriated. Mr. Jenkins inquired if they have been finally appropriated; with Ms. Williams responding they are bringing the plan to the Board next week, but the projects are already on the books. She stated the Board approved 21 of the projects and the neighborhood plan for the strategy areas; the consolidated plan continues to update what they are doing with the dollars; but those funds have gone to those projects. Mr. Jenkins inquired if the projects are already underway; with Ms. Williams responding yes.

Chair Higgs stated she agrees that it needs to come back as part of the budget process; incubators have been successful; it is a great idea; and the Board needs to look at it in the budget as part of all the priorities.

Commissioner Pritchard stated the CDBG funds were $1.6 million; with Ms. Williams responding yes. Commissioner Carlson noted it was $1.9 million to start with, but $300,000 came off the top. Commissioner Pritchard inquired if Ms. Williams has any idea what the cost of the 21 projects is; with Ms. Williams responding she does not have that information with her. Commissioner Pritchard stated Commissioner Colon mentioned the City of Palm Bay and its possible intervention into this; in looking to lessen the County’s exposure, he would like to look for more partners; the return on investment of five-to-one is not bad; the incubator program is necessary; and he has known some businesses that participated, did well, and stayed here. He reiterated he is interested in developing other partnerships; and if Palm Bay and others are interested in doing that and lessening the County’s exposure, that would only sweeten the pot. Mr. Kinney stated they will explore that with the City of Palm Bay before the County’s budget hearing.

Commissioner Colon stated the City of Palm Bay is not doing anything in regard to an incubator; what she has heard is that the Chamber of Commerce has initiated it; and that is why she was wondering if there was any partnership there or anything like it. She stated it is not the actual City itself; and Mr. Kinney and Ms. Brandow may want to find out if there is anything happening in the community.

Commissioner Carlson stated the universities are bringing a lot of their resources to the table; and requested Mr. Kinney and Ms. Brandow ask if there is a way that the resources can be capitalized on to save money by leveraging the partnership and are there any matching dollars they can bring that could be matched with other dollars. Mr. Kinney responded they will also bring that information back for the budget workshop.

APPROVAL TO APPLY AND ACCEPT GRANT FROM BUREAU OF JUSTICE ASSISTANCE,
DEPARTMENT OF JUSTICE, EXTEND LLEBG ADVISORY BOARD, AND EXECUTE
AGREEMENTS, RE: LOCAL LAW ENFORCEMENT BLOCK GRANT FOR SHERIFF’S
DEPARTMENT

Assistant County Manager Stockton Whitten stated this is a request for a General Fund match; it was originally on the Consent Agenda; but the Board has been considering those under New Business, so it was moved to New Business.

Chair Higgs inquired if it is a total $10,796 in General Fund money; with Mr. Whitten responding the General Fund match is $6,120.

Sgt. Wayne Butler stated he is present to respond to questions.

Commissioner Pritchard stated the Sheriff has $10,796 that he is requesting the County match; with Sgt. Butler responding that is not correct. Sgt. Butler stated the match for the Marine Institute project comes from them; the match for the drug court comes from a variety of people; but it is not being requested from the General Fund. He stated the Public Defender’s office is part of it as well as other areas of government; the Crosswinds match comes from that institution; and the match they are requesting in General Fund is $6,120. Commissioner Pritchard stated he was reading it all in one lump, but the question is the same; and inquired since it is such a small amount of money in terms of a $70 million budget, can $6,120 not be found within the Sheriff’s budget. Sgt. Butler stated it has to be new unbudgeted money over and above what they had last year in order to qualify as a match for the grant.

Chair Higgs inquired if the money they are asking for is allocated in the budget for 2004-05. Sgt. Butler responding it would be in this year’s budget, and the award would be available within the next couple of months. Chair Higgs inquired if it would come out of Contingency.

Commissioner Pritchard inquired if Sgt. Butler is saying that even if they had known about this, they could not have budgeted it because it would not have been considered new money; with Sgt. Butler responding not unless it was budgeted specifically for this grant as a match. Commissioner Pritchard inquired if this has ever come up before; with Sgt. Butler responding the Local Law Enforcement Block Grant (LLEBG) is a formula-based award that the County gets every year; but they never know how much of that they will be getting. Sgt. Butler noted it was cut in half from last year, from $200,000 to less than $100,000; and there is a public hearing process where projects are heard and the Advisory Board decides funding levels for those projects, so they never know how much they will get, if any, because the Advisory Board makes that recommendation.

Mr. Jenkins advised if it is to come from General Fund Contingency; with Chair Higgs responding yes.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve matching funds of $6,120 from the General Fund Contingency; authorize the Sheriff to apply and accept the 2004 Local Law Enforcement Block Grant (LLEBG) from the Department of Justice, Bureau of Justice Assistance; extend the authority of the LLEBG Advisory Board established by Resolution 97-208, and reappoint the existing members or their designees through September 2004; and authorize the County Manager or his designee to execute all agreements pertaining to the grant. Motion carried and ordered. Commissioner Colon voted nay.

AMENDMENT TO BINDING DEVELOPMENT AGREEMENT WITH COUSINS
DEVELOPMENT, RE: THE AVENUE

Chair Higgs inquired if Commissioner Carlson opposes the Amendment to the Binding Development Agreement with Cousins Development. Commissioner Carlson responded they want to bring on an additional item and they will explain that. Chair Higgs inquired if it is the lighting issue; with Commissioner Carlson responding yes. Chair Higgs inquired if Commissioner Carlson opposes that; with Commissioner Carlson responding no. Commissioner Carlson stated the Board needs to readdress the Code based on the interpretation; there are some inconsistencies; and that is why Mr. Rutte wishes to address the Board. Chair Higgs stated the Board understands the inconsistencies; and inquired if staff agrees nothing can be done until the Board addresses the Code. Assistant County Manager Peggy Busacca responded that is correct. Commissioner Carlson inquired if the Board can waive the lighting issue and address the Code after the fact because they are waiting to install lights at this moment. Chair Higgs inquired if they are asking for a waiver of the Code, rather than a change to the Code. Commissioner Carlson stated it is an interpretation. Ms. Busacca stated she is unaware of any waiver provision in the Zoning Code that would allow what they are asking; and the language of the Ordinance is pretty cut and dried. Commissioner Carlson stated she does not think this is something that would take an extensive amount of time to look at and bring forward; but they are on a timeline, which is why they chose to come forward on this. She stated they need three items; and she does not have any problem with it. County
Manager Tom Jenkins stated it will take two months because it has to go to the LPA. Commissioner Carlson inquired about alternatives. Ms. Busacca stated if the Board would like to hear this item later in the meeting, she and Mr. Knox could discuss it because it was not brought to staff’s attention that the applicants wanted to do that; so there has not been a lot of research.

John Rutte stated George Ritchie and Rick Enos suggested they try to fix it through an addendum to the Binding Development Agreement because they are forced to literally interpret the Code, which does not appear to have intended to allow lights to be pointed straight up or straight down and not angled at architectural elements or landscaping.

Commissioner Carlson suggested Mr. Rutte meet with the County Attorney and after the break they will readdress it to see if there is some language that could be included in the Binding Development Plan. She inquired about the timeline; with Mr. Rutte responding they are opening in about three and a half months and all the lighting fixtures need to be ordered and installed. Commissioner Carlson inquired if it is not so much the fixtures but how they are angled; with Mr. Rutte responding yes.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Binding Development Agreement with Cousins Development, as amended to include: (1) private driveway easements for vehicular access to lots, tracts, and parcels; (2) outdoor seating at restaurants; and (3) positioning of kiosks or exterior retail merchandising units; within the courtyard of The Avenue. Motion carried and ordered unanimously.

PUBLIC COMMENT, RE: INTRODUCTION

Evelyn Morrison stated she is newly relocated to the Melbourne area, and wants to introduce herself to the Board. She stated she is interested in local government and has served on various boards and on juvenile projects and programs; and she is a willing citizen offering her services and support to the County. She stated she brings to the table good creative talents and skills, education, and compassion.

Chair Higgs requested Ms. Morrison send each Commissioner a resume; stated as opportunities come up, they will have the resume; and the Board loves having volunteers.

The meeting recessed for Executive Session and lunch at 11:33 a.m. and reconvened at 1:02 p.m.

DISCUSSION AND CONCEPT APPROVAL OF COMMERCIAL PAPER LOAN AND
RESOLUTION TRANSFERRING DEED FOR REAL PROPERTY AND OTHER
RESOURCES, RE: NORTH BREVARD ALZHEIMER’S CENTER

Joe Steckler stated he has been coming to the Board for a long time briefing it on what is needed to take care of people with dementia in Brevard County; and so far there is a wonderful partnership going. He stated the County helped then in Central and South Brevard; and now they are asking for help as a third partner in the partnership in Titusville. He presented slides; stated the three operative words in their program mission are education, respite, and support; and by having a new center in Titusville, there will be a briefing room, a conference room, and an education room to do the things they are unable to do there now. He stated Brevard County now has over 500,000 people; almost 95,000 of them are age 65; and Brevard County is the seventh oldest county in Florida in terms of people over the age of 65 and 24th in the United States. He noted Brevard County is now the 120th largest county in the nation of 31,041 counties; and that is significant and a fact the Board cannot escape. He presented a slide showing the services throughout the County; stated they have done as well as they could in Titusville, but they could do more; and the center will help them do more. He stated the services help not only the person with dementia, but the family caregivers taking care of the people that have dementia; and in Titusville last year they gave 52,000 hours of daycare and respite care to an average of 34 clients a day in the two 20-person centers. He stated one center is a garage warehouse that the County gives them for $1 a year; they take care of 20 people there; and the other is an old facility that Parrish Medical Center helped them rehab six years ago, where they also take care of 20 people. He advised those are not cost effective centers; they were able to provide 52,000 hours of service; however, with a new center, they could almost double that to 89,000 hours and do everything else better. He stated over 60% of the revenue that they raise on an annual basis is raised from the daycare programs to help people; by having a good daycare, they can increase the number of people they can serve; and the fact that the State just made available $68 million in new care dollars should strike a real awareness of what they can do to help people in the County. He stated if they do not have the facilities, structure, and capacity to take care of people as new money becomes available, they will not get that money; that is what happened to Brevard County through the years; and they have been trying to play catch-up and make themselves the recipient of new State care dollars. He inquired why should they not have the facilities to take care of people as new money becomes available; and advised of the legislative history, trying to get State help. He advised the State helped a little with the first center; it helped a great deal with the Micco Center; but they have been shot down for four years for the Titusville Center. He stated they thought the State was going to help; but the $400,000 they requested from the Delegation evaporated to $80,000; and Governor Bush completely eliminated it with his pen. He stated a local funding partner, such as they are asking Brevard County to become, was the Parrish Medical Center, which gave them $140,000 as well as the $80,000 that Governor Bush vetoed; and the total project cost is $600,000.

Chair Higgs advised Mr. Steckler’s time has expired.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to allow the speaker more time. Motion carried and ordered unanimously.

Mr. Steckler advised they have a funding partner and a private family gave them $100,000 two and a half years ago; but if they do not complete their funding package by September 30, 2004, they will lose the $100,000. He advised the Parrish Medical Center funding is contingent upon the County becoming a partner in this endeavor; the Brevard Alzheimer’s Foundation has $140,000 that it will put to this project; and requested the County becoming a funding partner and carry out the requested action, which is the donation of $140,000. He stated the donation of the land has already been identified; he has been working with staff on it; if they need fill dirt, there is fill dirt available; and the County will do the survey for them. He stated there is the possible need for parking lot assistance, which staff has advised it could do; so they would like to start the project in October 2004. He stated they are on track; and the Board’s conceptual approval of the plan would help them get started. He stated as Chairman on the Commission on Aging, he was asked to open the ceremony last Thursday where J. B. Kenna talked about the consolidated plan; there were 17 people present outside of staff; and those 17 people were given six dots each, three red and three blue, and told to put the dots in the areas they felt were most significant. He advised there were seven major areas with 67 sub-areas under them; and the areas dealing with daycare, respite care, keeping people out of nursing homes, special needs, and home repairs received 57 of the 102 markers, so people recognize there is a need for helping all of us become partners in the care of the elderly.

Commissioner Colon stated she is happy to see Mr. Steckler today; this morning the Board was talking about Community Based organizations concerning children and a lot of things; and slowly the County is becoming partners with other organizations that have to do with the youth. She stated today would be a perfect opportunity to bring the Alzheimer’s Foundation from an organization that used to be part of the whole CDBG process, which it continues to be, but also a permanent partnership that needs to be there. She stated that is something she would encourage; this morning the Board talked about being careful regarding funding because it is in the process of discussing the budget and does not want to make any permanent commitments until it actually determines the budget; but this is something that is dear to her heart, and she cannot thank Mr. Steckler enough for always taking the time to lead the community. She stated this is an opportunity for the Board to show leadership; and when it comes to elected officials, the only way they can prove that is through the vote.

Carol Anne Aceto stated she worked in former Commissioner Ellis’ office and for Brevard County Parks and Recreation Department; but she comes today as a caregiver. She stated when she was in Commissioner Ellis’ office, the property for the Brevard Alzheimer’s facility on Wickham Road was given by the County; and she never thought that years later she would use those facilities. She stated she was a good worker for the County, but had to resign because her mother came down with Alzheimer’s; her mother lives with her; and at first she went to the facility twice a week, but now it is five days a week. She stated the way one sees one’s children and grandchildren progress is the way caregivers see their loved ones regress; and commented on her mother’s condition. She stated this issue is dear to her heart; and she brought a letter from the Tuesday Morning Support Group of the Brevard County Daycare Center known as Joe’s Club. She stated as caregivers and support group members of Brevard Alzheimer’s Foundation, they are fortunate to be able to utilize the daycare facility on Wickham Road in Melbourne. Ms. Aceto stated their extensive services allow some of them to continue to hold down jobs while providing outstanding quality, safe, caring, and happy environment as well as in-home respite care for their loved ones; and the support for caregivers allows them to continue with daily living free of stress. She stated they offer continued education in dealing with dementia of all types; her mother started with a stroke, but then was diagnosed with Alzheimer’s; and through the services, both family and community are strengthened because the diseases involve not only the affected person but family and the extended community as well. She stated they cannot adequately stress the importance of building a similar facility in North Brevard to provide daycare, support groups, counseling, education, and respite care for Alzheimer’s patients and their caregivers. She stated the Board’s act of kindness today in providing and approving these facilities along with adequate funding will transform the lives of families, friends, neighbors, and co-workers, and will allow this dream to become a reality. She submitted a letter and cards to the Board, but not the Clerk; and expressed appreciation to the Board.

