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


February 7, 2006



The Board of County Commissioners of Brevard County, Florida, met in regular session on February 7, 2006, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, and Susan Carlson, County Manager Peggy Busacca, and County Attorney Scott Knox. Absent was: Commissioner Jackie Colon due to illness.


The Invocation was given by Pastor Ron Meyer of Faith Viera Lutheran Church, Viera, Florida.


Commissioner Helen Voltz led the assembly in the Pledge of Allegiance.


RESOLUTION, RE: REQUESTING CONGRESS PASS THE WATER RESOURCES
DEVELOPMENT ACT

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution requesting Congress pass the Water Resources Development Act and fund beach nourishment projects. Motion carried and ordered unanimously. (See page for Resolution No. 06-026.)


APPROVAL OF RESTORATION PLAN, RE: RESOLUTION OF WETLAND PROTECTION
VIOLATION OFF GRANT ROAD, WEST OF U.S. 1

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve the restoration plan for Robert Fraser, Jr.’s property in Grant to resolve wetland protection violations. Motion carried and ordered unanimously.


RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR
CHAROLAIS SUBDIVISION, PHASE 1

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution releasing Contract dated April 26, 2005 with The Viera Company guaranteeing improvements in Charolais Subdivision, Phase 1, as the developer has completed all improvements for the project. Motion carried and ordered unanimously. (See page
for Resolution No. 06-027.)





RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR
CHAROLAIS SUBDIVISION, PHASE 2

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution releasing Contract dated September 13, 2005 with The Viera Company for improvements in Charolais Subdivision, Phase 2, as the developer has completed all improvements for the referenced project. Motion carried and ordered unanimously. (See page
for Resolution No. 06-028.)


RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR
STADIUM PARKWAY, PHASE 1

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution releasing Contract dated July 20, 2004 with The Viera Company for Stadium Parkway, Phase 1, as the infrastructure work has been completed. Motion carried and ordered unanimously. (See page for Resolution No. 06-029.)


RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR
STADIUM PARKWAY, PHASE 2

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution releasing Contract dated July 20, 2004 with The Viera Company for Stadium Parkway, Phase 2 as the infrastructure work has been completed. Motion carried and ordered unanimously. (See page for Resolution No. 06-030.)


UNPAVED ROAD AGREEMENT WITH MARJORIE HENDRICKS, AND ACCEPT
TEMPORARY EASEMENT FOR CUL-DE-SAC, RE: TARRAGON AVENUE

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Unpaved Road Agreement with Marjorie Hendricks for construction of a road known as Tarragon Avenue pursuant to the Unpaved Road Code of Ordinances Section 62-102; and accept a temporary easement for the cul-de-sac. Motion carried and ordered unanimously. (See page for Agreement.)


EXTENSION OF SITE PLAN SP#05-02-003, RE: WUESTHOFF CLINIC EXPANSION

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant a six-month extension for review and approval of Site Plan SP#05-02-003, Wuesthoff Clinic Expansion, from February 4, 2006 to August 4, 2006, to allow the applicant to redesign the proposed project. Motion carried and ordered unanimously.




EXTENSION OF SITE PLAN SP#04-08-001, RE: SUNTREE AUTOSPA

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant a six-month extension for review and approval of Site Plan SP#04-08-001, Suntree Autospa, from February 5, 2006 to August 5, 2006, to allow the applicant to redesign the proposed project to meet St. Johns River Water Management District and County requirements. Motion carried and ordered unanimously.


EXTENSION OF SITE PLAN SP#04-01-001, RE: SHOPPES AT BAYTREE DRIVE
AND WICKHAM ROAD

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant a six-month extension for review and approval of Site Plan SP#04-01-001, Shoppes at Baytree Drive and Wickham Road, from January 30, 2006 to July 30, 2006, to allow the applicant to redesign the proposed project to meet St. Johns River Water Management District and County requirements. Motion carried and ordered unanimously.


LEASE AGREEMENT WITH FLORIDA INLAND NAVIGATION DISTRICT, RE: DREDGE
MATERIAL MANAGEMENT AREA BV-2C

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Lease Agreement with Florida Inland Navigation District, to locate dredge material at Dredge Material Management Area BV-2C to maintain unpaved roadways throughout the County. Motion carried and ordered unanimously. (See page for Lease Agreement.)


TASK ORDER NO. 97-32 WITH HDR ENGINEERING, INC., RE: SARNO HOUSEHOLD
HAZARDOUS WASTE FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Task Order No. 97-32 with HDR Engineering, Inc. under the continuing engineering Contract to review previous design and evaluate consistency with current Building Code, and making any required changes; verify condition of construction materials previously delivered under the Contract with DooleyMack, Inc. and inventory same; prepare bid documents and permit documentation; evaluate bids; and provide construction oversight activities for Sarno Household Hazardous Waste Facility. Motion carried and ordered unanimously. (See page for Task Order No. 97-32.)


APPROVAL TO DEMOLISH BUILDINGS, RE: BABCOCK STREET WIDENING AND
PINEDA CAUSEWAY EXTENSION PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize demolition of recently acquired buildings at 1807 Babcock Street and 5595 N. Wickham Road in conjunction with the Babcock Street Widening Project, from U.S. 192 to Fee Avenue, and the Pineda Causeway Extension Project. Motion carried and ordered unanimously.
AGREEMENTS WITH WESTERN JUDICIAL SERVICES, INC.; PREVENT OF BREVARD,
INC.; SPECIAL TREATMENT EDUCATION AND PREVENTION SERVICES, INC.; AND
THE CENTER FOR DRUG FREE LIVING, INC., RE: ALCOHOL AND DRUG ABUSE
TRUST FUNDS

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Agreements with Western Judicial Services, Inc.; Prevention of Brevard, Inc.; Special Treatment Education and Prevention Services, Inc.; and The Center for Drug Free Living, Inc., providing for alcohol and drug abuse trust funds; and authorize the Chair to sign any amendments to the Agreements and approve budget changes. Motion carried and ordered unanimously. (See pages for Agreements.)


AGREEMENT WITH FLORIDA DEPARTMENT OF EDUCATION, RE: SUMMER FOOD
SERVICE PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Agreement with Florida Department of Education for the Summer Food Service Program administered at Cuyler Park, Campbell Park, Boys and Girls Club, Woody Simpson Park, Joe Lee Smith Park, and Cocoa West Park by the Parks and Recreation Department. Motion carried and ordered unanimously. (See page for Agreement.)


