August 9, 2005

The Board of County Commissioners of Brevard County, Florida, met in regular session on August 9, 2005, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Ron Pritchard, D.P.A., Commissioners Truman Scarborough, Helen Voltz, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

The Invocation was given by Pastor Doug Mauldin of the First Baptist Church of Melbourne, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the Minutes of March 3, 2005 Regular Meeting. Motion carried and ordered unanimously.

REPORT, RE: AGENDA ITEM ON SALARY SURVEY

County Manager Peggy Busacca pulled item IV.C.2., Salary Survey Contract, for discussion.

Commissioner Scarborough advised the Sheriff has expressed an interest in getting in; and inquired if staff has heard from other Constitutional Officers; with Ms. Busacca responding they have not, but believe the Sheriff would like to be added. Commissioner Scarborough inquired if it is mandatory to bring it up to date; and do they need to touch base with the Constitutional Officers; with Ms. Busacca responding they can do that. Commissioner Scarborough inquired if they are treating the whole County or just parts of the County; with Ms. Busacca responding staff can bring it back on August 23 after it touches base with all the Constitutional Officers.

Chairman Pritchard stated his initial thought was the 2,200 employees and it was not with the intent to exclude the Charter Officers, it was because the Charter Officers develop their own budgets then present them to the Board; and they have another avenue, which is the State, in case they cannot get sufficient funding from the Board. He stated he assumed they would be doing something in that fashion; there will be an additional cost to include the Charter Officers; and the question becomes where is the funding for the additional cost coming from.

Commissioner Carlson inquired if it is the Board’s intent to put a letter together to the Charter Officers with its intentions. Commissioner Scarborough stated as soon as the Sheriff got involved, the question came up; some of the officers may not want to participate; but rather than having fragmented conversations, letter or just a call from Ms. Busacca would be appropriate. Ms. Busacca stated she will call them. Commissioner Scarborough stated the Board can decide whether to include or not include them rather than doing it by bits and pieces.

Chairman Pritchard instructed the County Manager to call the Constitutional Officers to see if there is an interest and to determine what the additional cost may be and where it is going to come from. Ms. Busacca stated she and Human Resources Director Frank Abbate will work on that, and she will withdraw the item from the Consent Agenda.

REPORT, RE: CONTRACT WITH FIRST COAST INDUSTRIALS

County Manager Peggy Busacca advised Economic and Financial Programs Director Greg Lugar can explain the Contract with First Coast Industrials for property at Spaceport Commerce Park.

Economic and Financial Programs Director Greg Lugar advised Martin Lamb represents First Coast Industrials and is asking for a one week extension on the closing of the Sale and Purchase Contract, as they are still working out some details with the bank.

Commissioner Scarborough stated he has not been briefed on this item and would like to pick it up at the end of the meeting so he can talk to Mr. Lugar.

REPORT, RE: DEMOLITION OF HOUSE IN MELBOURNE BEACH

Commissioner Voltz advised there is a house in Melbourne Beach that needs to be bulldozed down; they were hoping to get it done before the hurricane season; however, CDBG funds were going to be used out of next year’s budget so it would not be able to be done until November. She inquired if they could get a loan from Reserves for the project.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve a loan from the Reserve Fund to raze a house in Melbourne Beach, with the loan to be reimbursed by CDBG funds. Motion carried and ordered unanimously.

REPORT, RE: VALKARIA AIRPORT ITEM VI.E.

Commissioner Voltz stated she is going to table the Lease Agreement with N19EZ Corporation for a hangar at Valkaria Airport, but there are changes in the language she would like to give to everybody.

Commissioner Scarborough stated it is a time certain, and if Commissioner Voltz wants to table it, perhaps staff can contact the interested persons to let them know her intention.

Commissioner Voltz stated there is an ordinance that needs to be done, not just for this property but the Gryphon Group also; so she does not know when Mr. Knox wants to bring that issue up. Mr. Knox stated it is on the Agenda as a separate item and he recommends the Board go forward with that.

Discussion ensued on whether or not to table the item and contacting interested parties.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to table the Lease Agreement with N19EZ Corporation for replacement of an aircraft hangar at Valkaria Airport until August 23, 2005.

Discussion continued on contacting interested persons, hearing those who show up, need for more information, waiting until 1:00 p.m. time certain to table the item, and tabling being definitive and not tentative.

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

REPORT, RE: OPERATION BLUE STREAK

Commissioner Carlson stated Indian River County has something called Operation Blue Streak to keep the Indian River beautiful; they clean up the bottom of the river; and suggested staff contact Keep Brevard Beautiful to see if it is interested in doing something like that. She requested it be put on the Agenda for the meeting with the Indian River County Commission.

REPORT, RE: OCEAN DUMPING BY STERLING AND SUN CRUZ SHIPS

Commissioner Carlson stated Representative Allen is in the process of introducing legislation for 2006 regarding ocean dumping from the Sterling Casino Line and Sun Cruz Casinos; they currently dump raw sewage four miles out, which equates to about 1.38 million gallons a year of human feces in the ocean people swim in; and no one can tell her it does not get to the shore somehow, some way. She stated they are getting into a new agreement with the Port to go out eight miles; she is not sure it will make a difference; and two ships that carried about 977,000 passengers last year is the size of a major city and nearly twice the population of Brevard County and its 15 cities, which spend millions on sewage treatment. She stated what Representative Allen wants to do is have them deposit it some place for treatment and not just deposit it in the ocean; so she would like to have a resolution supporting what he wants to do as time goes on. She noted it is important to the coastline.