Dr. Pat Manning stated the Board appointed her as its representative to the Parrish Medical Center Board; it is a wonderful opportunity; and the Board knows what PMC has done. She stated both of her parents died and she went through the same things Ms. Aceto is going through; and she was a teacher, a citizen of the County for 40 years, and taught at UCF training teachers how to teach. She stated she has been with the Brevard Alzheimer’s Association from the beginning; this is dear to her heart; and she is now in a study at Mayo Clinic for Alzheimer’s because undoubtedly it is going to happen to her. She stated she is going to get Nancy Reagan to come to the County to talk to the citizens about stem cell research because she believes so strongly in it; and thanked the Board for its consideration.

Kim Roberts, Executive Director of the Brevard Alzheimer’s Foundation, stated she is speaking on behalf of the organization and as a long-time Titusville resident; and she knows in her own family the dynamics and impact that Alzheimer’s can have within a family. She requested the Board’s support for the project; and stated while it is a senior issue, as Commissioner Colon alluded to, it is truly an intergenerational issue they are facing. She stated this morning she spent three hours with a mother with two very small children toying with the fact that she is probably going to have to resign from her job; she is trying to cope with two small children who cannot fathom the dynamics of what is occurring in the family; and this investment is about families as a whole. She emphasized when looking at the dynamics of this particular investment and project, it is not just about their organization; long before she became involved with the group or represented it in a staff position, she had an opportunity to do some things with them and for them in the community; and the thing that touched her was that it was not just about the people who come in, but that they are a community resource. She stated they invest time every day who will never be their clients because there is nothing else that provides the comprehensive network that the Alzheimer’s Foundation does from the minute someone finds out, walking them hand-in-hand through the very long journey. She stated it is a long difficult journey; they do it from start to finish in every capacity; and it is tremendous privilege to represent this organization. She stated it is a dramatic investment, but a tremendous partnership that has come together with an opportunity that at another time may not repeat itself, no matter how worthy the cause. She requested the Board consider the project and approve it because the impacts are not only in North Brevard, but multiplied out with the families around the community to complete the comprehensive network of services. She stated it was started long before she got here; and thanked the Board for its consideration.

Chair Higgs inquired what Mr. Steckler said about the timeframe in regard to the private group; with Ms. Roberts responding if they have not utilized it by September in a solid commitment to move forward, they will lose this opportunity. Chair Higgs inquired if that is September 1; with Mr. Steckler responding it is September 30. Ms. Roberts advised the Parrish commitment hinges upon the Board as well.

Commissioner Scarborough stated Brevard County has been very forward thinking with these projects; as Mr. Steckler indicated, they have gone to the Legislature four times; they believed Senator Howard Futch had the funding, but with his untimely demise, they lose it that time; and he sincerely believes the Delegation has done all it could. He stated there was a misread of the most fundamental nature in budgeting; Mayor Swank of Titusville commented on being pennywise and pound foolish; and if there is ever a pennywise, pound foolish item, he learned it when Ms. Williams talked about this project with him. He stated next year they are talking about adding between $900,000 and $1 million to the Medicaid contribution; and Ms. Williams advised him in excess of $1 million a year is for the elderly in nursing homes. He stated looking at Mr. Steckler’s numbers, they are talking about going to commercial paper; they are talking about using some County land near a place where they can easily put the logistics in at no cost to the County; and the County is only being asked to contribute $30,000 a year. He stated this is a win/win/win situation; families will remain intact; when the Board received statistics, the percentage of the population over 80 years of age was increasing 100% over ten years; and Brevard County is one of the fastest growing elderly counties. He stated the irony is it is $137 a day for an individual to be in a home; but if the Board puts $30,000 into this project, it will get money from elsewhere and divert the tremendous impact on the County budget. He stated if there is ever anything the Board can be proud of, it is this vote; and it is doing something that is humane, saving taxpayers’ money, and making things work.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve joining in the partnership with Parrish Medical Center and Brevard Alzheimer’s Foundation, Inc. (BAFI) to fund the construction of a North Brevard Alzheimer’s daycare facility, including transfer of two acres of surplus real property located at the North Brevard Service Complex to BAFI; provide $140,000 to BAFI for construction with funding provided by a commercial paper loan repaid over a 5-year period with Board of County Commissioners funding from CDBG or General Fund; other County Construction related resources as requested and available to include surveying, clean fill, construction management, demolition of paved areas, and paving of parking.

Chair Higgs stated she hates to make the commitment of the money, just as she was reluctant to do it earlier in the meeting; she has supported Mr. Steckler and the Micco facility; it is a wonderful asset to the Micco community as is the one on Wickham Road; but she would be more comfortable going ahead with the transfer of land and making the commitment in regard to the parking, and then look at the dollars when the Board looks at the budget. She stated she is committed to working it into the budget, but would prefer to look at it in the budget process.

Commissioner Scarborough stated the Board can work it in the budget; but there is currently a Parks and Recreation budget that is approaching $40 million; and it is inconceivable that there is not a justification for this item when there can be savings over the Medicaid contribution. He stated if they fail in this regard, they are being pennywise and pound foolish. He stated his motion stands. Commissioner Colon advised her second also stands.

Chair Higgs stated she feels just as passionately about this issue because she went through it with a member of her family, as others have; it is not something she takes lightly; but she wants to be consistent in her actions. She stated she would support the land and the assistance; but she would like to look at the funding issue as part of the budget, as she did with others.

Commissioner Pritchard stated all the Board is doing is postponing the inevitable if it holds back on this; when it goes through the budget process, it is going to get funded; and the Board should do it today and do it right. Chair Higgs stated the same argument could have been made in regard to some other things.

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

DISCUSSION, RE: INFRASTRUCTURE SURTAX REFERENDUM FOR CITY/COUNTY
TRANSPORTATION PROJECTS AND PURSUE INTERLOCAL AGREEMENTS WITH
CITIES

Commissioner Carlson stated it was put out to the community that the sales tax issue was going to be done at 2:00 p.m.; and requested the Board postpone it until after 2:00 p.m.

AUTHORIZE EXECUTION OF AGREEMENT, RE: GREAT OUTDOORS RV/GOLF RESORT
FIRE PROTECTION

County Attorney Scott Knox stated on March 16, 2004, the Board passed a motion that required the developer to post a bond, present an amendment to the DRI to provide for correction of the fire protection system, and present engineering plans to show how the fire protection system would be corrected; and subsequent to the motion and action, the developer has attempted to
comply with the requirements by submitting a proposed agreement, which incorporates several features, one of which is a mortgage that is a substitution for the bond. He stated he has looked at it and is comfortable with it; and the developer also submitted the DRI amendment and a set of conceptual plans for the engineering; so the issue that is before the Board today is whether or not those actions will satisfy the action taken in March 2004.

Chair Higgs stated she has a number of cards; many in the audience were with the Board on other occasions; and advised of the light system and the time limits. She requested speakers address the issues before the Board and not be redundant; and she will move through the cards in the order in which they were submitted.

Bob Wilcox, Manager of the Community Services Association (CSA), submitted paperwork to the Board, but not the Clerk; and stated he hopes they are going to move forward with getting a lot accomplished, but he is beginning to wonder as to the real reason why they are here. He stated after March 16, they did not hear much as far as any developments until Commissioner Higgs received a letter dated March 29 from Jim Swann; and in that letter he requested clarification from the County as to its position on what it requires. He stated on March 30, he sent a letter saying they were more than willing to participate and hoped to hear from Mr. Swann shortly. He stated on April 28, County Attorney Scott Knox responded to Mr. Swann in a letter saying the motion clearly requires engineering plans for the fire protection system to meet pressure and flow requirements of the Development Order; and on May 3, Mr. Swann sent a letter to the CSA Board of Directors indicating he would like to negotiate and would also like to choose the negotiation committee on the Association’s side. He noted Mr. Swann stipulated the Association negotiating committee should be composed of residents acceptable to him who understand the need for negotiations to be successful; and he also wanted to throw in a number of other issues besides the fire hydrant issue such as motorcycles, developer’s rights, and a reservoir system. He stated that was all fine, but they kept moving further away from the March 16 date, and there were still no engineering plans or diagrams. He stated on May 20, 2004 the Association Chairman Bonnie Grove sent a letter to Mr. Swann indicating the Association would decide what negotiating committee was going to negotiate and that they felt it was imperative to only deal with the one issue, the fire hydrant issue. He stated on May 22 they were informed that Mr. Lynn Hansel was going to take over the negotiations and that he wanted to move forward with a tower; they got excited about this; and on May 27, Bonnie Groves received a letter from Mr. Hansel indicating that Mr. Swann had resigned from the TGORV business, that the Association would be dealing with him, and that he would begin the flow and pressure booster system of the elevated tank and get the plans and specs rolling. He stated they introduced their engineer Jim White to Mr. Hansel; they were looking forward to the diagrams; but by June 8 they had not gotten any plans or specifications reflecting the fix to the potable water system. He stated on June 15 they decided to move forward with the Cocoa agreement; on June 25, Mr. Hansel met with the Association Board and advised the plans and specs were ready. He advised they were very excited to know that they were going to move forward with the project; their engineer and everybody were ready; and on June 30, they finally received the plans, but they were not plans and specifications.

Chair Higgs advised Mr. Wilcox’s time has expired.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to allow the speaker to continue speaking. Motion carried and ordered unanimously.

Mr. Wilcox stated the big day came when the specifications were finally being provided and the plans and specifications were only a two and one-half page letter with a graph and chart; and that is all it was. He stated they became extremely depressed and started to feel this was not making it; their engineer required more data; and the developer could not provide any information other than the two and one-half page letter and chart. He stated later speakers will get into the inaccuracies and problems in reference to the report; he and Dick Martens discussed it and agreed the letter was not completely adequate; they discussed the numbers of discrepancies that were involved with the system; and they felt there was a lot of work to do. He stated they want a safe reliable fire system; they need someone to guarantee this is going to happen and that it will work; and inquired if the Board would send him a certified letter promising in nine months every fire hydrant is going to have adequate pressure. He stated the community is worried; the biggest fear is they will not be able to move forward with the plans and specs the way they are supposed to be; and they need the Board’s help.

Dick Seaman, Board member of the CSA Board of Directors representing District 9, stated he would like to address the Board regarding TGORV’s application for approval of the proposed fire protection system; Subsection K, page 4 erroneously states that the Commissioners determined that the automatic shutdown requirement could not be met by any hydraulic technology presently available; that determination was made by TGORV not the Board; and in later testimony on the same day in March, Bill Scaringe, former State engineer and TGORV Board member, also indicated that such a system could have been designed and built easily at the time of original construction in accordance with the DRI requirements. He stated the fact that TGORV chose to construct the system in a less expensive configuration and later claimed the technology does not exist to comply with the DRI is disingenuous and possibly fraudulent. He stated Subsection L, page 4 sidesteps the County’s assurances to CSA that it would be involved in any solutions; TGORV promised that Post Buckley Schuh & Jernigan’s reports would be forthcoming in several weeks before they actually received the Post Buckley Schuh & Jernigan letter and sketch, which was represented as an engineering report, and only after it was submitted to the County. He stated Subsection E, page 6 does not enumerate any amount that is verified by Post Buckley Schuh & Jernigan; Subsection F, page 6 states that Brevard County has no knowledge of any objection to the change described in the DRI proposed change; but copies of the December 12, 2003 TGO-CSA Resolution opposing the DRI proposed change are included as Exhibit C, as well as the County officials to whom it was presented. He stated on January 8, 2004 it was presented to Commissioner Scarborough in his office along with 800 petitions endorsing the opposition, which is included as Exhibit E. He stated the Brevard County Order setting forth the conditions required by TGORV to be in compliance with the existing DRI did not require changes to include the proposed development north of the Addison Canal, which is also known as the Ellis Canal; and the only changes to the DRI were to include the conversion of the fire protection system from a reuse water system to a potable water system and the water tower was part of that, as shown in Exhibit F. He stated the developer has not complied with the County’s regulations or the Board’s motion.

Jim White stated he is a civil engineer and has been practicing in Brevard County for several years; he works for General Physics Corporation; and he has been retained by Community Service Association to consult with and advise them on technical construction engineering matters relating to the water system and the improvement to make a safe functional fire suppression system. He stated in conjunction with that, he met with Bob Wilcox and Lynn Hansel on June 8 to discuss plans for the upcoming improvements; Mr. Hansel advised the engineering report he commissioned was expected the following week; but the report did not appear until last week. He held up the report; and stated it is more of a letter and an executive summary than a report; it is overly brief; and it fails to address some important issues such as water quality and chlorination systems that need to be considered in conjunction with the water storage tanks. He stated he contacted Post Buckley Schuh & Jernigan’s staff who prepared the report and discussed it; they volunteered that their analysis essentially was a hydraulic analysis and flow-related modeling of the water system, and enough economic analysis to conclude that a booster station was the least costly alternative to improving flows.

Chair Higgs announced Mr. White’s time has expired. Commissioner Scarborough stated if the Board lets everyone continue, it will be a problem. Chair Higgs recommended Mr. White wrap up his comments.

Mr. White stated he and his firm have been retained to lead and advise the community on the technical matters of the improvements; and they will also lead and guide them through the construction, completion, and closeout when it is finally built. He stated if the Board has questions on technical issues or concerns, it may ask him.

Todd Kinsey stated after reviewing Post Buckley Schuh & Jernigan’s sketch of the water system at The Great Outdoors, he had a few concerns about certain locations. He stated starting with pipe 34, between node 33 and 6, which is to complete the eight-inch loop, they specify a six-inch line, but they do not indicate the size of piping on pipe 57 between node 56 and 59 on Sunset; and to do any analysis they would need to know the sizes of pipes. He stated on pipe 54, between 101 on Windsong and node 28, they say there is a six-inch line; but that pipe does not exist; and between node 52 and 25, located at the Windsong extension, if the pipe at the beginning of Windsong does not exist, then there should be a pipe at one of those ends. He stated pipe number 15, between node 13 and 14, which is located on Baytree, would need a six-inch pipe to feed a fire hydrant; but that pipe is only four inches, although the AWA specs say it should be a six-inch pipe. He stated on Grand Haven, they say there is a six-inch line going the whole loop down to the cul-de-sac; but at the hydrant at 956 Grand Haven, that pipe changes to four inches even though they say there is a six-inch pipe there; and that would definitely change the flow analysis of that area. He stated the water lines on Coach Club, Club Cove, Fawn Trail, Fairways, and Twin Lakes are all four-inch lines; the AWA says they should be supplied with six-inch lines; and they would have to go across a third party’s property, which is the golf course, and would need the owners permission to do that. He stated their engineering firm says there is a question on the water quality; and he agrees because of some of the testing they have done. He stated on the reuse fire hydrant system that currently exists, there have been over 60 different problems since the last meeting, which is only four months ago; 18 of those times the complete system was down; and six of those times it was down overnight. He stated over the past four months, they have been fighting the moratorium and not fixing the problem; the Board has a moral obligation to do the right thing; and that is all he is asking. He stated if the Board needs any results, tests, etc., he can bring those forward.