ACCEPTANCE OF MITIGATION LAND DONATION FROM F.B.C. OF BREVARD, INC.,
RE: WETLAND HABITAT IN SYKES CREEK MARSH

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to accept the mitigation land donation of wetland habitat in Sykes Creek Marsh, north of Ulumay Sanctuary from F.B.C. of Brevard, Inc., contingent upon receipt of proof of marketable title, title insurance policy, a boundary survey, and environmental assessment. Motion carried and ordered unanimously.


ACCEPTANCE OF MITIGATION LANDS, RE: FUTURE SCRUB JAY, GOPHER
TORTOISE AND WETLAND MITIGATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize EEL staff to accept future land donations for scrub jay, gopher tortoise, and wetland mitigations as deemed appropriate by the EEL Selection and Management Committee for management under the EEL Program. Motion carried and ordered unanimously.


APPROVAL, RE: REVISED POLICIES

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve revised Policy BCC-21, Budget and Financial; Policy BCC-25, Procurement; and Policy BCC-27, Construction Contracts. Motion carried and ordered unanimously. (See pages
for Policies.)
RESOLUTION, RE: AUTHORIZING TAX EXEMPT COMMERCIAL PAPER LOAN FOR
SELECT MSBU PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution authorizing commercial paper loan for Serna Avenue Road Paving MSBU and Pine Street/Leghorn Street MSBU Projects; and authorize the Chair and County Attorney to sign the necessary loan documents and staff to make necessary budget changes. Motion carried and ordered unanimously. (See page for Resolution No. 06-031.)


REAPPOINTMENTS, RE: SPACEPORT COMMERCE PARK AUTHORITY

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to reappoint Pat Conner, Susan Cossey, Jay Schenck, Ed Washburn, and Jim Tulley, and appoint Alan Boggs to the Spaceport Commerce Park Authority with terms expiring December 31, 2006. Motion carried and ordered unanimously.


PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT COMMITTEES,
AND AWARD CONTRACTS, RE: CONTINUING GENERAL CONTRACTING SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant permission to advertise request for proposals for continuing general contracting services; appoint Greg Minor of Parks and Recreation or his designee, Facilities Director Steve Quickel, and Facilities Engineering and Construction Manager Carl Tucker to the Selection and Negotiating Committees; award proposals to best qualified firms; and authorize the Chair to execute appropriate Contracts and the County Manager or her designee to approve yearly option renewals. Motion carried and ordered unanimously. (See pages
for Contracts.)


PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT COMMITTEES,
AND AWARD CONTRACTS, RE: ROOFING CONTRACTING SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant permission to advertise request for proposals for continuing roofing contracting services; appoint Facilities Director Steve Quickel, Facilities Viera/Central Area Manager Bill Clifton, and Greg Minor of Parks and Recreation or his designee to the Selection and Negotiating Committees; authorize award of Contracts to the best qualified firms; authorize the Chair to execute the Contracts; and authorize the County Manager or her designee to approve yearly option renewals. Motion carried and ordered unanimously. (See pages for Contracts.)






APPROVAL OF POSITION AND BUDGET CHANGE, RE: TOURISM DEVELOPMENT
OFFICE

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve addition of one 0.2 FTE position, Job #5430, Staff Assistant I/Office Assistant I for the Tourism Development Office; and approve all required Budget Change Requests. Motion carried and ordered unanimously. (See pages for Budget Change Requests.)


REQUEST FOR EXECUTIVE SESSION, RE: BREVARD COUNTY v. ELLER BROTHERS
INVESTMENT, LLC., ET AL

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize advertising and scheduling an executive session for February 21, 2006, at 11:30 a.m. or as soon thereafter as possible to discuss strategy relating to the Brevard County v. Eller Brothers Investments, LLC, et al litigation. Motion carried and ordered unanimously.


AGREEMENT WITH SOUTHERN STRATEGY GROUP, INC., RE: STATE LOBBYING
SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Agreement with Southern Strategy Group, Inc. (John Thrasher) to provide lobbying services at the State level. Motion carried and ordered unanimously. (See page for Agreement.)


RESOLUTION, RE: AUTHORIZING APPLICATION FOR ANNUAL STATE EMS
COUNTY GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution authorizing application to Florida Department of Health for an annual Trust Award/Grant to expand and enhance Countywide Emergency Medical Services (EMS); and approve necessary budget amendments. Motion carried and ordered unanimously. (See page
for Resolution No. 06-032.)


AGREEMENT WITH CITY OF MELBOURNE, RE: AUTOMATIC AID FOR
FIRE PROTECTION

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Agreement with the City of Melbourne for fire protection automatic aid; and authorize the County Manager or her designee to execute renewal options. Motion carried and ordered unanimously. (See page for Agreement.)




PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, RE: EMPLOYEE GROUP
HEALTH BENEFITS FOR 2007

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize advertising Request for Proposals in joint effort with the Brevard County Public Schools for Employee Group Health Plan products to be effective January 1, 2007; and authorize the Employee Benefits Insurance Advisory Committee to act as the Selection Committee. Motion carried and ordered unanimously.


RESOLUTION, RE: EXPRESSING APPRECIATION TO MATT SOKOLOSKI

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution expressing appreciation to Matt Sokoloski for his service on the Planning and Zoning Board. Motion carried and ordered unanimously. (See page for Resolution No. 06-033.)


RECOGNITION OF BALANCES FORWARD, RE: SHERIFF’S OFFICE

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to recognize balance forward funds of $975,000 for jail expansion, jail modification, and increased fuel costs for the Sheriff’s Office. Motion carried and ordered unanimously.


APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to appoint/reappoint Brent Dalrymple to the Investment Committee with term expiring December 31, 2006; and Ann Nicol, John Radencic, John Nast, and Clifford Barber to the Contractors Licensing Board with terms expiring December 31, 2006. Motion carried and ordered unanimously.


APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve bills and budget changes as submitted. Motion carried and ordered unanimously. (See pages
for List of Bills and Budget Change Requests.)


APPROVAL, RE: BAD DEBT WRITE-OFF

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve write-off of various uncollectible receivables identified by Departments in the amount of $46,244.65. Motion carried and ordered unanimously.



REPORT, RE: EXECUTIVE SESSION FOR IAFF NEGOTIATIONS

County Attorney Scott Knox advised the IAFF Negotiating Committee requested an executive session on February 16 to discuss the Union negotiations.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to authorize advertising and scheduling of an executive session with the Negotiating Committee for February 16, 2006, at 11:30 a.m. or as soon thereafter as possible to discuss the IAFF Union negotiations. Motion carried and ordered unanimously.


REPORT, RE: 2007 BUDGET PREPARATIONS

Commissioner Pritchard requested staff include in the preparations of the 2006-07 budgets the savings realized in 2005-06 and compare it with savings anticipated in the new budget.