Chairman Pritchard stated the report done by the Surfrider Foundation the Board commissioned showed none of the problematic issues; the scientists who performed that was asked to speak to the blue ribbon panel and it never happened; some of the data that were presented was not in particular forthcoming; the panel wanted to discuss with the scientists who did the work the results of the exploration; but they never had that opportunity. He stated he understands the discharge is not raw effluent and is treated and macerated; it has more gray water content than black water; there are a lot of things the Board does not know about; so he does not want to take a position that something is doing something when the evidence appears it is not. He stated he would hate to think the Board invested $50,000 in association with the Port’s $50,000 in studies, then take the position that it is not going to regard the results of that study; so he would rather hold on that issue.

Commissioner Carlson stated that is fine; she wanted to bring it to the Board’s attention that someone in the Legislature is working on it; and staff could work with them and see what the Board can do based on what it has already asked staff to do in terms of what is going on out there. She presented copies of the Editorial to the Commissioners but not the Clerk and stated she does not know how much of it is exact, but she would like to get details and background on it. She stated it is good to have somebody out there fighting for the ocean and beaches; and maybe staff can get more information on that for the Board.

REPORT, RE: ANIMAL SERVICES NO-KILL PHILOSOPHY

Commissioner Carlson stated the Board had a lot of conversation on animal services, no-kill philosophy and other things; there is a conference in Hillsborough County on August 20; and the speakers are the Directors of Miracopa County in Phoenix and Alachua County in Florida to talk about their perspective on the no-kill idea in terms of animal shelters. She inquired if Craig Engleson or a designated person can attend that conference to get some feedback and bring it back to the Board as it continues to talk about that item.

REPORT, RE: COST OF GROWTH

Commissioner Carlson handed out a document from the Florida League of Cities to the Board, but not the Clerk; stated it is figuring the cost of growth; the Board got the edict from Growth Management on the new growth management changes in the law that were legislated during the last session; and one is to make sure the budget is financially feasible as well as the CIP. She stated the document gets into it a little more; it is an interesting read; and she thought the Bboard might also be interested in that.

Commissioner Voltz stated she heard in Senate Bill 360 there is an issue with water and how new development has to have an alternate water supply; and inquired if staff could check into that to see if somebody has city water and have to have an alternate supply meaning a well. She stated if that is true, there will be too many wells dug; and if they have a well, somebody’s water supply is going to have to be expanded at great expense; so the Board needs to find out what is going on.

Commissioner Carlson stated staff is working on what the consequences of the new law will be in terms of transportation, water, and schools, which is not the Board’s bailiwick, but it is to some degree as it applies to growth management. She stated there are a lot of things the Board needs to address and time frames it needs to address them in; there are some issues they need to discuss briefly to get reports back on what it is going to do as a community to have some sort of community vision so it can qualify to draw down dollars; and that is a big issue and those time lines are in the bill, so those are things the Board has to get serious about.

REPORT, RE: FLORIDA TREND ARTICLE ON PLACE MATTERS

Commissioner Carlson stated there was an interesting article in Florida Trend on development via democracy; Commissioner Stewart in Orange County put a stop on major development to get an expensive plan done to show the 20-year vision for the area because there was not anything in place; Orange County seems to do things in large segments because it has diverse communities and different areas; and it is going to do the visioning process, but it is using a process called “Place Matters”. She stated it is a Denver-based nonprofit that incorporates democratic decision-making processes into land planning; what they do is use technology; and with results from key-pad polling, experts using various types of planning tools will convert a master plan into images that would help viewers visualize how each suggested scenario would affect the land. She stated the tools might include 3D modeling, global information systems, mapping, computer enhanced images, and others; it puts the visualization for citizens to see what their ideas could actually morph into; and it gives them a better idea of what they really want. She stated the commentary at the end says, “The ultimate goal based on the founder and director of Place Matters, which is the planning tool, is to create what you might call a preferred scenario that takes into account what people care about in the area as well as what source scenario would provide.” She noted those are the outcomes for the things people care about.

PRESENTATION BY KRISTIN BAKKI AND GEO ROPERT, RE: FUTURE STRATEGIC
PLAN

Commissioner Carlson stated Kristin Bakke with Leadership Brevard, and Geo Ropert, Director of Brevard Tomorrow, will give the Board an update on a future strategic plan.

Kristin Bakke stated the future is not some place they are going to, but some place they are creating; and advised of the community visioning process, Brevard Tomorrow’s preferred future strategic plan, implementation of the community’s journey to become a visionary community with a vibrant economy and unparalleled quality of life, and Brevard Tomorrow as the conduit for improved communications among community leaders. She presented a preview of Brevard Tomorrow’s video for the community of the introduction by key leaders.