Ralph White stated he is on the CSA Board representing District 0; and in the past he was president and director of condo 3, which is part of The Great Outdoors. He stated since vacant land of the type being proposed as a guarantee is worth very little, the CSA cannot imagine why the County would consider it as adequate security for what they assume is an expensive fire protection system; current tax records show the accumulated assessed value of the land owned by TGORV in and around The Great Outdoors to be $93,590; the current tax records show the accumulated assessed value of the land being proposed as security to be $62,590; and inquired if this amount is equal to 135% of the cost of the potable water hydrant fire suppression system. He inquired in the proposed agreement between TGORV and the County, under F, Fixtures and Personal Property, paragraph 5, page 4, what engineering plans by Post Buckley Schuh & Jernigan dated June 30, 2004 is the developer referring to, and is it the three-page introduction letter, which is not signed, checked, dated, or sealed as required for approval. He stated the plans have no details, no backup materials, and contain several errors in the existing piping as Mr. Kinsey pointed out.

Francine Novakoff, representing District 8 on the Board of Directors of The Great Outdoors, stated the developers agreement proposed language addresses existing potable water system corrections; but no mention is made of reuse water systems or needed additional hydrants. She stated in the proposed changes to the DRI, in Section 5, there are discrepancies in the numbers given about the RV sites versus residential units; according to Brevard County tax rolls on property distribution at TGORV, on May 10, 2004, 620 were taxed as RV sites and 742 were taxed as residential units, or 46% RV sites and 54% residential units; the DRI calls for a 50/50 breakdown; and if 204 units are added to the existing residential units, it would bring it up to 946 residential units, which would be 69% of the total lots there. She stated according to the DRI, this should be a 50/50 balance; the current percentage is a substantial violation of the current DRI preventing any issuance of permits, approvals, or providing an extension of services, such as DRI addition under Florida Statute 380.06. She stated the lot usage has been changed without any notification to the County; in Section 6, there is no indication where they will be putting the additional 20,000 square feet of commercial; and under Section 13-H, Condition 32, TGORV CSA cannot agree to the proposed language change to the Development Order. She stated CSA requests the Development Order be amended to the following: the elevated water tank will be installed inline with the potable water system and both current potable and reuse fire hydrants as well as new hydrants to provide total fire prevention coverage as mandated by Brevard County are authorized to be connected to the potable water system; such system shall be in accordance with the standards of the City of Cocoa; and all necessary looping and piping shall be done to insure that each and every fire hydrant in The Great Outdoors is provided with the required volume and pressure capacity. She stated under Transportation, there is a miscalculation of the figures there in terms of the RV sites to residential homes. She stated they hope this can be settled; every night she worries when the lightning comes; some homes are
where no one is around; and a fire could involve three or four houses before anyone even discovered it. Ms. Novakoff stated they have all read recently about houses that have burned from lightning strikes; and advised of waking to the smell of smoke only to find out there was a fire in the St. Johns River Water Management District area. She stated she fears what might happen if this is not solved quickly.

Beverly Holladay, District 1 Director of the CSA Board of Directors, stated she has been on the Board of Directors since 2001; and her assignment is to give a brief history of their struggles with the developer. She stated one of the major tasks they had to begin with was to struggle with the problem of finding the best way to handle the wastewater treatment plant, whether to purchase it or let it be sold; they took possession of it; and part of the agreement with the developer was that it was to have the capacity of handling up to 1,625 units, and if he were to build more than that, he could bear the expense of upgrading the facility. She stated she reminds the Board of this to emphasize that what seems like a generous move of the developer to offer to change the buildout figure from 2,000 down to 1,625 is obviously for this reason; and in January 2002 they acquired a new manager, who after doing research on all aspects of the park, found many problems. She stated many of the problems could be fixed at a small cost; but in the summer of 2002, the bad pipe coming in from Cocoa was discovered and it was determined to be in danger of failing at any time. She stated the Board of Directors voted to have it fixed right away; as it was established that it was entirely the fault of the developer, they asked for reimbursement; and it took months and months of negotiating back and forth to get the developer to pay the cost. She stated finally it was discovered that the potable water system and fire suppression system were deficient; the developer was informed of the matter and asked to get it remedied as soon as possible; but they were given no satisfactory answer, so at the November 2003, meeting a Resolution was passed to withhold their support of the DRI changes, which had been presented earlier. She stated they voted to put it into effect in a week if no satisfactory response was received from the developer; and after no response, it went into effect and is still in effect now. She stated in the 2004 Developer’s Annual Report, the following statement was made under Elevated Water Tank Systems: “Jim Swann and the CSA reviewed each others engineering reports on various options to increase flow in the City potable water system to 750 gallons per minute at 20 pounds per square inch. At the December 2 meeting Jim said he would obtain cost estimates for an elevated tank.” She noted it further states that on January 5, 2004, Mr. Swann said he would begin the process to construct the elevated storage system as he feels it would be the most dependable system over the long run and on January 5, authorized the contracting for final engineering and design for an elevated tank. She stated this gave everyone much encouragement; however, nothing happened; and by this time, they had made sure that everyone in the park was aware of the serious position they were in and that a solution by the developer was needed in a timely manner. She advised on March 8, 2004 Mr. Swann sent a letter to all homeowners stating he had offered to do a booster system with the required looping, which was turned down; he said it would save time; but with the present piping it would have blown the whole system. She stated in May, they received notice that the developer wanted to add the provision to allow motorcycles in a section north of the Addison Canal as part of the DRI; and this along with a suit from several plaintiffs to allow motorcycles to go to the commercial area has further clouded the issue. She advised the developer also said he could not work with Bob Wilcox or Bonnie Grove and suggested a committee consisting of some board members and homeowners who met with his approval.

Chair Higgs advised Ms. Holladay’s time has expired.

Ms. Holladay stated they are tired of this; it is obvious the developer plans to have his cake and eat it too; and requested the Board not allow this to happen. She stated they want the place back to normal, safe, and healthy.

Bonnie Groves, Chairman and President of the Homeowners Association at The Great Outdoors, stated on March 13, 2003, they discovered this whole thing and started asking for help with the fire protection system; they went to many members of County staff to ask who was in charge of it; and they were sent from one office to another including to the Cities of Titusville and Cocoa. She stated they got no answers; they then contacted the fire department during the summer to ask that their systems be tested; and they all failed. She stated no action was taken; they had more contact with the Fire Marshal and Chief asking what was going to be done; but there was no action. She stated everybody agreed it was a terrible problem; but nobody did anything about it. She stated they tried to resolve it with the developer; on January 8, they were getting nowhere; they had a signed contract, which Ms. Holladay advised of; and they had signed letters from the developer saying he was going to fix it, but he reneged on that. She stated in January, they called Commissioner Scarborough, met with him and presented their evidence and problem; and they asked him to have people from the County departments present, which he did. She stated they presented the facts and figures; it was two months before they finally got everything done; and they had two other meetings, at which the developer was present. She stated at that time the County went out and did tests and finally scheduled them for a hearing with the Board; on March 13, 2004, they had 250 residents sitting before the Board who had been promised there would be specific plans, a bond issue, and that the Board would make sure they had something they could depend on. She stated now they get the letter from Post Buckley Schuh & Jernigan; obviously they were not out there to put that plan together as they do not even know where the pipes are; and now the offer is intertwined with the desire to expand the community north of the Addison Canal without any way of providing for those people. She stated they thought the only DRI changes that were going to be addressed at this time were the ones that would be required for the fire system, which would probably say the water had to come from a reuse system; but they do not see those mentioned anywhere in the plans. She stated since then Ms. Busacca introduced them to Chapter 380.06, Florida Statutes; there are a lot of ways the DRI controls growth; and right now their services barely meet requirements for the population they have. She stated if they add 204 more properties, their post office is maxed out; Mr. Kinsey referred to a water quality program they just discovered and the inadequate underground piping for the current fire system; and they discovered in the last couple of weeks that there are no backflow preventers on their system. She stated the DRI says they can only run irrigation in the early morning hours; they run it now from 6:00 p.m. until 10:00 a.m.; the golf course takes all of the early morning hours; and the pump runs 24 hours a day. She inquired how are they going to irrigate 204 more properties; the reservoir is almost empty; and there is just no way of doing that. She stated they were told the other day that the
developer had been too good to them and that they would have to start irrigating the new properties in the middle of the day. She stated their employees have to get hepatitis shots because they come in contact with reuse water; and inquired if the residents are going to have to get hepatitis shots because their yards are being irrigated with reuse water. She stated they are causing other health and safety problems that they will be back asking the Board to correct; there is a famous saying, “Fool me once, shame on you; fool me twice, shame on me”; and she does not want to tell these people that nobody will help them.

Attorney Neal McCulloh with Clayton and McCulloh, stated he represents the Association at The Great Outdoors; apologized for not being at the last Board meeting; and advised he was not available because he was out of state. He stated they are here on the fire safety issue, but also on the water quality issue. He stated a lot of times attorneys dwell on small details and cannot get past the big picture; but for him, it is what is to be built and when; will it be sufficient; and what is the guarantee to insure that what is promised and what is needed will be built. He stated he has asked his clients and their experts if what is there is sufficient; what they have read does not seem to constitute plans and specifications; and he thought that was the predicate upon which they moved. He stated he has been told, and the Board’s own engineer concurs, that what they have been given does not qualify. He stated he does not think there is any disagreement that they all want to resolve the problem; and the disagreement is whether they are premature. He inquired are they here today 30 days too soon without the requisite plans and specs that will demonstrate that what is to be constructed will be adequate; and are they here without having investigated whether the security to insure what is to be constructed is sufficient to guarantee it will be constructed. He stated maybe the County has looked specifically at the property that has been suggested as collateral; he has not looked at it; and all he can go on and what has been reported to him is the gross inadequacy of such security. He stated the Association is not saying it does not want a resolution; it wants a solution that when everyone walks away, what is done is right; and he does not understand at this juncture why the County would want to go there. He inquired what are the assurances; what is the advantage; and is the Board opening up more of a Pandora’s box. He stated they have always maintained that the County’s position is it needs a fire safe community with proper and adequate water quality; and if that is the goal, then he does not see what has changed. He stated that is his dilemma; and inquired if that is the Board’s dilemma. He recommended the Board find out whether what is provided constitutes a plan and specs; stated he thought from the last meeting that is what was going to be provided; and he thought that was the impetus and prerequisite that would exist before moving to the next step because the objective is to end up with a fire safe community with adequate water quality. He inquired what is the guarantee they have today predicated on what has been presented; stated if the County is going to stand behind it, they do not have a concern; but he is not sure that is where this is going, and that leaves him very concerned. He stated the Board has heard time and again about the problems with the reuse system and the inadequacies and improprieties with the current potable system; and inquired if they are going to further stress that system without adequate plans and specs telling where they are going and what is precisely required. He stated he is concerned and he hopes the Board is also.

Marlene Zawadsky stated she is a 14-year resident of The Great Outdoors; and she was part of the process of transition and the obvious problems they uncovered. She stated some of the hidden issues were not as obvious; and it concerns her greatly that it will be a continuum should further development take place and the fire system is not taken care of properly. She appealed to the Board to pay close attention; stated there have been a lot of smoke and mirrors presented in the past; and things were put through just like this because they were not in a position to be diligent and take care of it in a timely manner. She recommended they get a safe environment; stated it should be done right the first time instead of a Band-Aid approach; and if the problem falls to them in the future, it is going to be more expensive than if they do it right in the first place. She stated she supports the CSA and the Board of Directors.

Janet Monak stated she and her husband live and own their home at The Great Outdoors; they are currently in the architectural planning stage of building a Florida room; therefore, they are in favor of immediately lifting the building moratorium. She stated the moratorium hurts the little guys more than it hurts the big guys; they have read and thoroughly debated the TGORV proposal with their neighbors, CSA management, and the Board of Directors of CSA; and they believe the Commission should approve the proposal under consideration in its entirety, provided that the County engineers have ascertained the adequacy of the plans prepared by Post Buckley Schuh & Jernigan. She stated page 4, paragraph 4 of the proposed mortgage security agreement requires the inspection of the entire fire protection system before the County executes the satisfaction of the proposed mortgage; the inspectors must be Brevard County inspectors; and they demand this inspection conclude that all fire hydrants within TGORV perform at the capacity for volume and pressure required by the DRI. She stated the proposed mortgage more completely assures TGORV’s performance in repairing the fire protection system; TGORV Inc. is in the business of making money; and the agreement precludes the developer from making money at the resort until the fire protection system is fixed.

Andrew Monak stated he wife just gave their speech; and he approves of her message. He stated he heard remarks like smoke and mirrors, etc.; there are a lot of hurt feelings at TGORV; and a lot of people feel they have not been taken as relevant with the issue. He stated he does not need to know what size bolts are on the flanges; he just needs to know that the proposal says if the fire system is not fixed, they cannot build on the property. He stated it has been negotiated and presented in good faith; and he hopes the Board seriously considers Mr. Swann’s proposal as satisfying the requirements.

Commissioner Pritchard stated the memorandum that was emailed to him was from Drew and Jan Monak; and complimented them on the humor interjected in the email.

Monica Fierro stated she is a permanent resident and registered Brevard County voter residing at The Great Outdoors; and urged the Board to accept the proposed solution to fix the fire protection system with whatever changes are necessary so the County will guarantee that the entire park, including any proposed additions, is fully protected. She stated the fire hydrants should be tested; the entire system should be capable of providing the appropriate water pressure to adequately fight potential fires; and while she is not personally affected, she would further urge the immediate lifting of the moratorium on building permits and acceptance of the modification of the DRI with the proviso that no building be approved in the section north of the Addison Canal until after the new fire protection system is fully operational. Ms. Fierro stated there has been a tremendous amount of controversy around the park; the frustration comes down to the fact that they need to have a solution now; and it seems that while what has been proposed is not perfect, and a number of changes have been suggested that might make it more effective, they can move forward with this solution.