REPORT, RE: CONGRATULATIONS TO CHAIR VOLTZ

Commissioner Pritchard congratulated avid football fan Chair Voltz for cheering for the Pittsburgh Steelers in the Superbowl, as her team was victorious.


REPORT, RE: LONG-RANGE PLANNING AND SOLID WASTE WORKSHOPS

Commissioner Pritchard inquired if Bob Seemer would be at the Long-range Planning Workshop, and if the solid waste master plan would be available for the Solid Waste Workshop; with County Manager Peggy Busacca responding yes, Mr. Seemer will be at the Long-range Planning Workshop on February 16, 2006; and staff will try to have a status report on the master plan for disaster preparedness being performed by PBS&J for the Solid Waste Workshop on February 23, 2006, but the intent of the workshop was to look at development potential of Deseret Ranch.


REPORT, RE: SAMPLE OF THE ARTS – BREVARD MUSEUM

Jeanine Smith, representing the Brevard Museum of History and Natural Science, advised of its exhibits, activities, facilities, and availability seven days a week except for a few holidays and its Circle of Science facilities.


REPORT, RE: BUILDING MORATORIUM ON WICKHAM ROAD

Commissioner Carlson advised the moratorium on Wickham Road expires on February 10, 2006; if the moratorium goes away, the current Melbourne and County vested trips will take the road up to about 98% of its maximum allowable capacity; and that would leave about 648 trips, which may exceed the needs of whatever project is next on Melbourne’s list of site plans under

REPORT, RE: BUILDING MORATORIUM ON WICKHAM ROAD (CONTINUED)

consideration. She stated the drafts of the Intelligent Transportation System (ITS) and Wickham
Corridor Studies are expected this Friday; and inquired what are the Board’s options if it wants to extend the moratorium a little longer. Commissioner Carlson stated she had a conversation with Melbourne; they would not mind it to get their arms around what is going on and some other considerations they have in mind; and inquired what are the possibilities. She stated it would be nice to have at least the ITS Study and the corridor study and bring the item back for discussion to see if the Board can extend the moratorium further.

County Attorney Scott Knox advised Florida Statutes provides the opportunity for persons or owners in the conditions described to move forward if they make fair share contributions and it is a project they can contribute to. He stated to the extent that the ITS provides that opportunity for them, the Board should have some kind of ordinance that covers their opportunity to make fair share contributions so they can continue to develop; and as part of that same ordinance, it can incorporate some decision as to what is going to happen when it finally uses up all the capacity on Wickham Road.

Commissioner Carlson stated those are big discussion items; staff is in the process of getting that ordinance together; and inquired what is the status of that; with County Manager Peggy Busacca responding they do not have a draft ordinance yet. Commissioner Carlson inquired what is the time line for getting one; and stated the State looked at the fair share contribution issue and created something; so the Board has to look at something. Ms. Busacca stated staff has seen a model ordinance on that, but has been waiting for the glitch bill because they are not required to have it in place for at least a year; and it seemed ahead of themselves when they know there is going to be some modifications to the ordinance. Commissioner Carlson stated if the Board lifts the moratorium, it would need to have some form for someone who comes down the pipe to build and how the Board will deal with the fair share contributions if they go over and above capacity. She stated it is not there yet; and inquired what position does that put the Board in; with Mr. Knox responding staff can sit down and figure out where to go with it; one option is to extend the moratorium if the Board has no other way of dealing with the problem; but if it has the ITS plan finished and got additional trips available because of it, it would seem that Florida Statutes would require the Board to do something about that even though the Department of Transportation has come up with a model ordinance but is still working on the glitch bill. Commissioner Carlson inquired since the moratorium ends this Friday, can the Board make a motion to extend it for a month so it can get together and talk about it and see what its options are, or does it have to bring it up again as another moratorium. Mr. Knox stated given the fact the studies are not completed and have not come back to the Board for final approval it would seem that is a logical step. Commissioner Carlson stated she would like to extend the moratorium for 30 days; and inquired if that would be enough time to get those studies; with Assistant County Manager Ed Washburn responding no. Mr. Washburn stated when Commissioner Carlson said there are 600 plus trips that is the projects that have been committed to by the City of Melbourne and in the system, but not necessarily built; that is going to slow them down; once it reaches the maximum capacity, there is going to be a moratorium anyway; and his preliminary discussions with Mr. Knox was if they try and devise a way along with the City of Melbourne to implement Florida Statutes without adopting a new means of doing it in the interim they can probably get there; and whether or not they need to extend

REPORT, RE: BUILDING MORATORIUM ON WICKHAM ROAD (CONTINUED)

the moratorium is up to the Board. Commissioner Carlson stated Melbourne wants a little extra time to talk about the options as well before it relinquishes the permits and such; and she would like to have discussions and look at the studies and put an extension of 30 days on the moratorium to get their ducks in a row and make sure everything is going to work out. She inquired if that is going to be an issue; with Mr. Knox responding technically the Board has to amend the Ordinance.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to direct staff to bring back an ordinance to extend the moratorium on Wickham Road for 30 days.


Commissioner Scarborough stated the ordinance needs to be advertised broad enough to provide flexibility if staff wants 60 days instead of 30 days; and if it is advertised for 60 days, it can be reduced, but cannot be extended. Mr. Knox suggested advertising an extension to the moratorium and the Board putting whatever day it wants.

Ms. Busacca inquired what happens during the time before the public hearing and the moratorium ends; with Mr. Knox responding the red light doctrine would kick in once the Board announces what it is going to do.

Commissioner Pritchard inquired when the study comes back and the Board accepts it, would that be reason enough to lift the moratorium; with Mr. Knox responding as part of the motion or as a separate motion, the Board may probably need to do something along the lines of what Mr. Washburn talked about, and that is to come up with some sort of interim plan or ordinance that will incorporate the ITS so the Board can address the issue when it comes up. Commissioner Carlson stated the Board would have to dedicate funds. Commissioner Pritchard inquired if the study comes back and says it will add a certain number of trips but the Board’s concern is it needs x and a half or two x and the ITS study will not eliminate the issue it is having with concurrency, what happens next; with Mr. Knox responding the Board would be in a moratorium mode again until the State comes up with its final version of whatever it is the Board has to deal with regarding concurrency.