Geo Ropert, Director of Brevard Tomorrow, presented copies of Brevard Tomorrow’s full length video to the Commissioners but not the Clerk; stated it is called “chartering Our Course for Brevard’s Tomorrow”; and it is his hope that the Commissioners will take the opportunity to view it in its entirety and appreciate the community journey. He thanked all the organizations that contributed to the making of the video. He advised of the work that resulted in the development and implementation of identified strategies, the Citizens Academy, Young Professionals of Brevard Program, surveys of economic development organizations and businesses, Career Readiness Program, Space Coast Chapter of the Florida Public Relations Association Workshop, and the Principals of Smart Growth for Brevard. Mr. Ropert stated the Land Use and Growth Team is taking the smart growth method to clubs and organizations, municipal planning and zoning boards, city councils and commissions, and interested citizen groups; and advised of assistance with the growth plan for South Brevard, City of Titusville’s request for assistance with its visioning, and project teams moving toward reaching the next set of goals and developing additional implementation strategies to achieve those goals. He stated the recent growth management legislation encourages development of a community vision that provides for sustainable growth, recognizes fiscal constraints, and protects natural resources; and it requires local governments to conduct visioning exercises with stakeholders and to address those areas identified as critical to the future quality of life, including economic development, future growth, preservation of open space, and mixed use development. He stated Brevard Tomorrow must continue to be involved in leading the community to achieve its preferred future; the journey is far from over; they have only completed the first leg; and there are many miles to go. He stated the community has invested in Brevard Tomorrow through contributions of time, talent, goods and services, and financial support; the ongoing initiative will continue to benefit residents and visitors, businesses large and small, and nonprofit organizations; it is a community journey; and they begun the journey with every intention of successfully reaching their destination of preferred future. He invited everyone to join them at their third annual community celebration on August 25 from 8:30 a.m. to 10:30 a.m. at the Kings Center for the Performing Arts rotunda in Melbourne to learn more about their accomplishments over the last year and their vision for 2006 and beyond. He noted there is no charge to attend the celebration, but requested reservations be made.

Commissioner Carlson inquired who will be the guest speaker at the Celebration; with Mr. Ropert responding Rebecca Ryan from Next Generation Consulting, who is considered a nationally-recognized generation expert. He advised of a survey of over 1,000 young professionals in Brevard County to find out what really matters to them and attracting and retaining young professionals, and Ms. Ryan’s presentation is called “Hot Jobs, Cool Communities”; and explained a portion of the presentation.

Discussion ensued on young professionals moving out of the community, retention of young professionals, competition elsewhere, reworking the County’s Strategic Plan, and timeline to have community vision in place to draw down funding for transportation and other important assets.

REPORT, RE: CONTINUED AFFECTS OF 2004 HURRICANES

Commissioner Colon advised of an elderly couple whose mobile home sustained terrible damage, and staff assessed the situation and saw the conditions they were living in. She stated that is an indication that the community is still hurting a year later; and thanked staff for being diligent and persistent in following through on the request from the couple.

REPORT, RE: YMCA AND BOYS AND GIRLS CLUBS’ PRESENTATIONS

Commissioner Colon advised the YMCA and Boys and Girls Clubs did a presentation last week to the South Brevard Parks and Recreation Advisory Board, and staff will give a report to the Commissioners regarding their feedback.

REPORT, RE: BARRIERS ON I-95

Commissioner Colon stated she shared with the Sheriff’s Department and brought it to the attention of the MPO regarding barriers on I-95, and it has been such a challenge; the State has given a date of 2009, which is not acceptable; and they want to put in landscaping and trees to stop the traffic from crossing the median. She stated the Sheriff will give her the number so they can see what they are talking about and take it one step further because that date is not acceptable.

REPORT, RE: GROWTH IN SOUTH COUNTY

Commissioner Colon stated she brought her concerns to the Board regarding the kind of growth that is happening in the south part of the County, and requested a letter be sent to the City Council of Palm Bay letting it know the Board has concerns regarding annexation and to urge it to have those discussions. She stated at the City Council meeting a council member expressed concern about not having communications as well as they should; and requested the County Manager elaborate on that. She stated she has quarterly meetings with the city managers in her District including Lee Feldman from Palm Bay; the County received a letter from Sue Hahn; and today there will be discussions on the JPA.

County Manager Peggy Busacca advised there has been a meeting scheduled prior to the scheduling of the meeting that occurred and prior to the meeting in Commissioner Colon’s office; Robin Sobrino met with Sue Hahn and Lee Feldman on Monday; they have agreed to a schedule that would allow the JPA to be completed within 60 days, which is the time the City Council requested; and it would include bringing the item to the Board as a preliminary discussion item to make sure the Board is comfortable with the direction that staff is going in, then additional discussions with the City of Palm Bay before ratification by the Board. She stated Ms. Sobrino feels the work is going to go well; they have agreed to tentative discussions; and next week Mr. Feldman is going to be providing an initial draft of the JPA.

Discussion ensued on the meeting in Commissioner Colon’s office, communicating with the cities, and annexations after-the-fact.