Robert Young stated he is currently vice president of the Fairways Homeowners Association and has been a member of the board of directors of CSA; and over the years they have seen many friends and neighbors leave The Great Outdoors because of similar issues with the developer, such as the quality and longevity of the roads, ownership of the golf course, the water treatment plant, and now fire protection and the potable water situation. He stated just about every one, if not all, of these issues was brought to light in the February/March timeframe of any given year, which is the time when the board is beginning to wind down as most people in the park are beginning to think about plans for leaving for the summer to go back to their other homes; they are suddenly confronted with these tremendous issues; and the majority of the people leave the park during the summer with nothing left to do but watch their stomachs churn until Fall when they come back and find if the board has been successful or whether they are in even worse shape. He stated this developer seems to have a history of this same type of problem with clients; on more than one occasion, problems at Windover Farms have made the newspapers; La Cita made the newspapers; and now The Great Outdoors is doing the same thing. He stated delay, delay, delay seems to be the tactic of choice of this developer; and while the delays progress, there seem to be efforts to pit owner against owner against the board with innuendo and mistruths. He stated the evidence that has been provided today points to only one solutions; the developer is in obvious non-compliance with the Board’s edict of March 2004; and it is now time for the Board to act as it said it would at that meeting, take matters into its hands, get the job done, and then bill the developer.

John Gould, resident of The Great Outdoors, stated the plans the Board is talking about have a lot of problems, and one is the suggested location for the water tower. He stated no core samples have been taken to even determine whether the ground can support a water tower at that location; and as far as taking some land as surety, he recalls from the original item that was passed by the Board in March that the performance bond was to require performance and timing. He stated putting some property as surety rather than a real performance bond with a time clause in it in no way meets what was passed in March; and he does not understand how it could even be considered as coming close to meeting the original requirement. He stated he hopes the Board does what is right.

Mason Williams, representing The Great Outdoors, which is the developer, stated Chuck Beimers is here from Post Buckley Schuh & Jernigan to answer any questions the Commissioners might have.

Chuck Beimers, Post Buckley Schuh & Jernigan (PBS&J), stated he is a registered engineer with the State of Florida, and has been with Post Buckley Schuh & Jernigan for approximately 20 years. He stated the plans were not intended to be full construction plans; the system map reflects the information that was given to them by the developer; and it was modeled as such. He stated any differences between what is in the ground and what is on the map can be factored into the model and things can be rerun and checked; but to date, they have not received any notification directly that the pipelines as shown are not accurate.

Chair Higgs inquired how long from this point in days would it be to develop final engineering plans to submit to the County. Mr. Beimers responded it would be more like months; and permitting it through FDEP would take at least a month if everything sailed right through. Chair Higgs inquired how long to complete the plans ready to submit; with Mr. Beimers responding they have not be contracted to do that. Chair Higgs inquired if they were contracted to do that, how long would it take; with Mr. Beimers responding probably three months to complete the plans to be ready for submittal; and they would have to have a survey done.

Commissioner Scarborough stated the problem is there is a dual system out there; and inquired if PBS&J has gotten into analysis of the two systems, how they work, and the complications of doing one system. Mr. Beimers responded they were tasked only with analyzing the potable water system with the intent of converting all of the fire protection to the potable system and eliminating the hydrants on the irrigation system. Commissioner Scarborough inquired when they have the product, will it be a complete potable water system with the conversion; with Mr. Beimers responding it will show where new lines, bigger lines, and new fire hydrants are needed. Commissioner Scarborough inquired was there a timetable that indicated three weeks for a turnaround for the product. Mr. Knox distributed written materials to the Board. Commissioner Scarborough stated the first line says site preparation start date is July 19, and the finish date is August 9; and inquired if that is not what is being referred to and will it be three months instead of three weeks. Mr. Beimers stated they have prepared a preliminary site plan for the tank site; but that does not address the new pipelines that need to be constructed to make the system function as desired. Commissioner Scarborough inquired what would be the product that would be completed by August 9; with Mr. Beimers responding it would be a one-sheet drawing that shows the site where the tank would be located.

Commissioner Colon stated this came in March; it has been five months; and now there is talk about more time. She inquired why Mr. Beimers’ client did not go forward; stated this is something that needs to be done because it is a safety factor; the developer knew how the Board felt; and it is tearing up the community. She stated people need to go ahead and get their lives in order; they want to build their homes; they want to have a safety factor; and anyone would want to make sure that was taking place; but it seems more ended up in the courts and back and forth. She stated she is totally disappointed because five months have passed and nothing has been done; the engineer put something together based on what the client had said; and that is not what the Board wanted to see. She stated she was hoping when they got back in July that they were going to see a site plan, ready to approve, and that negotiations would be done. She stated she may be missing something about why that did not happen.

Mr. Williams advised the Board demanded a bond from the developer, which the developer could not provide; and that immediately put a delay into things as far as figuring out how they were going to solve the problem. He stated in January, they proposed to the CDS that they could have a booster pump system in place; County staff and the County Fire Chief said that would solve the problem; and that could have been done within six months; but CSA did not want a booster pump system and wanted a water tower. He stated they wanted something that would take over a year to a year and a half to do; so they had to go back to the engineers and tell them to go back to the water tower; and these things cannot be designed overnight. He stated part of the problem is they have tried to negotiate with the CSA; what they requested for a long time was a global settlement of all issues; they made a proposal for a global settlement of all issues; but CSA rejected that and decided it did not want a global settlement and wanted to piecemeal it. He stated these things have taken place over this time period; and they have come to the conclusion that they cannot negotiate with the folks representing the CSA. He stated on March 16, Mr. Wilcox asked for a 125% bond because he wanted security; that was provided; and now that is not enough and he wants a guarantee from the County, so the Board can see what they have been up against in trying to negotiate. He stated what they have proposed is provision of 750 gpm at 20 psi, which is what the Development Order requires; the Board asked them to submit plans that would get that done; the County will inspect during and at the end of the project to make sure they are providing 750 gpm at 20 psi; and that is the criteria they should focus on because that is what is in the DO. He stated everything that was submitted says that is what they are going to do; when the County inspects it at the end of the day, there is no release of any security or anything until that is supplied; and if it is not supplied, the County can foreclose on the mortgage and the security on the land, finish it, and supply the 750 gpm itself. He stated that is what they were asked to provide at the March 16 meeting; and the only difference is they have supplied the land as opposed to the bond.

Commissioner Scarborough stated the paperwork says assuming they proceed with the site engineering final design on July 19, there are anticipated target dates for completion of the project; and it shows August 9 as the start date for approval of the site plan as well as approval by FDEP and SJRWMD. He inquired if those agencies would look at something less than a complete project; with Mr. Williams responding no, they would not. Commissioner Scarborough stated the letter from Ed Krug has a completion date of August 9 for a product that could be reviewed by those agencies; and Mr. Williams may want to readdress this with Mr. Krug.

Dale Williams, owner of Land Planners and Associates, stated they are general contractors and home builders; they have built quite a few homes at The Great Outdoors; and they are currently in a situation where the homeowners and developer have a disagreement. He stated he found out the seriousness of the disagreement on March 4, when the County suspended building permits on approximately 40 homes on lots he had purchased and contracted to sell to end users. He stated the lots he purchased were not planned; they were in the ground; they had been approved by the County; and they had started construction on approximately half of the subdivision. He stated homes were planned for the remaining lots; deposits had been placed on them; and they went forward in good faith because the County issued a Certificate of Substantial Completion on Hammock Oaks Road. Mr. Williams stated they invested approximately $2 million, bought lots with utilities, which had been approved by the County in all aspects for development; and they began construction on a group of homes, which they are currently finishing. He stated he now finds himself in a situation because of the disagreement where he is forced to lay off workers and cancel contracts with subcontractors. He advised he already laid off people who pour concrete and some framers; these are people who are Brevard County residents; some of them went to school here and grew up here; and they are all going without work. He stated he has been blessed in life so it is not a financial issue to him, although it is for the corporation; they are looking at options to close the offices at The Great Outdoors and lay off the remaining staff; and there is ongoing litigation with the County. He noted he was not even notified in any form other than a telephone call on March 12 that there was going to be a moratorium issued; and he could not come to speak to the Board as he was in Utah at the time, so he sent an attorney to speak. He stated no one seems to understand they bought the property in good faith that had been site planned and inspected by the County; and they purchased it and sold it to customers, designed custom homes for it, and were awaiting building permits for every lot in the subdivision that is currently undeveloped. He requested the Board amend its Resolution of March 12, 2004 to withhold future approvals for future subdivisions, and release their building permits. He stated this is a major hardship; they have lost sales; people have canceled contracts and they returned their deposits; they have been fairly amiable to deal with in that manner; however, the reality is at some point it becomes ridiculous to keep a staff and 55 different subcontractors and employees at The Great Outdoors when they cannot build anything. He stated the financial issues are not his concern because those will work themselves out in the court system over the next two years; the County is well represented and so is he; and he has no problem waiting to find out how those issues are settled. He stated his problem is the people, who have invested their lives in their work and rely on a salary to make their car payments and put their children through school; and he has to give them the bad news. He stated some of them live within five miles of the project; they have worked there for eight years; and they are not involved in the water system. He stated he has an understanding of the system because they are general contractors and land planners; the fix in place is reasonable; and if it is followed through and inspected by County staff, it will work. He stated they may have to replace some pipes that they do not know about yet; neither the homeowners association nor the engineer for the developer can tell where those pipes are since the as-built drawings are very poor, which is not uncommon in an older development. He advised the County’s own drawings that are recorded are not accurate as to those improvements; and some of the changes will need to be made as the field supervision is in place. He advised it is not an engineering feat, but normal engineering of this type of product; and if the Board will not accept the land as bond, he would be glad to write a contract to purchase the property for more than the system would cost. He noted they also buy and develop property; they have in excess of $15 million in permits and site plans on the ground currently with his company; and requested the Board release the building permits so the 40 couples who have ordered homes and are living in their motorhomes or at other locations can have their homes completed. He suggested making it contingent on future streets or roads; they CO’d the property; these were offered to the public; half of them have homes under construction on them; and it is unfortunate that the other half have no recourse. He stated he will drop all litigation with the County if he can get the building permits; he will drop all litigation with the County and with CSA; he wants to move
forward before he shuts down his office and lays off his employees, and before the losses start to mount to where there is no recourse other than the court system. Mr. Williams stated he will write off every canceled contract, every abnormal cost, and all the attorneys’ fees if he can get the building permits for the people he sold homes to.

Commissioner Pritchard inquired if Mr. Williams spoke to the developer about his plight. Mr. Williams stated he met with both sides; he asked CSA to be more reasonable; but there are people in CSA who are not reasonable. Mr. Williams stated there are County engineers who will be the ones who will determine whether the fix is adequate or not; it will not be the developer’s engineers or CSA’s engineers; and in the field, County staff will determine what needs to change about the conceptual plan. He stated if the Board makes this contingent upon those improvements for the future streets on the other side of the Addison Canal, that property with a retail value is somewhere in the neighborhood of $10 to $12 million; and if it was developed out with streets and roads, it would be $16 to $18 million. He stated the developer has a need to place the roads and improvements in; it has been a plan; he came into this late; but reading the old documents, this area was approved for 2,000 homes, and with minor upgrades to the sewage treatment plant and water, they could easily build 2,000 homes. He stated their development capping at 1,625 is a perfectly reasonable number to provide utilities; the sewage treatment is there; and the water system and irrigation need to be improved. He inquired how many permits has the County issued just in the last month to homes that do not have fire hydrants or fire protection, are predominantly in wooded areas, and have no central water retention system. He stated they looked at the retention system as an outside third party affected by this but having no control over either party; there are in excess of 10 million gallons readily available in the stormwater system; the ponds are centrally located to all the homes; and the Brevard County Fire Chief stated his pumper trucks could not pump them dry. He stated the groundwater is only three to three and one-half feet below the surface; and the faster they pump with five or six pumper trucks, they will never pump the multiple stormwater retention systems dry. He stated most of the County relies on the pumper trucks; having the tank capacity onsite is a must if they want to rely on fire hydrants; but the Fire Chief is not relying on them currently and has not in the past. He stated other subdivisions do not have fire hydrants and rely on the pumper trucks. Commissioner Pritchard stated the concern he has, which was brought up by Commissioner Colon, is that it has been several months and something other than a two and one-half page letter should have been submitted; it would seem if the developer were as committed to working toward resolving the problem, something more than that would have been done in this amount of time; and that is why he is asking whether Mr. Williams has spoken to the developer and indicated he has serious problems. He stated he does not know what the developer has on the line, whether he has subcontractors or owns the property; but they are not going to exacerbate a problem that would increase the fire load if the fire suppression system is inadequate by releasing permits. He stated he does not see where the agreement has been a two-sided conversation; the developer has spent more time fighting the moratorium than fixing the problem; Mr. Williams is facing serious consequences; and inquired why the developer is not listening to Mr. Williams. Mr. Williams responded the developer is listening to him; in the last four months there have been all types of meetings set up between himself and the CSA and himself and the developer; there have been discussions; and he has made both sides aware of what he feels are the financial implications. He stated they have butted heads on issues; they are not specific issues like the size of the water tower, but issues like motorcycles, attitudes, and those types of things; and they are unfortunately going to cause him to bankrupt a successful building corporation in the County and go through two years of litigation even though he has no control over either side. He stated the craziest thing about this is that the moratorium only affects him, one other small builder, and people who want to do additions to their homes; it has no effect on CSA or the developer; and there is no cause for them to come together. He stated neither side has employees or owns any lots at The Great Outdoors; the moratorium came in promptly after they contracted to buy the rest of the lots; and that is part of the problem. He stated this is a massive undertaking; it is not going to be permitted by the State and agencies in 90 days; they build streets and water systems and tie them into existing city systems as part of their normal work; it will take 90 to 120 days minimum to design this system; and then still the nuts and bolts of it have to be approved by all the different agencies. He stated what they are talking about applying for on March 9 was a conceptual site plan for the water tower area itself; and that is the first step. He stated they need to know where the water tower is before they can engineer all the lines to it so it is going to be slow; and he does not know whether they will go out of business while they are waiting to make an agreement or not. He requested the Board change the Resolution of March 12 and release the building permits for the existing platted approved lots and make anything contingent upon future subdivisions.

Chair Higgs inquired how many homes would Mr. Williams typically have under construction at one time if there were 40 submitted; with Mr. Williams responding there are 18 that have been approved that are tabled currently by staff due to the Resolution, but there are another 14 that are in for review, so there are another 14 or 15 total permits. Mr. Williams advised some are smaller remodeling permits that are in drafting, planning, or pricing; but all of the lots are spoken for and have buyers who want to build homes. He stated they poured all the concrete slabs that they had permits for, so he already had to lay off that whole crew; and he can get them back to work if he knows he can put them to work. Chair Higgs inquired if Mr. Williams has permits for 18, would he start those all tomorrow; with Mr. Williams responding no, he would stage them out. Mr. Williams stated he cannot pour 18 slabs in a month; construction is slow now because of all the other outside concerns that are affecting construction; and 18 slabs would probably be poured in the next two to three months. He stated he would have to prioritize them based on contract dates; and inquired if there are other questions.