Commissioner Carlson stated Melbourne is interested in working with the County on future plans for Wickham Road, so she wants to give it the opportunity to express its concerns or ideas about what it would like to see in the future. Commissioner Pritchard inquired how is the County coming with having an agreement as to what it would consider the formula for concurrency with other municipalities; with Commissioner Carlson responding she does not know how they are doing with an agreement with all municipalities, but they have come to agreement to look at site plans for concurrency with the City of Melbourne because of the Wickham Road issue. She stated the task force has not really brought that up as trying to get all the cities to conform to something like that. Commissioner Pritchard inquired if the task force is going to address it soon, as he thought it was one of the primary issues that the task force was charged with doing; with Commissioner Carlson responding at the workshop the Board brought in the issue of annexation, which was most of the conversation; and they have been working on JPA’s, but the concurrency issue, since Wickham Road has evolved, would probably be a topic of

REPORT, RE: BUILDING MORATORIUM ON WICKHAM ROAD (CONTINUED)

conversation at the next task force meeting to see if they can get conformance. Commissioner Carlson stated they talked about the visioning process; the cities and County are starting to realize they have to work together due to the new 360 updates; it is going to be coming soon; and since they have managed to conform to the way Melbourne is doing it, hopefully they can work together with other cities on the corridor issues where major roadways that the County will keep control of are going through cities. She stated they need to make sure they have a handle on how things are permitted on those roads.

Commissioner Pritchard stated the problem he has with JPA’s is they are only good as both parties wish to maintain them; they can back out of them at any time; so he does not see where there is any real teeth in JPA’s; however, if they cannot come together and decide what standard they are going to use regardless of what the concurrency issue may be, all they are doing is prolonging the inevitable; so he hopes that the task force would take it as a secondary priority issue and not worry about JPA’s and worry about density, Comprehensive Plans, and standardization. He stated he wanted the task force to look at densities and standardization so they are all talking from the same page and that is where he hopes the group will go. Commissioner Carlson stated annexation was a big issue; they tried to tackle that; and they are trying to get on the same page, but she agrees they have a lot to do with those issues. She stated they have everybody at the table and just have to make sure they do it in a priority fashion. Commissioner Pritchard stated the issue about annexation is being addressed by another group in the form of a petition to put it on the ballot that is going to put some of the power of annexation into the hands of the voters. He stated it has gotten to the point because the voters are not satisfied with what is being done regarding annexation issues; the same for density issues; so they have become frustrated and are ready to take it into their own hands. He stated if the coalition is not going to move to some sort of resolution, it is only going to add more credibility to the issue that has been proposed by the group to take it to the ballot. He stated that is one of the concerns he had last year when they talked about the formation of the joint coalition as well as the issue of putting it on the ballot; what he said at the time was give the coalition an opportunity to develop a methodology that could be acceptable to all; and so far not much has come out of it. He stated the concern he has is the voters are going to take the initiative into their own hands and the County and cities may end up with something that is far more stringent than what would be workable or something that the coalition might develop; and the problem is the coalition has not developed anything. Commissioner Carlson stated if they realize there are petitions circulating and if there is any chance of getting it on the ballot, they will be working a lot harder. She stated she has not gotten an update on that and would like to find out more about it. Commissioner Pritchard stated they need 15,000 voters to sign the petition; he does not know how many they have, but the group is Save Brevard; and their presentation is very good. He stated Michael Myjak is heading it and he has a very good presentation and makes a lot of sense. He stated people are frustrated by the way government rolls along slowly.

Commissioner Scarborough stated Mr. Knox talked about the red light doctrine; if they could advertise the item in time, there is an MPO meeting on Thursday; and the Board could meet ten minutes before that to formally extend the moratorium as opposed to using the red light doctrine. Mr. Knox stated it will require two public hearings. Commissioner Scarborough

REPORT, RE: BUILDING MORATORIUM ON WICKHAM ROAD (CONTINUED)

inquired if it would be advantageous to commence the process on Thursday; with Mr. Knox responding it would not give enough time to advertise the hearing. Commissioner Scarborough inquired if there is a motion on the floor; with Commissioner Carlson responding yes. Commissioner Scarborough inquired if Commissioner Carlson would repeat the motion.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to extend the moratorium on Wickham Road with an open scenario and grant permission to advertise the public hearing to consider the ordinance. Motion carried and ordered unanimously.


Commissioner Carlson stated the roads are getting cramped; the Board has to do something; and Wickham Road is the poster child.


REPORT, RE: APPRECIATION TO SHERIFF’S MARINE UNIT AND DIVE TEAM

Commissioner Carlson thanked the Sheriff’s Marine Unit and Dive Team that successfully removed all the unauthorized mooring buoys in the Banana River.


REPORT, RE: HISPANIC SUMMIT

Commissioner Carlson advised MyRegion.org is having a Hispanic Summit March 2 and 3, 2006 at Orange County Convention Center. She stated last year it was a sellout crowd and a great success; and hopefully it will be again this year.


REPORT, RE: RURAL LIMITING LANDSCAPE IRRIGATION

Commissioner Carlson advised of a letter to County Manager Peggy Busacca from St. Johns River Water Management District regarding rural limiting landscape irrigation; and inquired if the Board is interested in an ordinance that would provide specific irrigation instructions, such as watering on certain days, etc. She stated the District provided a model ordinance and she wants to know if the Board is interested in potentially looking at an ordinance to assist the irrigation issues.

Commissioner Scarborough stated he would like to see the letter. Commissioner Carlson advised it was dated January 27 from Linda Burnett, Director of the Office of Communications and Government Affairs, St. Johns River Water Management District; and requested Ms. Busacca circulate a copy to the rest of the Commissioners. County Manager Peggy Busacca stated she thinks she did that, but will do it again. Commissioner Carlson stated it could be brought up at another time, and she will bring it up under discussion at a later meeting once everyone has a copy of the letter.



REPORT, RE: ITEMS WITHDRAWN FROM AGENDA

County Manager Peggy Busacca requested Item VI.B., Ordinance Creating Morningside Drive Road Paving MSBU, be withdrawn and readvertised; Item VI.D., Appeal of Staff Interpretation and Denial of Surface Water Permit Application for Matthew Boucher, be withdrawn as requested by the applicant; Item VIII.A.6., Discussion and Direction on Pineda Causeway Realignment Project, be withdrawn; and Item VIII.E.2., Citizen Request of Pat Walker for Road Sign for Anna Wilson Place, be withdrawn as staff managed to solve the problem.

The Board by consensus approved withdrawal of Items VI.B., VI.D., VIII.A.6., and VIII.E.2.


REPORT, RE: TIME CERTAIN

Chair Voltz stated she understood the time certain was 10:30 a.m. for the Ordinance to Protect Children from Sexual Offenders and Predators; then the Sheriff could not make it and asked for 1:30 p.m.; but now it is back to 10:30 a.m. She requested an explanation.

County Manager Peggy Busacca advised the time certain is 10:30 a.m. as the Sheriff has an afternoon meeting with the Police Chiefs.


REPORT, RE: FLAGS AT HALF STAFF

County Manager Peggy Busacca advised the flags are being flown at half staff today in memory of Corretta Scott King, wife of the late Martin Luther King, Jr.