Planning and Zoning Director Robin Sobrino stated staff anticipates receiving a draft from the City of Palm Bay by the end of the week, and meeting with respective staff to discuss various points relating to things like annexations, roadway maintenance, water and sewer, and other types of infrastructure concerns. She stated they plan to meet with the City to go over the first draft and do some wordsmithing on it; and they anticipate being able to come back to the Board in September with the concepts outlined for its approval and enactment on October 25, 2005.

Commissioner Colon stated she and Commissioner Carlson sit on the Growth Management Task Force and will be discussing how helpful JPA’s are; and she sees cooperation from the City of Palm Bay and from staff, and is happy about the way that is moving along.

Chairman Pritchard stated Assistant County Manager Stockton Whitten has a copy of the letter regarding the JPA and will distribute it to the Commissioners.

REPORT, RE: DISCOVERY

Chairman Pritchard stated Discovery landed safely this morning, and God bless the crew and all involved.

REPORT, RE: FIREWORKS

Chairman Pritchard stated an interesting thing happened regarding fireworks, and he asked Chief Bill Farmer to be here to give a brief report on it. He stated apparently some kids were shooting off mortars and fireworks over the weekend and Melbourne Police were led to the semi-trailer which was half full of unstable fireworks.

Chief Bill Farmer stated between Wickham Road and U.S. 1 on Aurora Road, there is a vacant lot and someone has a tractor/trailer full of mortar-type fireworks in it; the bomb squad for the Sheriff’s Office has deemed it unsafe to enter into the trailer to do a thorough inventory; Emergency Management, his staff, and the Sheriff’s Office got together to figure out the best way to deal with it; and they ran through several ideas. He stated the concern is it is too unstable to take over I-95 or any other road, so they will end up destroying the product in place. He stated the Sheriff’s Department is in charge of the process, but they will put out some fire trucks. Commissioner Carlson inquired if they plan to blow it up on site; with Chief Farmer responding they are going to burn it on site and it is not going to explode. Commissioner Carlson inquired if they know where it came from; with Chief Farmer responding no, the Sheriff’s Office is tracking that down and it is still an open investigation.

Commissioner Scarborough suggested contacting TDC because sometimes movie crews like to have those types of clips, like when they imploded a building in Orlando, it was very valuable to the movie industry.

Commissioner Carlson stated at a transportation meeting they talked about FEC transporting explosive type of things on the rail system and they are not supposed to have that ability. She stated there were tankers and tankers of petroleum flashing by when she was at a railroad crossing; and they are not supposed to transport that through urbanized areas, so the Board does not know what is going through the community or what has been left in the community.

Chairman Pritchard stated had not the Melbourne Police become aware of it, it could have gone on for a long time.

REPORT, RE: BIRTHDAY GREETINGS TO JOHN BOBER

Chairman Pritchard advised when people at home watch the television productions of the meetings, it is John Bober and his staff who do it; and the Board has a cake to celebrate John’s birthday.

Commissioners sang Happy Birthday to John Bober, who thanked the Board for the cake and recognition. Chairman Pritchard thanked Mr. Bober for all he does and his staff does to produce a quality television production.

REPORT, RE: SOLID WASTE FEE INCREASE

Chairman Pritchard stated he is sure all the Commission Offices have been inundated with calls about the solid waste fee increase; and he wants to caution staff that in the future when it is going to send out a letter, to pass it through the Commissioners first so they can help homogenize the contents of the letter. He stated the way it is written sounds worse than it is; the letter says a majority of the fees for hurricane debris removal cost that were not reimbursed by FEMA; it is a 31.7% increase from $108.31 to $142.65; and that is a $34.34 increase. He stated out of that is the contractual obligation to Waste Management at 2.8%; so the $34.34 increase is 31.7%, subtracting 2.8% for Waste Management leaves 28.9%, which is the FEMA increase. He stated it is a one-time increase and will not happen again next year unless they have more hurricanes and incur the same types of costs. He stated out of the $34.34, $3.03 goes to Waste Management and $31.31 to FEMA; and it is a one-time charge for FEMA. He stated it will be discussed August 23 at 1:00 p.m.; and encouraged the public to come and talk about it so they can get a handle on why they have the increase that is proposed.

Utility Services Director Richard Martens advised they are not giving the money to FEMA, but it is to repay the cost of collecting debris last year that was not reimbursed by FEMA plus the cost of living increase for Waste Management. Commissioner Voltz inquired why it was not covered by FEMA; with Mr. Martens responding FEMA will pay up to 95% of the eligible expenses; not everything they spent was reimbursable; FEMA will not pay for debris removal on private streets in private neighborhoods; and staff has filed for that reimbursement and plan to challenge it on that, but it will be a matter of time before it is determined if they will be successful. He stated they estimate $350,000 in expenses that will not be reimbursable at all.

County Manager Peggy Busacca advised because they have used up landfill capacity faster, they expect to have to put money into escrow for the closing; they normally budgeted that as part of the budget process; however, this year, they have to escrow three years’ worth; and that is why it is a one time fee. She stated they have to be able to close that landfill when the capacity is met.