Commissioner Colon stated she sees Mr. Williams’ dilemma; everybody is busy trying to take everybody to court; the Board’s job is to protect the citizens including Mr. Williams; and inquired why is Mr. Williams not suing the developer. Mr. Williams responded there will be more than one lawsuit; the problem with the development system in Florida is that corporations develop property almost exclusively; and inquired once the corporation sells the lots and disburses the assets, what is the point in suing it. He stated he would spend $50,000 to $60,000 and might be successful in getting a judgment against the entity that sold him the lots; but that entity would not have any assets to obtain. He stated he has a whole bank of attorneys in two different counties who tell him what is reasonable to move forward on and what would be wasting money to get a judgment against an LLC that has already sold all its assets and has no value whatsoever. He stated a judgment like that would cost him $50,000 to $60,000 and be worthless; that is the dilemma the Board has put him in; and he has no way to move except to lay people off. He noted some of the people have worked continuously for seven to eight years; some have worked nowhere else; some have bought equipment so they could stay ahead of the schedule; so they have equipment payments and those types of responsibilities. He stated they are all looking at him to come to the Board to advise this is not about them, so it should be tied to another section. He reiterated his request to have the Resolution amended; and stated it will not change the timetable for this; and the lots are so valuable on the other side of the Addison Canal that if the Board changes the Resolution, he can guarantee if this developer does not do it, another developer will come forward and make the water improvements. Chair Higgs inquired if Mr. Williams is willing in the settlement to offer to buy the land; with Mr. Williams responding he will issue a contract for purchase on the remaining property if the Board needs to know what the value is; but he will offer less than it is worth, which will be about three times what the water system would cost.

Malcolm Kirschenbaum, Vice President of The Great Outdoors, stated he will make a couple of quick comments to answer Commissioner Colon and Commissioner Pritchard to put some timeframes in where they are and then make a couple of comments on where they may be able to get on the basis of what Mr. Knox, Mr. Jenkins, and he have been working on for the last three months. He stated there was reference to a letter of March 29 written by Jim Swann asking for clarification on what could be done because the discussion was about booster pumps and towers; and that letter was addressed to Chair Higgs. He stated a response was received on April 28, 2004 from Mr. Knox; they were looking for clarification so they could give instruction to Post Buckley Schuh & Jernigan on what needed to be done; and they have a commitment to get the firm to do it. He stated a week or two after Mr. Knox’s response, he got a call from Mr. Jenkins requesting he get involved to help bring some resolution to the issue; Mr. Knox advised in his opening comments that they have given what the Board asked for on March 17, which was some security for the performance, though modified from cash to land, which according to Dale Williams is worth a lot more than what it will cost to fix the tower and system and some plans. He advised the problem with the plans is they are not going to authorize Post Buckley Schuh & Jernigan to do the plans until they know they have a deal and can build something that will satisfy the Board; they have not been able to reach an agreement with CSA; and they are willing to live with the dates Mr. Krug put in there, which were shortened by Mr. Krug at the request of Mr. Knox. Commissioner Scarborough stated Mr. Krug said the building permit would be by September 13, 2004 and construction beginning October 11, 2004; and then he heard this was just the tower. He inquired why they would do the tower and not the whole system; with Mr. Kirschenbaum responding they would not. Commissioner Scarborough inquired if this is talking about the whole system; with Mr. Kirschenbaum responding affirmatively. Commissioner Scarborough inquired if they could conceivably be under construction starting October 11 with a completion date of March 11, 2005; with Mr. Kirschenbaum responding that is the shortened time that the County Attorney requested they comply with; and they are putting their financial future at the project on the line for the performance of this matter. Mr. Kirschenbaum stated they did try to comply with the dates as quickly as they could to try and reach an agreement with the County on where they could go; they started working on the agreement a month ago and have gone back and forth trying to come up with what the Board wanted; but he was reluctant to get involved with the litigation aspect of this. Mr. Kirschenbaum stated they have not fought the moratorium; they are not a party to that lawsuit; they had nothing to do with it; but he was asked to talk to Dale Williams about giving up the litigation. He stated he cannot talk to all of those people, but did talk to Mr. Williams; and the Board heard what Mr. Williams said today. He stated there are other people who have rights in this litigation; he and Mr. Williams cannot speak for them; but Mr. Williams is the major plaintiff in this action. He stated Mr. Williams is being harmed because all of his people are being harmed; and his real point is that they will live within the Post Buckley Schuh & Jernigan timeframe; they will get this design; and he knows the Board had comments from Mr. Martens and others in the departments that say that this conceptual plan is where they need to head; but they cannot commit to do that until they know that they have the ability to develop the property north of that canal, and that is where they are. He noted the corporation has been going on for a long time; he is not going to give the Board the details on where they are with the company, but it was a buyout of an existing company that he and Mr. Swann accomplished; and they are ready to move forward with a DRI amendment to go ahead and get the system fixed. He stated the agreement they have given the Board spells that out, although it has been modified; they are willing to do that; and he stands today as the Vice President of The Great Outdoors and one of its stockholders to say the only way they can do this is with the agreement and moving forward with Post Buckley Schuh & Jernigan. He stated he met with Commissioners Scarborough and Higgs; and he does not know what else to do. Commissioner Scarborough inquired if in four weeks, they will be looking at a plan that would be submitted for site plan approval, FDEP approval, and St. Johns River Water Management District approval; with Mr. Kirschenbaum responding he is putting all of his property on the line in a mortgage to the Board that says they are going to do that. Commissioner Scarborough stated what would make everyone more comfortable would be to wait four weeks and schedule this for a meeting. Mr. Kirschenbaum advised they cannot do that unless they have some assurances there is an agreement and that they are moving forward with the DRI amendment.

Commissioner Scarborough inquired what assurance does Mr. Kirschenbaum need; with Chair Higgs inquiring is it the assurance of the DRI. Mr. Kirschenbaum responded in the agreement there are timeframes for getting the DRI approved; he has to have the ability to move forward with the DRI request to know that the property that he is giving the County as a mortgage has some value and that he can start developing that property to be in a position to pay for the improvements; they are talking about several hundred thousand dollars; and right now they are spending money on lawyers. Chair Higgs stated the Board understands the situation in terms of cost and reluctance to go forward with full plans; but from the beginning they said they cannot agree to any changes to the DRI because the process that is involved. She stated with Mr. Williams’ proposal today, there is a new dynamic; and it would seem to be in everyone’s interest for Mr. Knox to be directed to proceed to try to put together a final agreement that would include what was talked about; but she does not know how they can agree to the DRI amendment because there is a legal process. Mr. Kirschenbaum advised he is not asking the Board to agree to it; and what the agreement suggests is that they are going to hold hearings on the DRI amendment at appropriate timeframes. Chair Higgs inquired if Mr. Kirschenbaum is saying the Board will hold hearings on a proposal as it is supposed to; with Mr. Kirschenbaum responding they all need some direction; or within a month there will be a bunch more letters and he will have to answer questions from Commissioners Pritchard and Colon as to why this did not get done and what the lawyers are doing.

Commissioner Scarborough inquired what does Mr. Kirschenbaum want from the Board today; with Mr. Kirschenbaum responding he signed the agreement; he gave a signed mortgage; and he wants the Board to sign the agreement so they can move forward with Post Buckley Schuh & Jernigan doing its work, which is what the agreement authorizes him to do. Commissioner Scarborough stated that is what the Board wants; but what it wants to do today is to be able to go ahead and proceed with pulling building permits. Mr. Kirschenbaum stated he does not care about building permits; Mr. Williams and other people do; but what he wants is to move forward to fix the system; and what the agreement does is authorize them to proceed with having Post Buckley Schuh & Jernigan fix the system. He stated he is giving a mortgage to guarantee the performance, but until he knows the Board is taking some authority over it, he cannot move forward with spending any more money. Commissioner Scarborough stated last time he felt the Board did not have the authority to issue building permits under the law of Florida because it was a violation of what it could do under a DRI; having said that, they put conditions, but now are backing off from one of the basic tenets. He stated he is concerned about making this come together; he does not want to see people lose their jobs; he wants to see people be able to add their porches; but by the same token, every time the County gets further involved in it, it is getting into a posture that is very dangerous because it does not extract the County, but involves it to great extent of risk. Mr. Kirschenbaum noted the County issued the moratorium; with Commissioner Scarborough advising the Board was required under law to issue the moratorium. Mr. Kirschenbaum stated the Board issued the moratorium for a bunch of different reasons, and said if they put up a bond, the moratorium could go away. Commissioner Scarborough stated there were other conditions. Mr. Kirschenbaum stated Mr. Knox has said they complied with the three conditions; and they have given as much as they can afford to give without an agreement that what they want to do is adequate. He stated he has been told if Post Buckley Schuh & Jernigan follows the modeling and the conceptual plan for the tower, it will take care of the pressure and flows.

Chair Higgs stated that is the final criteria in the Development Order that the Board wants to have achieved. Mr. Kirschenbaum stated they are putting their property up to guarantee that they will accomplish that. Chair Higgs inquired if based on the conceptual plan that staff has seen, will the plans when completed meet the criteria established in the Development Order. Utility Services Director Dick Martens responded from their information, what has been proposed would not provide the fire flow at all locations; the process they are using of the hydraulic model to predict the fire flows at various locations is the appropriate way to do that; but as of yesterday afternoon, there were at least three locations in the system that would not meet the 750 gmp at 20 residual pressure. Mr. Kirschenbaum advised the agreement says they will meet it when they get there. Chair Higgs noted so does the Development Order. Mr. Kirschenbaum stated if their discussion with Post Buckley Schuh & Jernigan says they will get
there, they will get there; but they have not been able to reach an agreement on how to proceed. He reiterated they need an agreement to move forward; and if the Board waits a month, then it is one more month before Post Buckley Schuh & Jernigan starts moving.

Commissioner Pritchard inquired about the suppression system, the installation of the piping and backflow preventers, and connectivity of it as a loop system, and whether that is going to be achieved in the time frame of a completion date of March 11, 2005. Fire Chief Bill Farmer stated he does not know how many crewmembers they have, so he does not know. Chief Farmer stated they looked at the flow issues; that is the only thing he is able to speak to; and the plans are not sufficient. He stated there is some engineering work that needs to be done; the piping size is insufficient to get to 750 gpm; he thinks they recognize that there is a deficit; the concept on the fire side will work; but the nuts and bolts still have to be worked out. Commissioner Pritchard inquired if March is a reasonable deadline; with Mr. Martens responding it is a very aggressive schedule. Chair Higgs inquired if it is achievable; with Mr. Martens responding getting the tower constructed and permitted will be the challenge. Mr. Kirschenbaum advised it is a lesser challenge if they start today than if they start a month from now. Commissioner Pritchard stated he is not disagreeing but he happens to like incentives; if the Board went ahead with a formal agreement, a deadline of March is being proposed, which apparently is not something that could be achieved; and inquired what type of incentive does the County have should they not make it and would the County then be in the land-owning business; with Mr. Knox responding yes, the County would foreclose and own a nice ten-million dollar piece of property. Commissioner Pritchard stated that is a heck of a gamble; with Mr. Kirschenbaum stated they understand that, but they have an obligation to Mr. Williams and a lot of other people to get the moratorium lifted and get the system fixed. Commissioner Pritchard stated he does not want to come up with an agreement in concept and then have problems arise that change the conditions of the agreement so that they are back in March 2005 with more construction, less fire protection, and the need to work out more details because something happened. Mr. Kirschenbaum suggested entering into the agreement, and they will provide a status report every month to the Board or staff. Commissioner Pritchard inquired what if it gets to the point where it is March 2005 and the developers have not fulfilled their obligation; with Mr. Kirschenbaum responding they would be in trouble. Commissioner Pritchard stated he know they would be in trouble, but he can hear the screaming when the Board says it is going to take the property and finish it. Mr. Kirschenbaum stated they are not going to let the County do that; they are going to get it done; they originally put in a longer timeframe; but Mr. Knox, at the behest of some of the people, asked for the most aggressive timeframe to get this done; everybody wants it done; and March 11, 2005 is the date they chose and will push for. Commissioner Pritchard stated the developer is bearing the burden; Mr. Williams has a significant investment with time and money; for the people who own the property, it is their lives; so this is not something he can lightly banter about and just say he wants to get it done. He noted the last time he used a shovel he was surprised that what used to take him a day now took him three days; and his concern is that the developer is not going to make it, they are not going to have the system, there will be more construction built, and the question will be how to obtain what was promised. Mr. Kirschenbaum stated there are only 80 or 90 undeveloped lots there; most of those are under contract for houses to be built; and that is not going to significantly change what is there. He stated what is being stopped is construction of the next 200 units; that is what they are guaranteeing performance on the ability to do; they are laying the financial worth of what is left of The Great Outdoors to get this job done; and that is what they want to do.

Commissioner Colon stated they have been going around this time and again; and suggested allowing ten to fifteen minutes for Mr. Wilcox, the County Attorney, the engineer, and everyone involved go upstairs and meet; there are things that cannot be said publicly; and she would like to take a break and see what all parties come back with instead of the Board making a decision.

Chair Higgs stated she does not think ten or fifteen minutes is going to do it; and suggested postponing it to Thursday to see if they can structure an agreement with Mr. Williams and Mr. Kirschenbaum that meets the standards that are in the Development Order. She stated everyone wants to reach a conclusion, but they need assurances; some suggestions have been made and put on the table that have not been there before; and she does not think they can do it in 15 minutes.

Commissioner Colon stated the Board is going to be considering another item that is quite lengthy; and she does not think it is fair for a lot of folks who have taken off from work to have to come back on Thursday. She inquired why they cannot give them a half-hour, go on to the next subject, and then come back. She stated if they cannot come up with a resolution to the issue then at least the Board has attempted to give the opportunity. Commissioner Scarborough agreed to allow them to give it a try.

Chair Higgs requested Mr. Kirschenbaum, Mr. Williams, Mr. Knox, and the CSA attorney meet.

The meeting recessed at 3:12 p.m. and reconvened at 3:27 p.m.

DISCUSSION, RE: INFRASTRUCTURE SURTAX REFERENDUM FOR CITY/COUNTY
TRANSPORTATION PROJECTS AND PURSUE INTERLOCAL AGREEMENTS WITH
CITIES

Chair Higgs stated Commissioner Carlson put this item on the agenda.