REPORT, RE: UNITED WAY CAMPAIGN

Natural Resources Management Director Ernie Brown advised of the success of the United Way Campaign for the Board’s employees, with the outcome providing a significant increase in participation and exceeding the goal by 120%. He stated staff gave $150,000 to United Way partners; and thanked Georgia Pierce and Jennifer Wyman for coordinating the campaign.

Chair Voltz congratulated all County staff.


REPORT, RE: PINEDA CAUSEWAY REALIGNMENT

Commissioner Pritchard inquired if anything has happened with the railroad crossing regarding the Pineda realignment; with County Manager Peggy Busacca responding negotiations are continuing.

Commissioner Carlson stated a lot of things have gone on, but she is not sure they have anything back in writing; however, it is no longer an issue. Commissioner Pritchard inquired if


REPORT, RE: PINEDA CAUSEWAY REALIGNMENT (CONTINUED)

they have a drop-dead date; with Commissioner Carlson responding she understands the County can proceed right now without them and they intend to.


REPORT, RE: LETTER TO JOHN HITT, UNIVERSITY OF CENTRAL FLORIDA

Chair Voltz advised she prepared a letter to Mr. John Hitt with University of Central Florida, on the Board’s support of the medical school; and distributed copies to each Commissioner. She stated she has signed the original but wants to give everyone a copy before sending it out.


REPORT, RE: AQUARINA DEVELOPMENT

Chair Voltz advised several months ago the Zoning Agenda had Aquarina on it; the developer agreed to put $1 million in the bank, and their zoning depended on their depositing that $1 million; however, they did not do it. She asked the County Attorney what the Board can do about it.

County Attorney Scott Knox advised the developer has not complied with the terms of the Board’s approval so the appropriate step, if the Board chooses to go that route, is to initiate administrative rezoning, which would eliminate the approval.

Chair Voltz recommended staff be directed to rezone the property to what it was before. She stated the people down there have been jerked around by the developer for years and years; he kept thinking he was going to get a break at every opportunity; and she said it is over.

Commissioner Scarborough stated he does not know all the facts about the issue, but if the developer has not complied, and the County Attorney recommends it, he has an opportunity to present his case, so he will make the motion for administrative rezoning.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct staff to proceed with administrative rezoning of Aquarina property. Motion carried and ordered unanimously.


Chair Voltz stated that is a warning to the developer that the games are over.


REPORT, RE: LETTER TO JOHN HITT, UNIVERSITY OF CENTRAL FLORIDA
(CONTINUED)

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the letter to Mr. John Hitt, University of Central Florida, supporting the medical school. Motion carried and ordered unanimously.


RESOLUTION, RE: COMMENDING EAGLE SCOUT KEVIN SMITHWAITE GORMAN

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution commending Kevin Smithwaite Gorman for attaining the rank of Eagle Scout. Motion carried and ordered unanimously. (See page for Resolution No. 06-034.)


RESOLUTION, RE: COMMENDING EAGLE SCOUT STEPHEN ALLEN STEWART II

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution commending Stephen Allen Stewart II for attaining the rank of Eagle Scout. Motion carried and ordered unanimously. (See page for Resolution No. 06-035.)


RESOLUTION, RE: COMMENDING BREVARD COUNTY SCHOOL CROSSING GUARDS

Commissioner Pritchard read aloud the resolution commending the Brevard County school crossing guards; proclaiming February 6 through 10, 2006 as Brevard County School Crossing Guard Appreciation Week; and expressing appreciation for their dedicated services. Motion carried and ordered unanimously. (See page for Resolution No. 06-036.)


Commissioner Pritchard presented the Resolution to a group of guards who thanked the Board for the recognition.


RESOLUTION, RE: RECOGNIZING STEP UP, FLORIDA!

Commissioner Carlson explained what Step Up, Florida! is all about. Chair Voltz stated it is having some event at the Space Coast Stadium. A representative of Step Up, Florida! advised it will be their grand finale and of activities planned. Commissioner Carlson read aloud the resolution recognizing Step Up, Florida!

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution encouraging all residents to set goals to improve their health and wellness as Step Up, Florida! is launched to motivate all residents to make healthy choices and strive for healthy lifestyles. Motion carried and ordered unanimously. (See page for Resolution No. 06-037.)


Commissioner Scarborough inquired if there is a website for people to obtain information; with the representative responding they can go to Florida Department of Health’s web page where there is a link to Step up, Florida!, which will give them all the information and lists of activities that will be taking place in Brevard County.





PUBLIC COMMENTS

The Board acknowledged public comments from Martha Franco about the conditions of Dixon Boulevard; and from Maureen Rupe on comments made by Commissioner Pritchard at a workshop about the Partnership for a Sustainable Future.


PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD
VALOREM EXEMPTION TO DESIGNERS CHOICE CABINETRY, INC.

Chair Voltz called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Designers Choice Cabinetry, Inc.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt an Ordinance granting an economic development ad valorem exemption to Designers Choice Cabinetry, Inc., 1940 Murrell Road, Rockledge, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by Designers Choice Cabinetry, Inc.; providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 06-08.)


PUBLIC HEARING, RE: ORDINANCE REDEFINING PROJECT AND CLARIFYING
BOARD’S AUTHORITY TO ESTABLISH MUNICIPAL SERVICE BENEFIT UNITS

Chair Voltz called for the public hearing to consider an ordinance amending Sections 98-36, 98-37, and 98-38, redefining project and clarifying Board’s authority to establish Municipal Service Benefit Units.

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt an Ordinance amending Sections 98-36, 98-37, and 98-38 of the Code of Ordinances of Brevard County, Florida; amending Section 98-36 by revising the definition of the term “project”; amending Section 98-37 to clarify the County Commission’s authority to establish Municipal Service Benefit Units and notice requirements; amending Section 98-38 to expand the scope of applicability of Municipal Benefit Units beyond the acquisition and construction of projects; providing for severability and providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 06-09.)


ANNOUNCEMENT

Chair Voltz announced that Commissioner Colon is home sick.





WAIVER OF BUFFER WALL REQUIREMENT, RE: VIERA MURRELL OFFICE PARK

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to waive buffer wall requirement for Viera Murrell Office Park as the project boundary is adjacent to an open space/corridor, major lake feature, and conservation area, and residential property is an average of 400 feet from the affected property. Motion carried and ordered unanimously.