Commissioner Voltz inquired what was the $1.00 fee for; with Mr. Martens responding the $1.00 is the increase due to the escrow closure on the disposal side; the big increase had to do with collection expenses they bore last year; of the $23 million in expenses, they think FEMA will reimburse the County $21.5 million; but there is a difference of more than 5% that has to do with some of the things they are estimating that will be or will not be covered by FEMA. He stated the Board requested staff establish a reserve fund over a number of years to prepare for such events; they have completely wiped out their savings account with the three storm recoveries; and part of the proposal is to recover where they would have been in the reserve fund if not for those storms. Mr. Martens stated they have a document that explains where all those numbers came from, which does make sense; but it is too complicated to put it all in a one-page letter.

Commissioner Carlson stated she thought the Governor said he was going to take up the slack for the 5% that FEMA does not cover, and that it was written in a document. Assistant County Manager Stockton Whitten advised that was 100% for the first 24 hours, so they have covered eligible expenses 100% for that specific time frame; however, it is generally 90% federal and 5% state for a total of 95% reimbursement.

Commissioner Carlson stated the solid waste assessment is an annual cost and is not being assessed on a monthly basis.

Commissioner Voltz inquired if the bills are going up monthly or on one total bill; with Mr. Martens responding the action they are requesting does not affect people in the cities.

REPORT, RE: NOTICES FOR INCREASES

Commissioner Scarborough stated he does not know when the TRIM notices go out, but those people who have not traded up or traded around are going to have a substantial reduction with the average house in taxes while those notices go out separately and have their own dynamics; but people need to look at the total events. He stated all things are not bad; they did have storms; but the other question that came up is when they send out a letter for one dollar increase, he questioned the good sense of spending the money to prepare and mail a letter for $1.00; and he was advised that it had to be that way under State law. He stated as part of the legislative package, he would like to see a means within Florida Statutes that if they are spending more than 10% to notify then the notification is forgiven because it is wrong to spend more than 10%. He stated that is a strange law, and those are the types of legislation the Legislature would be inclined to look at.

REPORT, RE: MATHERS BRIDGE

Chairman Pritchard stated Mathers Bridge is closed; it is the bridge that connects the southern tip of Merritt Island to the beachfront communities; and that road is called Banana River Drive. He stated a lot of people do not know that; they think it is the continuation of SR 3; the sign that is at Pineda says bridge closed detour to Banana River Drive; and it is creating confusion. He stated it would be better if the sign said bridge closed and detour to someplace else; the part about Banana River Drive is confusing people; and he is not sure what the better wording might be, but maybe bridge closed may be better.

POWERPOINT PRESENTATION - HANK SIMON, RE: PALM BAY ACADEMY
ACCOMPLISHMENTS

Hank Simon, Consultant of Palm Bay Academy, made a PowerPoint presentation of Palm Bay Academy and its accomplishments; introduced Principal Madudle Ingani, Bond Counsel Mike Williams, and Investment Banker Bill Spivey; and requested the Board’s support to act as a conduit for bonding.

Commissioner Scarborough stated if the Board is going to support things like the Palm Bay Academy, there are policy, legal, and financial decisions to consider; and if it does it for one, it needs to be prepared to look at the implications of doing it in a broader sense. He stated the Board cannot make a decision under presentations; it can end up with what elements it needs to instruct staff to come back with a report; and he does not need all the minutia of how a bond issue is going to occur, but the issues of what the Board needs to address. He stated it should be couched as what questions they ask as opposed to what decisions they make.

Investment Banker Bill Spivey stated the Academy is required to go to some agency for 501(c)(3) in order to go to bonds; and it is not going to be an obligation of the County and is not pledging reserves of the County.

Commissioner Scarborough stated he does not want answers, he wants questions; and he thinks it is going beyond the scope of a presentation. Economic and Financial Programs Director Greg Lugar advised the presentation was an introduction of the school and the request to the Board entertains receiving an application; the Board has a specific policy as well as an application process for industrial development revenue bonds; he provided that information package about a month ago and met with the County Manager; and they have not seen the application. Commissioner Scarborough stated those are questions he wants to go to and does not want to discourage the school, but there is a means in which the Board considers things; and this format concerns him.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to accept the presentation, express interest, pose questions to staff, and have a report return to the Board.

Commissioner Carlson stated she would like to have the questions answered in a format through Mr. Lugar regarding the Board being the only entity that can do the conduit process. She stated she assumes the School Board does not do that. Commissioner Scarborough stated he has a number of questions to pose through Mr. Lugar; and recommended accepting the presentation, expressing interest, posing questions to staff, and having a report back to the Board. Mr. Lugar stated the questions that are received can be answered, but the application depends on the applicant. Mr. Spivey inquired if the Board wants them to provide questions of what it should be asking; with Commissioner Scarborough responding the questions in his mind are more important.

Bill Barrett addressed the Board regarding the bond issue. Commissioner Voltz and Chairman Pritchard commented on the Academy being an excellent provider of education.

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

EXTENSION OF CONTRACT FOR SALE AND PURCHASE WITH FIRST COAST
INDUSTRIALS, RE: PROPERTY IN SPACECOAST COMMERCE PARK

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve extension of the Contract for Sale and Purchase with First Coast Industrials for property located in Spacecoast Commerce Park for one week to allow the purchase to work out details with his financial institution. Motion carried and ordered unanimously.