Commissioner Carlson stated her staff has been working on a proposal over the summer; there has been a lot of information in the paper; and this is something the Board should act on sooner rather than later. She stated last year the County placed a one-cent sales tax increase on the November ballot and it failed miserably; many concluded that its failure was due to several things such as too many projects, not being well thought out, too many topics, and going from preserving green space to building roads and building schools; and this made the process of educating the public very difficult. She stated the theory of having something for everyone obviously backfired; accountability was in question; and she would like to present a proposal that is specific to transportation. She stated she chose transportation because of her concern over escalating construction and right-of-way costs, the availability of funding sources of the State and potentially the federal level, and the critical need within the community to move existing traffic efficiently within the current growth boundaries. She stated she is not interested in new roads that promote sprawl and increased growth problems; she has focused only on roads that would improve the quality of the current road network as a whole; and she looked at the most equitable distribution of cost. She thanked Duwayne Lundgren, John Denninghoff, and Bob Kamm for their hard work. She stated she had a lot of experience in transportation issues, as all the Board has; she has been an active member on the County’s MPO Board, the Central MPO Alliance, and the MPO AC, which is at the State level, as well as transportation committees for the Florida Association of Counties and the National Association of Counties. She stated she has a good handle on what the current problems are at the national, State, and local levels; her proposal looks at only three options, all of which the Board has looked at before; and she did not consider an across-the-board budget cut to pay for roads due to the fact that she believes the residents should not be burdened with the entire cost of the road problems. She stated growth has not paid for itself over the years; and with additional impact from tourism, it is not a fair and equitable solution for the community, and will inevitably lower the quality of life. She stated cutting services to the extent necessary to put a program of work in place would create job loss and the deletion of critical services. She presented a slide; and stated in the 2003 originally proposed surtax, $60 million was allocated for the cities and $150 million allocated to the County for road projects alone. She stated that is approximately $210 million for road projects, and that was not all of the road projects. She stated they find themselves with the choice of constant hand-wringing or seeking another solution; at this time, the Board needs to show leadership and commitment to the community to do what is needed and do it for the right reasons; and transportation needs continue to exceed the ability of the cities and the County to solve with the current budgets. She stated to do the same thing with the current budget would require an average of $52 million a year over seven years, which would require a $52 million cut to the budget each year to do the kinds of things that could be done with a sales tax; and one option is local options gas tax, which has been discussed many times. She stated the County could increase local option gas tax by six cents; there is an ability to go to twelve cents; a six-cent increase would provide three and one-half cents to the County and two and one-half cents to the cities; and that equates to, for instance, a million dollars per year to Palm Bay and $5,000 to Palm Shores. She stated three and a half-cents bonded by the County for 20 years would yield enough to pay for approximately one-quarter of the projects on the County’s needs list; and that is the most critical list of projects, which she will identify later. She advised transportation impact fees have been discussed; currently they are at a Countywide rate of 28% of what could actually be collected at 100%; and right now they collect approximately $5 million, that could be maximized to collect $16 million. She noted they are restricted on where it can be spent; transportation impact fees are spent on new construction, not maintenance; they cannot be bonded; and they are not intended to solve old problems or to assist with the backlog. She stated that brings her to the infrastructure surtax, which would be one cent for seven years, and yield $463 million in cash. She stated distribution of those funds would be determined by an interlocal agreement; the proposal defines the County’s share at 78% and the cities at 22% based on the fact that the County has the major roadways included on the list; a lot of objections were heard last time to the approach to the sales tax; and they would like to present a new approach. She stated they want to be very specific; it would be for transportation only; and it would be for critical needs only. Commissioner Carlson stated they want to do a pay-as-you-go plan; no bonding is needed; and accountability will be in the form of a transportation surtax trust fund with a separate annual audit of performance components, which she will define later. She stated this will make sure all dollars will be spent on transportation projects only; they were criticized last time for padding the inflation rate at 4%; so this time they reduced it to 3%. She stated construction inflation is built in at 7.5%; and this is empirical data, not just grabbing a percentage out of the sky. She stated design completion could commence on many projects immediately if they went with this approach; some projects under construction would happen in 15 to 18 months; and all projects would be complete or underway by the end of the taxing period, which is seven years. She noted several projects have gone through pre-engineering and are sitting on a shelf collecting dust; millions of dollars have been spent by the Board with hopes that they would complete these projects; but instead they are sitting on them and they will have to be updated. She stated the question is why now and has everybody recovered from last year’s failure to get the public to see the intent of the sales tax referendum; and inquired whether the Board has the credibility and accountability in place to sell this sort of thing. She stated she is not sure it is worth going out to sell it; people either want it or they do not; and the November 2, 2004 election is the best opportunity to maximize voter intent. She stated if they go to a special election, chances are special interests will be involved; and that will be the defining moment for the community, which none of them want. She stated a separate Countywide referendum would be cost prohibitive; and the cost would be between $200,000 and $250,000 for a single issue special election according to the Supervisor of Elections. She stated the $463 million list grows by approximately $35 million for each year of delay, which equates to $66 a minute; and a two-year delay to November 2006, putting it on the ballot in March, would be a one-cent surtax for eight years to achieve the same results and would include a $40 million inflation cost. She stated the cities’ share would be approximately $99 million distributed according to population; and the cities’ project list would have some flexibility because when there is construction of projects a lot of time the road projects have to go along with them, which might free up dollars that could be placed on other essential road projects. She stated the accountability piece is critical to the whole approach; interlocal agreements will hopefully solve that problem; Florida Statute 212 provides the opportunity to enter into interlocal agreements between the County and the cities concerning distribution of the sales tax revenues; and the transportation surtax trust fund will be created by ordinance, by each jurisdiction and it will be audited annually. She advised the interlocal agreements will be identical except for the percentage share of surtax proceeds; and the city percentage share would be recalculated annually as part of the local option gas tax re-certification, which is based on population. She stated there are two caveats from the Statute that she quoted; “neither the proceeds or any interest accrued thereto shall be used for operational expenses of any infrastructure”; and “counties and municipalities shall not use the surtax proceeds to supplant or replace user fees or to reduce ad valorem taxes existing prior to the levy of the surtax authorized by this subdivision.” She stated they cannot make up for it by lowering property tax; as for the County project list, the approach was Countywide; and it was needs based transportation only, with no political boundaries. She stated they tried to look at critical needs only, including new capacity, reconstruction, resurfacing, traffic operation, and sidewalks; the MPO recently did a study and sidewalks came back as one of the key things that needed to be dealt with; they need to have more user-friendly roadways; and that means more sidewalks. Commissioner Carlson stated there will be cost sharing for major roadways; major roadways are on the County list; and that is why the County has the greater portion of the tax as defined by this approach. She stated they are also looking at the impact of the strategic intermodal system; they are only looking at those roads to be included that have regional significance; and that means a lot of the discretionary dollars that once came to the County will be sucked into the State intermodal system and that burden will then be placed on the local communities. She stated if they cannot prove regional significance to the SIS system, then the County is going to have significant backlogs on top of what is already existing. She stated they looked at the advanced funding for one federally-funded project with at least partial reimbursement at a later that, the NASA/Ellis Road system. She stated the first page of the handout has the County projects; she is not going to read every single one of them; but she will point out a couple of things that are occurring. She stated Barnes Boulevard, from Fiske Boulevard to Murrell Road, is approximately 1.3 miles long; in today’s dollars it would cost approximately $11 million; and right now there is a moratorium on that segment of road and no building permits will be allowed until the road is fixed. She stated they are having problems with Wickham Road and capacity issues; and at some later date the Board may be looking at moratoriums on Wickham Road as well. She stated there are several resurfacings listed; each District has its own problems; that needs to be addressed; and the amounts are different depending on how much roadway is backlogged. She stated there was $3 million for intersection signal improvements, which allocates a general amount to each district. She stated the six-laning of Minton Road, from US 192 to Malabar Road, is probably the most cost-effective project because when it was planned all of the right-of-way was acquired, so it is only a matter of putting the roadway down there; and that is why it is inexpensive at $7.8 million in today’s dollars. She stated the Palm Bay Parkway is a critical need and has been on the MPO needs list for many years; to do a two-lane divided highway in today’s dollars is $84 million; and that includes right-of-way. She stated right-of-way costs are escalating every year; it is $84 million this year; but in the tax proposal in 2003 the cost was $77 million; so it has gone up a few million. She stated the total for County projects in 2004 dollars is $290 million. She stated taking sales tax collections for seven years and adding inflation results in $462 million; and the inflation dollars are accrued on a year-by-year basis over the seven-year prior because all the projects cannot be done at once, so the cost of doing business is still going to be incorporated into that number. She stated the chart, starting in 2005, shows how much money will accrue each year to come up with that amount; and the County’s share is 78.63% or $363 million and the cities’ share is approximately $99 million or 21.37%. She advised the last chart shows the population, the percent of the total of all the cities, and the amount of money they will get, from the largest amount going to Palm Bay to the smallest going to Melbourne Village. She stated she expects there will be questions so she asked Mr. Lundgren, Mr. Denninghoff, and Mr. Kamm to be present to respond to specific questions she cannot answer.

Commissioner Colon stated there was a lot of work that went into this, and she appreciates the hard work; but she has some concerns. She stated she kept hearing “we”; but she was not part of this. She stated for the last couple of budgets, she has asked for accountability; she has been very uncomfortable that some of the monies that were supposed to be going to build the roads were being diverted to go to operations; and she had asked about that during the budget time but did not get answers. She stated this had been happening before she got on the Board; accountability was not there; and inquired how anyone can ask her to support something with the dollars they have now when there is not the comfort level she needed. She stated some of the things they talked about was in regard to leadership; her bosses were perfectly clear in November of 2003 when they said they did not want a sales tax increase; and she mentioned she was uncomfortable even presenting it because it would not fly. She stated she does not know how they are talking about possibly even starting a sales tax increase when the price of gas is so expensive; people are trying to make ends meet, but can hardly get a full tank of gas just to get to work; and on top of that, property values have gone up. She stated to folks who want to sell their property, that is a blessing; but for those who are in the home where they are going to be retiring, it is not because some of the taxes have gone sky high. She stated in South Brevard, there is a subdivision where the people are paying $5,000 to $6,000 in taxes every year; and they never thought they would live in Palm Bay and pay those kinds of taxes; but it is happening. She suggested people look it up on the Internet and do the research; and stated she cannot be arrogant enough to think she knows better than her bosses who are saying no, do not even dare to think about more sales tax. She stated Commissioner Carlson means well; she obviously put a lot of work into this; they talked about the municipalities and thinking outside the box; and there are some things that different municipalities are thinking about doing within their own jurisdictions. She stated it should not just be put on the County; it is going to have to be a partnership as far as accountability; it has not been there for the last four years; and inquired if this was to pass, then what happens, and are those monies going to go to pay for operations. She stated that is something they cannot justify; but she appreciates that Commissioner Carlson went through a lot of work to make sure they were at least able to present an options to the community, although it is not what she would feel comfortable supporting.

Commissioner Scarborough stated in this morning’s newspaper, he saw Sisson Road on the list at $4.5 million; and inquired where did that come from. Transportation Engineering Director John Denninghoff advised the newspaper was wrong. Commissioner Scarborough stated there was also something about Grissom Road. Mr. Denninghoff clarified there was an item about Grissom and Sisson Roads; and it was not just Sisson Road, but general road improvements in the North Brevard area. Commissioner Scarborough stated he needs to know where they were, where they are, and a lot of things in a broader sense; and advised what they do with transportation may also impact how and what they can do with jails, schools, and other elements. He stated sales tax is a good way to get other people to pay; but the dynamics of this are massive.

Commissioner Carlson stated it is no more massive than last year; it is at least more specific; and listening to the feedback from the bosses, they tried to streamline it so it was something the people would understand.

Commissioner Scarborough stated he is having some problems; he is getting a lot of unsolicited negative feedback and no positive feedback; and last time at least there was conversation from elected leaders and average citizens. He stated they all recognize that roads are an element, but there are other elements that are driving other points of the community; the school issue was more popular in his district than he imagined; and he does not know if there have been conversations with the School Board on where it plans to go. He stated he talked with Commander Futch and saw the jail the other day; and they were talking about the Carter Gobles study and the needs. He stated he is frightened about going with this too rapidly; and if it goes down again, at least in his District, it will be a much greater defeat than the last one.

Commissioner Pritchard stated he was quoted in the newspaper, but they left out most of the quote; and his comment was if it was done the same was as the park referendum was done with specific projects, identified costs, and timeframes, people could decide. He stated the people have a right to decide; his comment regarding this time around was that if it is going to be identified and issued properly, etc.; and he had a caveat that did not seem to make it, that they are now faced with a $25,000 additional homestead and potential loss to the County of $21-plus million. He stated they have SIS considerations dealing with money that will not be coming from the Governor; the Legislature did its best to defeat the legislation; and now it is the Governor’s policy to take away FDOT money. He stated there needs to be a time when the County says what is of importance in the County, and what does it want to spend its money on. He stated they are coming up with Beach and Riverfront money that either is going to go away or perhaps be used for some other endeavor; and it is the same for the EEL’s Program. He stated there are other programs that they are currently paying for, albeit some, like the Merritt Island Library, are small amounts of money; but it tends to add up; and a lot of folks are not having vast increases in their income. He stated he would like to hear what the speakers have to say; there is no such thing as a free lunch; and if someone wants something generally, they have to find a way to pay for it. He stated the people will have to find a way to pay because it is their money; they are the bosses of the Commissioners; and the Board will attempt to do what the people would like; but they cannot make everybody happy. He stated the Board is the steward of the public’s money; and it wants to make sure it is spent properly.