ACCEPTANCE OF EASEMENTS, WAIVE REQUIREMENTS, AND AUTHORIZE PAYMENT
FOR EASEMENTS, RE: WICKHAM ROAD WIDENING PROJECT

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept two temporary construction Easements from Priscilla Howard, a/k/a Priscilla Richardson; waive Phase I Environmental Assessment, deed and plat restrictions, title insurance, and all Florida Power & Light Company, BellSouth, and public utility Easements; and allow Land Acquisition Office to order payment of $1,150 for both Easements and to conduct a closing by mail for the properties required for Wickham Road Widening Project, between Nasa Boulevard and U.S. 192. Motion carried and ordered unanimously.


APPROVAL, RE: HURRICANE WILMA DUNE RESTORATION FINANCING

Commissioner Pritchard stated it irks him that FEMA can be negligent in not giving the County its money so now it has to borrow money and repay it with interest. He inquired how much is the interest; with Assistant County Manager Stockton Whitten responding about 4 to 5%.

Commissioners and staff discussed the cost to borrow funds, what would happen if the County does not get FEMA reimbursements, various options, threshold for turtle nesting, cost for construction oversight, turtle monitoring, State permits, cost share, development of a plan for long-term sustainable project for the Mid Reach, and comprehensive beach management plan to be proactive instead of reactive.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve Option B, immediately recognize reimbursement dollar amounts, which would be a defacto loan from General Fund, until FEMA approves the reimbursement amounts.


Commissioner Scarborough inquired what is the probability of FEMA reimbursement; with Natural Resources Management Director Ernie Brown responding extremely high.

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


Discussion continued on the bid process and bid protest. Staff explained in detail what happened during the bid process. Del Kelley with RKT Constructors, Inc. explained his efforts to provide an appropriate bid. Discussion ensued on splitting the project.


APPROVAL, RE: HURRICANE WILMA DUNE RESTORATION FINANCING (CONTINUED)

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to award the Hurricane Wilma dune restoration project to J. P. Donovan. Motion carried and ordered unanimously.


The meeting recessed at 10:37 a.m., and reconvened at 10:47 a.m.


DISCUSSION AND LEGISLATIVE INTENT, RE: ORDINANCE TO PROTECT CHILDREN
FROM SEXUAL OFFENDERS AND PREDATORS

Sheriff Jack Parker advised he is a member of the Police Chiefs Association and at its meeting, they had a discussion and saw that they really believe there should be preferably a Statewide approach to handle the areas that are not yet defined and better protect the children; but while that is pending, they recommend at least a Countywide ordinance so they have a consistent way of doing business while waiting for State law to better protect the children. He stated several cities have gone out and done their own Ordinances; the hope is if they can do a Countywide ordinance that has enforceability in the cities as well as the County, it may stop the need for the other cities to engage in their own ordinances; and if the County does not have an overall ordinance, a lot of the sexual offenders and predators that are in the cities will move into the unincorporated areas of the County and will start to cluster around certain areas. He stated they would like to have a consistent way of doing business so that basically Law Enforcement officers know they are trying to enforce the same rules; and although city ordinances will differ slightly, it will allow most of the cities in the County to be on the same page. He stated an option for the cities that have Ordinances or are working towards them is they may sunset their Ordinances if the County ordinance is inclusive enough for them; he cannot speak for those cities, but it is possible; and the good part is it could stop another seven or nine cities from passing ordinances. Sheriff Parker stated they made their desires known to the County Manager and she directed the County Attorney to work with them; Morris Richardson came to one of the chiefs meetings and listened to all the chiefs and him talk about the things they would like to see in the ordinance; they took a copy of the Seminole County Ordinance, which was a good ordinance and worked from that, created a draft, and presented it to Mr. Richardson; and Mr. Richardson looked at it and talked to them about some of the pros and cons of some things they had in it and flushed out a revised version of what he would like the Board to consider. He stated they looked at the changes and most are fine and strengthen the ordinance; so they have a good strong ordinance that is not going to be overturned; but one thing they agreed to talk to is the definition of sexual offender as a person whose victim was at the time of the offense less than 16 years of age. He stated he would like to strike that and believes most of the Chiefs would like to have that stricken and apply it to all sexual offenders and predators designated by the courts. He stated the ordinance will have a couple of purposes; one of the cornerstones is it also deals with sheltering during emergency situations; there are offenders who prey upon the elderly as well; they want to make sure the ordinance protects all families, all children, and all persons; and by eliminating that section it would do that. Sheriff Parker stated the other issue is they do have people who are offenders who created or committed heinous acts against children who are 16 and 17 years of age; and based on the provision they would not be able to enforce

DISCUSSION AND LEGISLATIVE INTENT, RE: ORDINANCE TO PROTECT CHILDREN
FROM SEXUAL OFFENDERS AND PREDATORS (CONTINUED)

the ordinance against those persons; so they would like to see that come out through the process of discussion over the next few weeks. He noted all in all they like the changes Mr. Richardson made and feel it is a pretty well thought out ordinance.

Commissioner Pritchard advised he received emails from people opposed to the ordinance; and one of them said it would cover anyone who was arrested for any type of sexual offense even public urination. He stated he said he did not think so, but would bring it up; and inquired where is the threshold at which someone would be considered a sexual offender, who would fit into that category, and are issues like public urination not a consideration.

Sheriff Parker advised it is only those designated by the courts as sexual offenders or predators; an arrest in that nature in many cases would not meet the standards of that; and one thing he hears consistently is objections and denials; but when they pull the case report and read what actually happened it is a whole lot different than what was being represented. He stated there is a push Statewide to really look at the designations of offenders and predators; they know the designation of predator is a strong designation and there is not a lot of debate about that; but there are some concerns that of the 100% of the people designated as sexual offenders, about 1, 2% or 3% may skew the position of whether they should be dealt with in the same manner as other offenders. He stated there were some extreme cases that everyone has heard about, so there is a push to look at those; but he would caution the Board to not allow that to drive the bus as 98% of the people are really a danger to the children and community. He noted there is always an exception to the rule, but the Board needs to embrace the fact that a whole lot of work has been put into making an offender; that is not something that just happens easily; there is a whole judicial process with that; and a lot of cases are pled to lewd and lascivious acts on a minor, which does not tell the whole story. He stated when one reads the case report, one finds it was more a sexual battery, but it was a plea down to lewd and lascivious with acceptance of the sexual offender status; and there is always more to the story. He stated whenever he reviews those cases, he finds that offenders really deserve to be offenders; they scare law enforcement almost as much as predators do because predators in many cases did heinous acts, but there are a lot of eyeballs on them and they are watched constantly. Sheriff Parker stated the person who killed Jessica Lundford was not a predator but an offender; it is the offenders that they are trying to concentrate on because they represent a lot of danger to the community; and probably over the next several years they will get better as a State in dealing with those individuals. He stated Florida leads the initiative nationwide in being very good in dealing with those people and getting notifications to citizens; they are getting better at it every day; and there will be some tweaking of the offender status over the next couple of years, but it is definitely not something that should taint the status itself because the majority of those people really need to be watched.