RESOLUTION RELEASING CONTRACT WITH THE VIERA COMPANY, RE: COLFAX
LANDING, PHASE 1

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution releasing Contract with The Viera Company for improvements in Colfax Landing, Phase 1, dated April 26, 2005, as the developer has completed all improvements. Motion carried and ordered unanimously. (See page for Resolution No. 05-180.)

ASSIGNMENT, ASSUMPTION, CONSENT AND RELEASE TO STIPULATED SETTLEMENT
AGREEMENT WITH OLEANDER POWER PROJECT, L.P. AND CONSTELLATION
POWER DEVELOPMENT, INC., RE: CORRECTION OF DOCUMENTATION AND
FINALIZATION OF STIPULATED SETTLEMENT AGREEMENT

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Assignment, Assumption, Consent and Release to Stipulated Settlement Agreement with Oleander Power Project, L.P. and Constellation Power Development, Inc. in order to correct documentation and finalize the Stipulated Settlement Agreement previously executed by the Board on Aaugust 12, 1999. Motion carried and ordered unanimously. (See page
for Assignment, Assumption, Consent and Release to Stipulated Settlement Agreement.)

PERMISSION TO BID, AWARD BIDS, AND EXECUTE CONTRACTS, RE: PEDWAY
FACILITIES, BRIDGE REPAIRS, AND INTERSECTION IMPROVEMENT PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant permission to bid pedway facilities, bridge repairs, and intersection improvement projects for A. Max Brewer Bridge, Hall Road/North Tropical Trail, North Banana River Drive at Kelly Park, North Banana River Drive at Martin Boulevard, Baytree Drive, Pineda Causeway Extension, Aurora Road Phase I, Aurora Road Phase II, and Brandywine Lane; award bids to lowest qualified bidders; and authorize the Chairman to execute the Contracts. Motion carried and ordered unanimously. (See pages for Contracts.)

PERMIT AND RIGHT-OF-ENTRY AGREEMENT WITH UNITED STATES ARMY CORPS
OF ENGINEERS, RE: ATMOSPHERIC AND CLIMATIC TESTS

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Permit and Right-of-Entry Agreement with United States Army Corps of Engineers to permit the USACOE to enter property owned by the County’s Utility Services Department and Solid Waste Management Department to conduct atmospheric and climatic tests. Motion carried and ordered unanimously. (See page for Agreement.)

ASSIGNMENT AND ASSUMPTION OF CONTRACT WITH WCG/NEEL-SCHAFFER, INC.,
RE: TRANSFER OF CONTRACT OBLIGATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Assignment and Assumption of Contract with WCG/Neel-Schaffer, Inc., acknowledging the consolidation of WCG and Neel Schaffer into Neel-Schaffer, Inc. and transfer of contract obligations to the new firm. Motion carried and ordered unanimously. (See page for Contract.)

AMENDMENT TO AGREEMENT WITH CITY OF MELBOURNE, RE: COLLECTION OF
COUNTY WASTEWATER SERVICE FEES BY CITY OF MELBOURNE

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Amendment to Agreement with the City of Melbourne dated March 18, 2003, for the collection of County wastewater service fees by the City, to reflect the policy changes relating to security deposits. Motion carried and ordered unanimously. (See page for Amendment.)

PERMISSION TO EXECUTE CERTIFICATION OF FINANCIAL RESPONSIBILITY, RE:
SYKES CREEK REGIONAL WATER RECLAMATION SYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the Utility Services Director to execute the Certification of Financial Responsibility for the Sykes Creek Regional Water Reclamation System. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: CENTRAL
DISPOSAL FACILITY CITIZEN DROP-OFF CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant permission to bid construction of Central Disposal Facility Citizen Drop-off Center; award bid to lowest qualified bidder; and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously. (See page for Contract.)

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: RESOLUTION AMENDING
SEWER RATES FOR COUNTY SEWER SERVICE

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant permission to advertise a public hearing to consider a resolution amending the sewer rates charged for County sewer service. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING FEES FOR SUPERVISION, DRUG AND ALCOHOL
TESTING, AND ALTERNATIVE COMMUNITY SERVICE PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution establishing fee increases of $5.00 for drug and/or alcohol testing, $10.00 for cost of supervision of defendants assigned by the Courts to Criminal Justice Services, and $25 for all alternative community service clients. Motion carried and ordered unanimously. (See page
for Resolution No. 05-181.)

AGREEMENT WITH SCHOOL BOARD, RE: DRIVER EDUCATION SAFETY TRUST FUND

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Criminal Justice Services Agreement with the School Board of Brevard County to allocate $448,000 from the Driver Education Safety Trust Fund. Motion carried and ordered unanimously. (See page for Agreement.)

PERMISSION TO ADVERTISE PUBLIC HEARINGS, RE: ORDINANCES AMENDING
ORDINANCES 89-35 AND 89-36 FOR ADDITIONAL COURT COSTS

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant permission to advertise public hearings to consider ordinances amending Ordinances 89-35 and 89-36 for additional court costs and assessments, and mandatory additional court costs to fund alcohol and other drug abuse prevention, treatment, and education programs. Motion carried and ordered unanimously.