Lee Bohmann, representing the Melbourne/Palm Bay Area Chamber of Commerce, stated she represents approximately 1,500 businesses and over 25,000 employees who drive the roads every day to make a living. She stated she feels like it is déjà vu all over again; she just spent several months being the community piñata, going out and talking about the one-cent sales tax that she was not necessarily enthused about because she thought it had some fluff in it; but she was the messenger because she knew roads were needed. She stated the bosses told the Board right; a lot of people recognized that there was fluff; and they did not like the process. She stated they were trying to be team players; they worked together to support the one-cent sales tax because they knew how important the roads are; and the roads are still important even though the bosses said no. Ms. Bohmann stated the residents said no, but still want to drive on the roads, get to work quickly, and get to school in a timely and safe manner; and any time one prevents road construction, they deal with safety in big terms. She stated the voter information told them they want to look at specific things; roads and schools were the two big things; Commissioner Scarborough is right; and she does not know what other big things are in the future, but it does not mean the Board cannot act now on something. She stated seven years ago, they came to the Board and asked it to pass the gas tax; the Board has the ability to do that without having to talk to its bosses or put it on the ballot; but it did not happen. She stated had that happened, they would not have noticed the difference in gas because when she fills her tank, she just fills it and does not say it is ten cents more than it was in 1945 or something. She stated she just knows she needs to get to work or to the Commission meeting; and she may not buy other things, but she does need to fill up her car because there is no other way for her to get around the County. She stated roads need to be planned and built; anytime they look at a well-designed community, road and infrastructure are the main things; and they need to keep focusing on that. She stated leaders need to take chances and risks; and sometimes they are not loved by all people; but they need to look at approving some concept for roads because the Board has not solved this since the 1997 time period when they were before the Board talking about the local option gas tax. She stated if the money is in the budget, the Board should be able to find it in a short-term of order; and if the money is not there, then the Board should take another look at where it can get more money. She stated the Board need to approve, if not this concept, some concept; having it on the November ballot would be logical rather than having any kind of special election; and some cities are not going to be as happy as other cities, depending on size and population; but everyone drives on the roads all over. She stated people use the roads automatically; they do not stop or start at city limits; so they have to maintain that the infrastructure is for the entire economy and works well for all cities. She noted what is right is not always popular, and what is popular is not always right; and the Board needs to face the huge transportation issue. She stated the County is not building a moat; people are not stopping driving through Brevard County or coming to the County because it has not made a decision to take care of the roads; and the Board needs to think about that. She recommended the Board think about the future of the industries that are in the County and doing very well, bringing in new people who earn great salaries to buy the expensive housing that the County has come to appreciate; and advised those people need roads to get to where they need to go.

Commissioner Scarborough stated he wishes it were as simple as some Commissioners making a decision; it is easy to tell the constituents that all the Board did was give them the opportunity to vote; the Board can never be faulted for allowing people to vote; however, if it is put on the ballot and drastically defeated, it may be a long time before the Board would be able to structure something that would come back and pass. He stated it should be measured both ways; if there is not popular demand for this and a belief in the populous that it is important, then it would be moving the County backwards rather than forwards to place it on the ballot; and the sword has two edges.

Ms. Bohmann stated it always has two edges; but the point is everyone wants safe roads to drive on and to get to their enterprises, whether to work, the mall, school, the recreation building or the golf course; and they are not having that right at this point, so it is a challenge.

Bruce Wechsler stated the only thing that came to mind when he saw the news on this year’s edition of the sales tax was Ronald Reagan, and “here they go again.” He stated it is like a Grade B movie sequel; it is back; at least movie producers wait two years before they make people suffer again; but not here in Brevard County. He stated after waiting only eight months since the resounding defeat of last year’s sales tax fiasco, the people are again being asked to bail out the Commission; but he must congratulate the Board on the improvement in packaging this time. He stated as one caller to a local talk radio show said yesterday, “The County must be spending a lot on lipstick trying to make that pig prettier”; changing the term from 20 to 7 years, reducing the size of the wish list, and concentrating just on road projects shows that the Board did listen to what some people said about last year’s version; but this year’s sequel continues to be flawed. He inquired what has the Board done and what is it doing with the money it is already getting; and stated that is what taxpayers want to know. He stated, as he said on July 22 of last year, based on the history of the Board, to give it more money would be akin to giving an out-of-control junkie a fix; if it gets this sales tax money, it will have even less motivation to do the right thing with the revenues it already receives; just today the newspaper reported the property tax revenues are up 14% this year because of new construction and strong resales; and inquired where is that money going. He stated in addition, all the new homes have paid transportation impact fees; and inquired what happened to that. He stated the bonding on the five-cent local option gas tax was paid off in 2001; and inquired what is the Board doing with that money now. He inquired if the Board did not have enough money for roads, why did it not oppose legislation introduced this year by a member of the Brevard Delegation that allowed the local option gas tax money to be used for bikepaths and walkways instead of real road construction. He stated looking at the proposed project list, there are glaring examples of prior mismanagement by this and previous Commissions that have put the County into the current state; and prime examples are Wickham Road where planned alternate routes were not developed, the Pineda Extension where political pressure change the route to one that is much more expensive, and the Palm Bay Beltway, which should and could have been built a long time ago had it not been for the intentional delays and cost increases forced by current members of the Board. He stated the pig may be prettier, but it is still a pig; and recommended not putting this sequel on the ballot because the voters will again give it two thumbs down.

Gary Lane stated he is against the one-cent sales tax; everybody else is charging seven percent; but as his daddy always said, if all of his friends jump off the bridge, does that mean he should too. He stated just because many counties have raised the sales tax is no justification to do it in Brevard County; and having a lower sales tax makes Brevard County more attractive to both local and out-of-town shoppers. He stated it is highly doubtful that tourists and other visitors will pay 25% of the tax; with approximately 466,000 full-time residents, 162,000 tourist visitors would be needed to equal one-quarter of the population; they may buy more t-shirts but they are not buying lawn mowers and appliances like the residents are; and stated whatever money tourists pay on the taxes are removed from the local economy, not added. He stated there is a claim that it will only cost the average family $1.80 per week; even if one believes the 25% tourist figure, that would leave the other 75% to be paid by residents; and with an estimated $54 million per year, $40.5 million after tourists, in total revenue, it comes closer to $3.89 per week per household or approximately $202 per year. He noted if tourists are paying only 10%, that number jumps to over $242; and his sources was the Brevard County Commission estimate of sales tax revenues and the 2002 census figures. He stated the claim is this is a fair way to raise money; but it is the average family, small business owner, or people on fixed incomes who will pay the highest percentage of their income for this tax. He stated if someone buys an $80,000 boat, he can pay the additional one-cent sales tax on only the first $5,000; but if they can only afford to buy a $4,500 used car, then they pay one cent on the whole purchase; and the same is true for all basic necessities like clothes, furniture, appliances, etc. He noted his source is Chapter 212.055, Florida Statutes, Local Government Infrastructure Sales Tax. He stated the claim is the money is needed for roads; the County has not constructed any new roads for three years because the money was used for ditch digging; and no one knows where the ditch cleaning money went. He stated the claim is that the Board and the School Board have been good stewards of the tax money; but this is the same Board of County Commissioners that spent $7.25 million for the Sarno property that was sold the same morning for $1.2 million; and this is the same School Board that had five years increase in the student population of 3.9% and five-year increase in operating revenue of 25%. He stated it is said that if they do not get this money, they will have to raise property taxes; the Board just imposed its third consecutive tax increase in violation of the County’s 3% tax cap; the County’s tax revenue has grown 8.7% per year for five years, which is more than double the inflation rate and population growth combined; and in spite of this, the County is crying poverty because its spending has grown at an even greater 9.2%. He stated even with the windfall money from new construction and resales, the Board continues to spend an alarming deficit; the one percent referendum was defeated by voters last year by a 65 to 35% margin; and requested both sides save time and expense by stopping the revival of the penny sales tax today.

Clyde Thodey commended Commissioner Carlson for her effort; stated she did an outstanding job putting the package together; but he does not support it because it does not address what really needs to be addressed. He stated there are three issues in the County that speak to everyone; schools are number one, roads are number two, and the Sheriff’s Department is number three; and if the Commissioners would put their heads together they could come up with a plan and would get support as it has before. He stated the Board would get support on a one-third cent for the Sheriff’s Department, one-third cent for the schools, and one-third cent for the roads; and it could make an agreement with the cities that they would not get any of the money because the cities are already using the County roads and the jails. He stated the County does not have the jails it needs; and he is proud of Commissioner Colon for saying she is not part of “we” and saying the way it is. He stated everyone wants the County to grow in a right and proper manner; but it cannot when the people have to constantly come back and battle the Board over one percent sales tax; and commented on the seven-year period versus the five-year period. Mr. Thodey stated if there were no frills and citizens were allowed on the Committee, they could tell the Board how it would be written and then the referendum would pass because the people want the County to have the three things he mentioned.

Bob Wille stated he is a former elected official as well as a member of the Brevard County Metropolitan Planning Organization and the Central Florida MPO Alliance; and commended Commissioner Carlson and staff for trying to address this most difficult issue. He stated he has spoken to Commissioner Carlson a number of times as well as to the Legislative Delegation on the increasing deficit that the transportation needs are increasing; and he had a lot of prepared notes; but from the comments he is hearing, he is throwing it back to the Board. He inquired how is the Board going to resolve the problem; and stated how they got to this point is water under the bridge, and they need to address what he is looking at, which is $463 million over seven years. He stated that is not going to get fixed with $1.6 million in local option gas tax; taxes have been moved to operations; and that is not going to get it, nor will impact fees do it. He stated these are major projects; the Board knows what he is talking about and the expense and time that it will take; and the projects are only getting more and more expensive because of the cost of right-of-way and building more environmentally friendly roads. He advised the longer this is delayed, the harder it gets; nobody asked Commissioner Carlson to do this; but she knows that the deficit is bad and getting worse. He stated he is not saying there are not other issues out there; but he has a passion for this one because it is clearly indicative of the quality of life for the community. He stated he could go into all the tabulations of how many extra hours people are spending in their vehicles every day, the extra gas costs, and the more gas emissions into the environment; they would all like to see a better transportation network; and there are ways to go about it. He noted he did not see a lot of road widening listed; there are smarter ways to go about things; and he thinks Commissioner Scarborough’s problem is more of a timing issue.

Commissioner Scarborough stated he only had comments for three days; but he does not think the cities can be excluded because they are a powerful voice throughout the community. He stated except for that, he thinks a three-pronged approach may be more prudent than just transportation projects because unless someone is directly impacted by a road, they are not going to get excited about this particular issue. He stated he read a report that came out of Orlando that made the determination that only 30% of the people drove to work, and then only a smaller percentage of that were actually caught in traffic jams; and unless a person sees and feels the problem, they normally do not vote to tax themselves to solve the problem. He stated with a broader approach, they have the ability to touch more people; but his initial reaction from District 1 is that there will be a lower percentage voting in favor than even last time. He stated if they put it on and go with it, and begin to regress by having 22% in favor rather than 30% in favor, they may get to a point where the community says it knows there is a problem but really does not want the Board to fix it. He stated that could be the message they receive, which actually could put people like Mr. Wille who has spent a lot of his life sitting on the MPO and studying these issues at a tremendous disadvantage.

Franck Kaiser, representing Home Builders and Contractors Association, commended Commissioner Carlson for her courage in bringing this issue to the forefront; and stated it does need to be solved, but there may not be one simple answer. He stated they need to have the courage to stand up and do something about the transportation infrastructure issues; they do not see another solution from a construction industry field for a broad-based source of revenue; this is not a small issue that can be solved with $5 or $10 million; and he does not see another source. He stated there have been allegations that they have not managed the funds and revenues they have; and there have been questions about what they are going to do with the money. He stated the Board would be well advised to address that and let the people know what will be done with the money, how it might redirect some of the existing resources, and whether it needs a sales tax. He stated they have always supported a broad-based tax for roads because there is a deficit infrastructure need as well as for schools and the Sheriff’s Office. He stated he agrees the three-pronged approach may be the wisest because those are three areas that are the greatest deficit at this time; and everyone has to have the courage to look at that. He stated he knows this is a political year and people have platforms of no new taxes; but that is not going to solve the problem or face the responsibility to the Board’s bosses. He stated he does not want any more taxes personally and does not know anybody who does; he bought a new house this year and his taxes went up tremendously; new construction is contributing a great deal to the economy of the County; and new construction generates a lot of sales tax. He stated approximately 40% of the price of a home goes into sticks and bricks on which sales tax is paid; and it is not just homes but all the new commercial construction that is going up. He stated that would be a tremendous source of revenue; a lion’s share of that would probably be paid by the construction industry, which passes it on to the homebuyer or the person who owns the building; but the bottom line is they have to take responsibility and cannot always say no new taxes. He stated they have to bite the bullet and say there is a problem; and the pressing issue is what are they going to do to fix it. He stated they are looking to their elected officials to take the hard fight on and not do the popular thing; and if there are going to be no new taxes, they need to find the money to solve the problem in the existing budget. He stated one way or another, this has to be addressed; it is not being addressed; and thanked Commissioner Carlson for bringing it up.

Commissioner Colon stated Mr. Kaiser is familiar with people in the building industry; and inquired if he had been given millions of dollars to build 200 homes, but the money that was supposed to build those homes did not build them, what would he do with that kind of frustration. She stated this is not just because it is a reelection year; it is her fourth election and she has been blessed; but she asks the tough questions and has been asking them. She stated Mr. Wille does not want to talk about the past; and inquired how can they not talk about the past when they are talking about accountability. She inquired how can she tell her bosses that she did not get an answer in regard to what was done with the dollars; and stated it does not work like that. She stated the accountability has not been there; and that is where her frustration is.

Mr. Kaiser stated he understands that; their frustration is in the accountability area as well; and he is not advocating spraying a money hose on this issue, but he is advocating spraying some money on the issue and solving the problem. He stated the Board needs to find it in its budget or find another source of revenue.

Commissioner Scarborough stated in trying to analyze some of the reasons the referendum failed last time, one of the issues that came up was impact fees and whether the County is at the full measure of impact fees, and if not, why tax with a sales tax on the residents to pay for growth. He stated if they go to a sales tax, they probably need to bring impact fees to the full measure; otherwise, they will run into the same wall of voter resistance. Mr. Kaiser stated he understands, but differs in that opinion; and impact fees will not pay for it either.

Kendall Moore, Chairman of the Rockledge City Council, stated the City has not taken a vote or adopted a resolution or anything else to support or not support the tax as it exists; and they appreciate Commissioner Carlson bringing up the issue, but she knows well the impact that the cities are facing, specifically the City of Rockledge as it relates to road construction. He stated they have been before the Board relating to Barnes Boulevard, which is a County road within their City; it has hit a point where level of service will not allow any more development on that road; and the Council passed a 90-day moratorium at its last meeting. He stated Barnes Boulevard is somewhat of an artery that is located partly between Rockledge and Viera, so it is not only used by the City residents but by the residents from the unincorporated County. He stated most of the residents are either using the Wickham Road corridor or Barnes Boulevard to access I-95; the situation they have right now with many pending projects and with Barnes Boulevard being what amounts to the major funding source and catalyst as far as the community redevelopment agency is concern is that they are almost at a stopping point. He urged the Board, whether through a tax or other funding mechanism, to consider again the impact that it is having on the ability of the cities and their ability to fund projects. He stated the City has committed 50% of its transportation impact fees for that specific road project; and urged the Board to help them continue to develop on corridors like Barnes Boulevard and others that are important to the City.