Commissioner Scarborough stated if the Board adopts an ordinance Countywide, cities can opt out and adopt something different; there is a protocol dealing with ordinances with Countywide application to send copies to the cities for their review and recommendations; and although they worked with the police chiefs, a mayor or city manager may say the County is not following the protocol if that is not done. He stated he does not know where they are in this, but he wants to

DISCUSSION AND LEGISLATIVE INTENT, RE: ORDINANCE TO PROTECT CHILDREN
FROM SEXUAL OFFENDERS AND PREDATORS (CONTINUED)

make sure that whatever the agreement is when they do Countywide ordinances, they are
proceeding with the cities so they do not feel the County is usurping their authority even though they can opt out and do their own ordinances. County Attorney Scott Knox advised the Board adopted a policy saying that Countywide ordinances should be sent to the cities 60 days before adoption. Commissioner Scarborough stated it would be wise to give the 60 days notice to the cities if the Board decides to take action on the ordinance; and assuming the police chiefs are involved, it may be easy for the cities to consider it.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to direct staff to move forward with the ordinance, delete the age from the definition of sexual offender or predator, and give 60 days notice to the cities.


Commissioner Scarborough inquired if there are other speakers; with Chair Voltz responding yes.

Commissioner Pritchard withdrew the motion.


Richard McClain, licensed clinical social worker and certified addiction professional, stated for the last 12 years he has worked with evaluation and treatment of sexual offenders and predators and came here to throw some light on the issue because he read in the paper that the Board was adopting an ordinance this morning.

Commissioner Scarborough stated the Board is not adopting an ordinance this morning; it is in the process of having a legislative intent, which will lead to an ordinance involving the cities; so Mr. McClain’s comments are very timely, as the Board has not concluded its discussion on a proposed ordinance.

Mr. McClain stated he has been a recognized expert by the courts in this field for over ten years; the bulk of offenses occur within the home and familial system; very few of them are out hunting; he belongs to a group called the Association for the Treatment of Sexual Offenders; and when the Florida Legislature adopted the State laws, it ignored the Association’s recommendations. He stated they lobbied the State and were told they were going to do it but when it came back, it was a completely different law defining who is a real predator. He stated they know who predators are, those who hunt and stalk; but the ordinances have some 13 designations, so the courts make the designation who is a real predator. He stated a predator is someone outside the bulk of offenders who would sit outside of schools, watch the students, and have cravings and compulsions to have sex with them; and the ones at risk are the ones that are not treated. He stated he will not go into the therapeutic end of it unless the Board wants to ask him to; and he can give some responses that will help the Board understand who is at risk. He stated the three murders in the State were committed by three individuals who had gone to treatment; they have a civil commitment center in the south part of the State that does not work; they are turning those guys loose with 50% not being tracked by law enforcement; and

DISCUSSION AND LEGISLATIVE INTENT, RE: ORDINANCE TO PROTECT CHILDREN
FROM SEXUAL OFFENDERS AND PREDATORS (CONTINUED)

they are the dangerous ones. Mr. McClain stated they have research that has been going on for years of how to do evaluations on who is dangerous and who is not; the bulk of the United States has a cure risk system; in Florida they do not and throw everybody in the same basket; and there are factors based on mega numbers of studies of who is dangerous and who is not. Mr. McClain stated what works is good treatment; the State’s 491 Board is now adopting standards for who can do this type of work; and he supports that because sex offenders who go to someone who is not qualified to do the work come out not any better. He stated what works is good therapy; he has treated over 500 offenders in his time and none have re-offended; it is completely opposite of what the public believes; and of all his evaluations of offenders, less than 10% are considered dangerous. He stated there is a system in place that they use; they are tough with those kinds of guys; they work close with Probation Office; and there are some very good probation officers. He stated his office is in Titusville and they have a good handle on the issue there; all the ordinances passed have 1,000 feet or 2,500 feet from school bus stops; probation officers know that and check those guys out where they are at and where they are living; and there is a good system in place. He stated what does not work and what primarily drives an offender to re-offend is resumption of drug and alcohol use; and the second is putting so much stress on them they give up. He stated because of their mental disorders, which are primarily addictive in nature, those compulsions will come up when they give up and they will go out and re-offend; so passing ordinances that make it impossible for them to live within 2,500 feet of a school bus stop pretty much takes care of the whole County. He stated if the Board does that, according to research, what it is going to do is not reduce risk but increase risk because those people will give up; and that is not hard to understand, such as a lifer in prison for murder does not mind murdering someone. Mr. McClain stated if the Board takes a sex offender and makes it impossible for him to live, seek out his goals, change his life, and be good, he is going to be the same way; his comments are not based on his opinion but on research; and in his field, all their work is based on research in therapy, looking at risk, and doing evaluations, etc. He stated they polygraph those guys; if they show deceptions on the polygraphs then Probation is informed and they tighten up and inform law enforcement; and they do a pretty good job at that. He stated restricting travel like one of the local cities did is wrong; he has guys in Titusville who have to go to Palm Bay where the bulk of their work is; if they cannot travel around, they would be out of work; and what the County would have is someone who is stressed out giving up. He stated most are married and have children; a person out of work and highly stressed is a high risk person at that time; so those considerations need to be discussed by the Board. He stated the ordinance is pretty good; but he would oppose any extension of the 1,000-foot rule; if an offender wants to re-offend that rule does not make any difference; and they are going across town to do it.

Commissioner Pritchard reinstated the previous motion; and Commissioner Carlson seconded it.


Sheriff Parker stated he agrees Probation does an excellent job; it is one of their partners; they work hand-in-hand; Probation and Law Enforcement work together as a team to go out and look at those people who are on probation and who may be violating conditions of their probation;

DISCUSSION AND LEGISLATIVE INTENT, RE: ORDINANCE TO PROTECT CHILDREN
FROM SEXUAL OFFENDERS AND PREDATORS (CONTINUED)

and Probation does support the initiative as far as the ordinance is concerned. He stated Probation is already putting conditions in the release orders of a probationer that basically keeps them 1,000 feet away from a school and they work with his office to enforce that; they have been having a lot of success in doing that; and people have been going to jail because when they do spot inspections with probationers and find that they violated the conditions of their releases, they go to jail. Sheriff Parker noted they have a very effective relationship with Probation; the problem is about half of the people who are offenders are not on probation; and those are the ones the ordinance will allow his office to keep away from schools. He stated the ordinance does not restrict travel; that was a big discussion with Mr. Richardson as far as letting people use public roadways; it does have the 1,000-foot buffer zone and not more than 1,000 feet; so it meets the merits of what was discussed. He stated as far as treatment, they are not opposed to there being treatment and assistance for those people to not re-offend when they are out; what they would like to see is that it is not exclusive of protecting families and keeping them even while they are in treatment; there is a tremendous amount of success in treatment; but he is skeptical with that for some of the people who may have a chance because there is a lot of recidivism they do not know about. He stated it is a very undetected crime; for every one child affected, there may be many more; and in some cases, they are familial, but it does not reduce the importance of it. He stated the best possible alternative to deal with those guys who hurt children are long stays in prisons, preferably forever; the Legislature has made great strides and now if they do a heinous act against a child, they are going to do 25 years; however, they get gain time and do about 21 years; but it is better than the two or three years they used to do, so they are making strides in the right direction.