SUBGRANT AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS,
RE: WEATHERIZATION ASSISTANCE PROGRAM AND LOW-INCOME HOME
ENERGY ASSISTANCE PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Agreement with Florida Department of Community Affairs for Weatherization Assistance Program and Low-Income Home Energy Assistance Program, and authorize the Chairman to execute any amendments contingent upon approval by Risk Management and the County Attorney. Motion carried and ordered unanimously. (See page for Agreement.)

SUBGRANT AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS,
RE: COMMUNITY ACTION AGENCY PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Subgrant Agreement with Florida Department of Community Affairs for the 2005-06 Community Action Agency at $210,228; approve cash match of $4,205; and authorize the Chairman to execute any future amendments to the Contract and budget contingent upon approval by the County Attorney and Risk Management. Motion carried and ordered unanimously. (See page
for Agreement.)

INTERLOCAL AGREEMENT WITH CITY OF TITUSVILLE, RE: DOWNTOWN URBAN
PARK REFERENDUM PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Interlocal Agreement with the City of Titusville providing the City $50,000 from North Brevard Recreation Special District for site improvements to the Downtown Urban Park Referendum Project. Motion carried and ordered unanimously. (See page for Agreement.)

WATERLINE EASEMENT AND BILL OF SALE TO CITY OF COCOA, RE: MANATEE
COVE PARK

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Waterline Easement and Bill of Sale to the City of Cocoa for Manatee Cove Park. Motion carried and ordered unanimously. (See pages for Easement and Bill of Sale.)

CHANGE ORDER NO. 2 TO AGREEMENT WITH THE COLLAGE COMPANIES,
RE: VIERA REGIONAL PARK

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Change Order No. 2 to Agreement with The Collage Companies in the amount of $114,325 for Viera Regional Park additional construction not included in the plan. Motion carried and ordered unanimously. (See page for Change Order No. 2.)

PURCHASE OF SERVICE AGREEMENT WITH COMMUNITY SERVICES COUNCIL OF
BREVARD COUNTY, INC., RE: SCAT VOLUNTEERS IN MOTION PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Purchase of Service Agreement with Community Services Council of Brevard County, Inc. in the amount of $75,000 retroactive to July 1, 2005 through June 30, 2006, for the purchase of transportation services in the form of Volunteers in Motion. Motion carried and ordered unanimously. (See page for Agreement.)

RESOLUTION, RE: RECOMMENDING CONFLUENT RF SYSTEMS AS QUALIFIED
TARGET INDUSTRY BUSINESS

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution recommending Confluent RF Systems be approved as a Qualified Target Industry Business. Motion carried and ordered unanimously. (See page for Resolution No. 05-193.)

RESOLUTION, RE: CONDEMNATION PROCEEDINGS FOR BARNES BOULEVARD
WIDENING PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution authorizing Joseph W. Mayer, P.E. of Bussen-Mayer Engineering Group, Inc. to act on the County’s behalf in condemnation proceedings regarding Barnes Boulevard Widening Project. Motion carried and ordered unanimously. (See page for Resolution No. 05-182.)

APPLICATION AND ACCEPTANCE OF GRANT, RE: LIVESCAN FINGERPRINT
IDENTIFICATION WORKSTATION AT COUNTY JAIL

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve application and authorize acceptance of an Edward C. Byrne Grant in the amount of $28,823 matched with $9,608 from Florida Department of Law Enforcement for replacement of the LiveScan Fingerprint Identification Workstation at the Brevard County Jail Complex; and authorize any necessary budget changes. Motion carried and ordered unanimously.

AUTHORIZATION TO DISTRIBUTE, RE: FLORIDA CONTRABAND FORFEITURE FUNDS

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve distribution of State Forfeiture Funds/Property of $19,436.41 and a 1997 Infiniti to the City of Palm Bay Police Department. Motion carried and ordered unanimously.

APPOINTMENT, RE: CITIZEN ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to appoint Teri Patton to the Port St. John Public Library Advisory Board, with term expiring December 31, 2005. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

APPROVAL, RE: FEE SCHEDULE FOR USE OF AGRICULTURE AND EXTENSION
SERVICE MEETING ROOMS

Leonard Beckett and Jerry Wall, representing West Canaveral Groves Homeowners Association, commented on the fee schedule.

Discussion ensued on waiver of the fees when dealing with County business.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the fee schedule for the use of the Agriculture and Extension Services meeting rooms to provide additional revenue to fund needs identified by staff and the Advisory Board, and to recoup some of the operational costs of providing space for community programs and services; and authorize staff to waive the fees for those meetings that deal with County issues as requested by West Canaveral Groves Homeowners Association. Motion carried and ordered unanimously.

PERMISSION TO AWARD PROPOSAL #P-1-05-24 AND EXECUTE CONTRACT, RE:
AUCTIONEER AND ON-LINE AUCTION SERVICES

George Gideon, representing George Gideon Auctioneer, protested the award.