Chair Higgs stated she wants to clarify her position; the County is never going to build its way out of bad planning and bad growth management; and if it does not install good growth management throughout the County, it will never be able to supply sufficient roads to meet the demand. She stated that has been her stand for a long time; and until they do that, there will always be a backlog. She stated the pressing need right now is to be able to properly design and fund a jail that meets the needs and plans into the future; so for her, a referendum that does not address that issue is inadequate. She stated she has no confusion about where the current gas tax is going and how it is being used; and requested the County Manager provide a report on how gas tax is being and has been used for the past four years so there will be no confusion in anyone’s mind. She stated if anyone from the public wants the report, they can get that from the County, so there will be no confusion. She stated Commissioner Carlson did an outstanding job of putting together a suggestion, and while she does not agree with it, she appreciates the thought and opportunity for people to bash the Board again.

Commissioner Pritchard stated he mentioned earlier about the Beach and Riverfront Program as well as the EEL’s program, and even something as small as the Merritt Island Library Taxing District; there are a lot of those districts; and he would like a report on all of the special taxing districts, how much revenue they bring in, and what the sunset would be for each. He stated there could be potential to redirect that money; he realizes they are not going to come up with $364 million; but the three issues of primary concern to the County are transportation, education, and incarceration, with the jail issue high on the list. He commented on legislation and the Governor’s policy of taking money from discretionary road projects and FDOT projects and putting it into only SIS projects; and those are generally connectivity roadways between counties. He inquired if a resolution from the Board opposing the Governor’s policy would be appropriate; and advised the MPO took a position on it at the last meeting.

Chair Higgs stated there are only two roads in the County that are on the State list; one is I-95 and the other is SR 528; the MPO and a number of counties are on the record; she does not see anything that is going to change the Governor’s mind; so she would rather leave it there.

Commissioner Pritchard stated on July 20, Mr. Jenkins is going to be addressing a comment he had about litigation supporting the Florida Association of Counties, typifying what Santa Rosa County did. He stated when he went to Santa Rosa County, he found out it was suing the State concerning unfunded mandates; and he liked the idea and passed it on to Mr. Jenkins who will bringing back a report on it. He stated his point is that sometimes the Board has to take action and let the State know it is not happy with what the State is doing and this is the Board’s position on it.

Chair Higgs stated all Commissioners received correspondence from the Florida Association of Counties; and the Association is asking the County to be a part of that, so that will come back to the Board.

Commissioner Carlson stated she appreciates everyone’s consideration and the comments from the public; she has an open mind; and Chair Higgs put it in good terms relative to good growth management. She stated a lot of them would not be here today if it was not for the fact that the County is not following its growth management guidelines and Comprehensive Plan; each Commission is burdened in trying to make up the deficit for previous Commission mistakes, political pressures, or whatever they might be; but as Mr. Wille said, they need to find a solution now. She stated it is too late to prepare anything to take it through a process of discussion to get it onto the November ballot; her efforts were just to bring attention to the need; and how and when they find the solution is up to the Board. She stated the Board needs to take the commentary it received today to heart; and there were some good suggestions. She stated Mr. Weschler asked where the money is going; the County publishes a budget summary every year for people to look at, which shows that 40% of the General Fund is taken up by the Constitutional Officers, who do not always have the best handle on their budgets; and the Board does not have a lot of say about those budgets. She stated they could take the tack of Polk County, which is putting on the ballot to take all the Charter or Constitutional Officers and put them under the Charter, cut their salaries in half, and put them under departments, which would give the Commission in Polk County full leeway to say what should and should not be in their budgets. Commissioner Carlson reiterated the Board does not have that ability right now; over the last eight years, the Sheriff’s budget has grown by $30 million; and that is not a small amount for the budget, so the Board is not the only one responsible for all the dollars in the budget and is not always able to get those numbers the way it would like to or make the decisions that would affect the community in the most positive way. She stated it may be possible to utilize the Charter a little better and get a better grasp on the budget; and that is probably a good place to start. She stated the Comprehensive Plan is out there for every citizen to peruse and ask why certain things are not being done; the bottom line is they have to follow the Comprehensive Plan; it was put there by the citizens of the community to follow; and it is up to the Board to be good stewards of that document.

Chair Higgs stated unless there are motions from the Board, that concludes the discussion. She thanked the public for providing input; and stated the Board will continue to work these issues as transportation is critical to everyone.

County Attorney Scott Knox stated between the Associations, representatives of the developer of The Great Outdoors, representatives of the County, and Mr. Williams, they came to some kind of agreement in principle as to how to resolve all the difficulties including the lawsuits; he has been charged with the task of amending the agreement to incorporate those changes; and rather than try to explain it, it would be easier to write out the changes. He stated there was some concern about the security; they made the agreement contingent upon some sort of expert appraisal opinion that the property is worth more than 125% of the cost; and he thinks that will be easily met. He stated they have come to the conclusion that there are actually two permitting processes that are going to be undertaken concurrently; one involves the water tank and that is the short term proposal that was given to the Board by Mr. Krug of Post Buckley Schuh and Jernigan; and the other will be the lines that will be placed within the community itself to make sure the pressure is at 750 gpm at all the hydrants. He stated those are two different permitting processes; but once the commitment is made to the tank, the other follows, and it is just a matter of how much new line they have to put in to make the 750 gpm work; so there will be two different timeframes to cover both of those different permitting processes. He stated in exchange for that, the Board will be agreeing to release the building permits; and there will be releases and dismissals of all lawsuits. He stated that is basically where they are; he told Mr. Williams, who has an issue of having people working for him who are concerned about what the Board is going to do, that he would ask today if the Board would considering releasing 18 of the 40 permits, and then the balance would be released upon execution of the agreement,
which he assumes will take place Thursday if everyone agrees to it. He stated he has also been told by representatives of the Association that it cannot agree to that because it has no authority to do so.

Chair Higgs stated at the meeting in March, Mr. Knox stated the motion so that the Board understood better; and requested Mr. Knox express the appropriate motion for the Board to consider.

Commissioner Scarborough inquired why are the 18 to be released different from the others; with Mr. Knox responding the 18 have been approved and the permits are just waiting to be picked up. Commissioner Scarborough inquired if there is a difference between doing that today and doing it the day after tomorrow; with Mr. Knox responding there is not much difference, but he told them he would ask. Commissioner Scarborough inquired if they are going to build 18 houses between today and the day after tomorrow; with Mr. Knox responding no, but Mr. Williams may make some commitments to his employees that he could not otherwise make until Thursday.

Chair Higgs requested Mr. Knox express the terms of two motions or one motion. Mr. Knox stated it would depend on whether the Board is going to release the permits today or not. Commissioner Scarborough stated there are things that are reasonable and things that are not; the Board took action in mid-March; and all of a sudden today two days has become critical. He stated there are things that do not ring true; and if there was the desire, there should have been other actions in other ways, so he is not going to support release of the permits because the Board has the right to something more tangible. Mr. Knox stated that is fine. Chair Higgs stated they are talking about 18 permits that Mr. Williams has already submitted that have been reviewed; with Mr. Knox responding he assumes they have been reviewed and are ready to be picked up. Chair Higgs stated she is interested in settling the issues involved here including the lawsuit with Mr. Williams. Commissioner Scarborough stated it can be settled under the County Attorney’s report on Thursday morning. Commissioner Pritchard inquired if this is only a question of delaying 18 permits until Thursday; with Mr. Knox responding that is what they are talking about. Commissioner Pritchard inquired if that is Commissioner Scarborough’s concern. Commissioner Scarborough responded once the County issues a permit, it opens Pandora’s box as to the people because once they have a permit they have all the expectations of pulling a certificate of occupancy; and he is not saying he does not want this thing to move forward; but the Board was told early on that it could not issue permits under the DRI under the Florida law if certain things were not in place; that was modified to when they have an agreement; and at this point they are less than two days away from having that agreement, so he does not understand the criticality of moving at this moment. Mr. Knox stated he does not think that is unreasonable, and does not think that Mr. Williams thinks it is unreasonable. Commissioner Pritchard stated they will wait until Thursday. Chair Higgs stated the Board will see this on Thursday.

Mr. Knox stated the simple motion would be to continue this matter to Thursday morning when he will come back with an agreement based on the outlined he gave the Board. Commissioner Scarborough inquired if it can be done under the County Attorney’s report; with Mr. Knox responding affirmatively.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to continue the agreement for a fire protection system at The Great Outdoors RV/Golf Resort until
July 15, 2004, to be brought up under the County Attorney’s report. Motion carried and ordered unanimously.

Chair Higgs stated there is a budget workshop scheduled upstairs on Thursday, July 15, 2004; but just in case a number of people want to be present for this portion of the discussion, they will start in the Commission Chambers and then move upstairs to the Florida Room for the workshop. She stated she appreciates everyone trying to work with the County on this.

Mike Raphael stated he has 40 years experience as an internal auditor, 29 in a Fortune 500 corporation and 20 in the public sector, more recently retired as Director of Internal Audit at Brevard Community College; and he is a member of the Audit Committee of the School Board of Brevard County. He stated the present structure of the County’s Internal Audit Committee is two community public appointees, the Chair of the Board of County Commissioners, the County Manager, and the Clerk of Courts; so there are five voting members, but only two are from the public. He stated at present the School Board has five citizen appointees who vote and the others are ex officio non-voting members, including the Superintendent, the Area Superintendent, and the Chairman of the School Board. He stated it is an entirely independent internal audit committee, it is a lot easier for the internal auditors who are reporting to the committee to provide an impartial opinion on what they have found; but when employees are voting on the Audit Committee, there is the perception that when their areas are reviewed, the internal auditors may not be completely impartial. He read aloud from a booklet put out by the Institute of Internal Auditors on audit committee briefing on roles and responsibilities, under Member Composition, Structure of the Audit Committee, stating, “The audit committee should be made up of individuals who are independent of the day-to-day management of the public sector entity and who have the necessary program and/or management expertise to perform their review function effectively. One of the primary reasons for this independence is to insure an unbiased perspective on reports and recommendations brought to the committee. If internal auditors bring to light weaknesses or deficiencies through an audit finding and the audit committee is comprised of members from within, they may be affected by their direct involvement in the problem areas. On the other hand an audit committee made up of members outside the organizations’ management structure would be more apt to be impartial and objective in such manners. They would also be able to bring a wider range of management experience to the decision-making process.” He stated he brings this to the Board for its consideration for possible restructuring of the audit committee, if appropriate.

Commissioner Carlson stated that is a great idea; it should be structured the same way; and they should look specifically for educated people to have a purely independent external audit that will function without any bias and have ex-officios sitting on the sidelines for questions. Chair Higgs stated she does not think they should make them ex-officios; and they should just have staff there.

Motion by Commissioner Carlson, to change the Internal Audit Committee process.

Chair Higgs inquired if saying to change the process means Commissioner Carlson wants them to come back with suggestions on how to change it or does she want to come up with a decision today. County Manager Tom Jenkins stated it is a simple resolution; and they can revise it to the new structure with five members. Commissioner Carlson stated they need to lay out specific criteria for having them on board. Mr. Jenkins stated they already have criteria; they simply need to change the resolution so the members are the five citizen appointees; and suggested they start the announcement process so people can start submitting resumes or applications because there is a vacancy now. He stated they will contact all the people who applied last time they did this because there were some excellent candidates. Chair Higgs inquired how will the Board appoint them; with Mr. Jenkins responding it will come back to the Board. Chair Higgs inquired if the Board would appoint all five rather than individually; with Mr. Jenkins responding the Board will appoint them.

Commissioner Carlson stated she does not recall the criteria; and inquired would it include those who have either a CPA or auditing experience; with Mr. Jenkins responding yes, auditing, accounting, and finance professionals.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve restructuring the Internal Audit Committee to five individuals with professional financial experience; authorized announcement of the process and solicitation of resumes of interested parties; and direct that resumes be returned to the Board for final decision on membership.

Commissioner Pritchard stated having all the recommendations come to the Board and the Board make the selection of the five is a little different than how the Board has done other appointments; and inquired why would the Commissioners not want to make their own appointments, seeking the same qualified business people. Commissioner Carlson noted the Board appoints this way on the hospital board. Chair Higgs stated EEL’s does it that way. Commissioner Carlson stated it has been done this way on several occasions; if the Board is going to make this something that is strictly hands off politically so it is truly an unbiased perspective looking from the outside in, then it needs to bring in the resumes based on the criteria and pick the best five candidates on the ranking system that is in place. She stated she would rather see what is out there and see who qualifies for it; and she may not have anybody in her District she would want to appoint.

Mr. Rafael advised the way it worked on the School Board was each Board member brought a candidate for approval. Commissioner Carlson inquired was it open for additional candidates so there would be more than just five; with Mr. Rafael responding no, he does not think the Board would want it to get too large, which would make it unwieldy, and he would recommend seven at the maximum. Mr. Jenkins noted he thinks Commissioner Carlson meant the size of the applicant pool. Commissioner Carlson stated the Board can do it any way it wants; but it is good to know how the School Board did it. Chair Higgs stated she liked Commissioner Carlson’s idea better. Commissioner Pritchard stated he is looking beyond the District to anyone who wants to be part of this; he would evaluate the credentials; when he looks at Mr. Rafael’s credential, they are outstanding; and if he were to get a request from Mr. Rafael, he would have no problem selecting him for his appointment. Chair Higgs stated if they advertise Countywide, they will get the best people to enter their names for consideration; and then the Board can choose the five best. Commissioner Scarborough stated for something of a policy nature such as a Park and Recreation Board, he could get into that; but when they get to auditing, it does not have to be someone from one’s District, but they need to look at the expertise they bring to the table; and he goes with it being a Board decision after looking at the hard credentials. Commissioner Carlson stated that makes it a little more apolitical.

Commissioner Carlson reiterated the motion; and Commissioner Pritchard affirmed his second. Chair Higgs called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Carlson stated the lighting position issue is in the Zoning Code and there is no waiver provision; County Attorney Scott Knox advises the Board can direct staff to amend the Zoning Code, and then Cousins can proceed, given the anticipated change in the Code; and staff agrees that the Code needs to change because of the existing problem. She stated currently the lights can be shined up or down, but not against the building or trees; it does not make sense; and it is bizarre that it hasn’t been caught before.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to allow Cousins to go forward and proceed with their lighting; and direct staff to bring back the Zoning Code with the appropriate changes.

Chair Higgs inquired if staff is directed to advertise and avoid legislative intent so this will move along; with Commissioner Carlson responding yes.

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

WARRANT LISTS

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

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

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SCOTT ELLIS, CLERK

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