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


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

Commissioner Carlson stated impact fees are to improve capacity; and inquired if they are going to be used for Items 5 and 6, street lights on Hall and Chase Hammock Roads and administration by the County.

Transportation Engineering Director John Denninghoff advised in the case of sidewalks, it does provide walking facilities that do not exist. Commissioner Carlson stated there is no road attached to it; with Mr. Denninghoff responding there is County park land and linking of Chase Hammock and Hall Roads and provides something that does not exist. Commissioner Carlson questioned the streetlights on Hall and Chase Hammock Roads; with Mr. Denninghoff responding it addresses additional capacity by improving safety. Commissioner Carlson inquired how are impact fees used legally; with Planner Stephen Swanke responding all funds collected shall be used for capacity improvements and expansion of transportation facilities made necessary by new growth and development. He stated it is a gray area, but there is connection of two roads. Commissioner Carlson inquired if it improves capacity; with Mr. Swanke responding it does not say capacity improvements in the ordinance. County Manager

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

Peggy Busacca advised when the impact fee was calculated, it was to add lights and accessories that go with roads.

Discussion ensued on new roads, existing roads, streetlights, drainage, traffic signals, sidewalks improving capacity with pedestrian traffic taking vehicles off roads, and eligible improvements.

Commissioner Scarborough stated in gray areas he would go with the Commissioner of the District who has the pulse of the community.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve the recommendations of the Transportation Impact Fee Technical Advisory Committee for Merritt Island and North Beaches Transportation Impact Fee Benefit District; approve Budget Change Requests required to implement project appropriations; and authorize the Chair to execute Disbursement Agreements with the City of Cape Canaveral. Motion carried and ordered unanimously. (See pages for List of Recommendations and Agreements.)


ACCEPTANCE OF QUITCLAIM DEED FROM ATLANTIC RIDGE CORPORATION, RE:
EXTENSION OF TOBY AVENUE

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to accept a Quitclaim Deed from Atlantic Ridge Corporation for extension of Toby Avenue. Motion carried and ordered unanimously. (See page for Deed.)


ACCEPTANCE OF EASEMENT FROM MEADOW POINT COMMUNITY DEVELOPERS, INC.,
RE: PROPOSED BARNES BOULEVARD IMPROVEMENT PROJECT

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to accept an Easement from Meadow Point Community Developers, Inc. for the proposed Barnes Boulevard improvement project. Motion carried and ordered unanimously. (See page for Easement.)


ACCEPTANCE OF SIDEWALK EASEMENT FROM EAST BAY PLANTATION
HOMEOWNERS ASSOCIATION, INC., RE: SIDEWALK BETWEEN WAL-MART
AND COLLEGE WOOD DRIVE

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to accept a sidewalk Easement from East Bay Plantation Homeowners Association, Inc. for construction of a sidewalk between Wal-Mart and College Wood Drive. Motion carried and ordered unanimously. (See page for Easement.)


PURCHASE AND SALE CONTRACT WITH ADVANCED MACHINERY AND COMPOSITES,
RE: PROPERTY IN SPACEPORT COMMERCE PARK

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Purchase and Sale Contract with Advanced Machinery and Composites for a five-acre parcel in Spaceport Commerce Park. Motion carried and ordered unanimously. (See page
for Contract.)


CITIZEN REQUEST - BRUCE MOQUIN, RE: MAINTENANCE OF A SECTION OF
GRAND PERRIN ROAD

Bruce Moquin presented photographs of the area; advised of the history regarding his property off Grand Perrin Road; explained a drawing of the existing residences’ properties; and noted denial of his building permit because the road is not maintained by the County. He requested the Board issue building permits so they can build their homes and not pave the road for the safety of their children.

Jerie Olsen stated the Property Appraiser’s website shows the road to U.S. 1 which is not true; it precludes it and will not be a thoroughfare; and there are only a few houses off that easement.

The Board and staff discussed road maintenance in the area, Mrs. Hodges’ residence, equitable estoppel, and MSBU.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct staff to return with a report on the idea of using an MSBU for dirt road maintenance.


Commissioner Scarborough stated the cost would be minimized by an MSBU; and suggested Mr. Moquin contact his office and schedule a meeting so he can explore the case.

Commissioner Carlson stated there are standards for unpaved roads; and Grand Perrin Road looks like a trail but the folks like it that way. Commissioner Scarborough stated the reason for the dirt road maintenance standards is because of EMS and fire vehicular access. Mr. Moquin stated EMS did get in there the way the road is currently.

Commissioner Pritchard stated it is time that the Board address this situation as there are other properties held hostage because the roads are not County maintained.

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


CITIZEN REQUEST - MICHAEL CAPP, RE: WAIVER OF EDUCATION IMPACT FEE

Permitting and Enforcement Director Ed Lyon advised everything met the time line.



CITIZEN REQUEST - MICHAEL CAPP, RE: WAIVER OF EDUCATION IMPACT FEE
(CONTINUED)

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to waive education impact fee for Michael Capp of Capp Custom Builders for construction of a home for Mr. and Mrs. William Lain, as he applied for a building permit prior to the effective date of the Ordinance establishing the impact fee. Motion carried and ordered unanimously.


APPROVAL OF WRITE-OFF, RE: UNCOLLECTIBLE AMBULANCE ACCOUNTS

County Manager Peggy Busacca advised write-off of the uncollectible ambulance accounts receivable does not mean staff will not continue to collect the fees.

Commissioner Scarborough stated the Board is writing off over $7 million; and while they are written off, staff will continue to attempt to collect the funds. Ms. Busacca stated about half of the funds there is no choice because of Medicare.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve write-off of uncollectible ambulance accounts receivables with the understanding efforts will continue to be made to collect some of the ambulance fees. Motion carried and ordered unanimously.


WARRANT LISTS





Upon motion and vote, the meeting adjourned at 11:37 a.m.




ATTEST: _________________________________
HELEN VOLTZ, CHAIR
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
____________________
SCOTT ELLIS, CLERK


(S E A L)