Discussion ensued among the County Attorney, staff, and the Board on the votes.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to award Proposal #P-1-05-24, Auctioneer and On-line Auction Services, to Rene Bates Auctioneers, Inc. for management of surplus vehicles and equipment; and execute Contract for the service. Motion carried and ordered unanimously. (See page for Contract.)

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, SECTION 62-2117,
PARKING, LOCATING, AND STORAGE OF VEHICLES AND EQUIPMENT

Chairman Pritchard called for the public hearing to consider an ordinance amending Chapter 62, Section 62-2117, regarding parking, locating, and storage of vehicles and equipment.

Code Enforcement Director Bobby Bowen explained the proposed revisions. Assistant County Attorney Terri Jones explained the matrix.

Patricia Knittel, Barbara Benn, John Venice, William Huminski, Richard LeAndro, and Marcelle Kinney, commented on the proposed ordinance.

The Board discussed stabilized areas, lot size, parking of recreational vehicles on vacant abutting lots, definition of commercial vehicles, and completely enclosed permanent structures.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to allow parking of commercial pickup trucks, cargo and passenger vans, and trailers under 24 feet in residential and IN(L) zoning in a garage or other completely enclosed structure regardless of lot size. Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to delete mulch as a consideration as a stabilized area. Motion carried and ordered unanimously.

The Board discussed driveway expansion, setbacks, and driveway permits.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to direct staff to prepare an ordinance requiring driveway permits for expansion purposes and return to the Board with the proposed ordinance. Motion carried and ordered unanimously.

The Board discussed fees, parking of visitors’ RV’s for 14 consecutive days, and lot size of one acre and above.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to approve adding “consecutive” to the 14 days for RV’s on one acre or more. Motion carried and ordered unanimously.

The Board discussed multiple commercial vehicles.

Motion by Commissioner Scarborough, to limit parking of commercial vehicles to one vehicle.

Discussion ensued on one commercial vehicle per half acre or an acre or more, precluded from quarter-acre lots, number of vehicles allowed by acreage, parking behind fenced backyards, parking on the streets, boats parked on driveways, visibility above fences, parking behind the front building line, and height limitation.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to allow a total height of no more than nine feet from the ground for a vehicle parked in the backyard. Motion carried and ordered unanimously.

The Board discussed driveway expansion, recreational vehicles and equipment in the front of the house on the driveway, setback requirements, and side extension of driveways.

Motion by Commissioner Colon, seconded by Commissioner Voltz, to prohibit parking of boats in the front of the house on quarter-acre lots or smaller, or any recreational thing that would become an eyesore, which can be parked in the garage or backyard. Motion carried and ordered unanimously.

Discussion ensued on no restrictions on commercial vehicles parked in garages on quarter-acre lots, parking behind opaque barriers or fences, height and length of vehicles, deed restrictions, setbacks, and lot sizes.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to have the cut-off at half-acre lots. Motion carried and ordered unanimously.

The Board discussed parking RV’s on vacant abutting lots if owned by the homeowner, and not allowing RV’s parked on vacant lots in small subdivisions.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to not allow parking of RV’s on vacant lots in a small subdivision scenario. Motion carried and ordered unanimously.

The Board discussed automobiles and SUV’s used for commercial purposes, limiting signage on vehicles, being held to the same standards, parking in garages or get rid of signs, and use of vehicles for commercial purposes without signage.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to require vehicles that have advertising on them being parked in a garage. Motion carried and ordered unanimously.

Commissioner Scarborough stated if the Board is ready for a motion, he will move the Ordinance as amended by the separate motions.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt an Ordinance of the Board of County Commissioners of Brevard County, Florida, amending Chapter 62, Land Development Regulations of the Code of Ordinances; amending Section 62-2117, parking, locating, and storage of recreational vehicles, recreational equipment, commercial vehicles and heavy equipment, and motor vehicles and recreational vehicles for sale, specifically amending Section 62-2117(a), Definitions; Section 62-2117(b), Recreational Vehicles and Recreational Equipment; Section 62-2117(c), Commercial Motor Vehicles, Heavy Equipment, Pickup Trucks, Passenger Vans and Cargo Vans, and Trailers; specifically amending Section 62-2117(d), Motor Vehicles and Recreational Vehicles for Sale; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in the Code; and providing for an effective date, as amended by separate motions. Motion carried and ordered unanimously.

(NOTE: Public hearing continued to August 23, 2005 later in the meeting.)

Commissioner Carlson inquired since they just okayed everything they have done, can they get copies in their offices to look at it. She stated they do not need to bring it back to the Board, but she wants to see it in its completed context to see what was actually done. Commissioner Voltz stated she thought it was going to be brought back to the Board.

Assistant County Attorney Jones stated it would be better to bring it back to the Board as there were a lot of motions; and recommended tabling it to another meeting. County Manager Peggy Busacca advised it has to have a date certain. Chairman Pritchard suggested August 23.

Commissioner Scarborough stated his motion was to approve the ordinance; and inquired if the Board wants a motion to table instead; with Commissioner Voltz responding no, just bring the finished product back to the Board. Ms. Jones stated she could bring back the final changes for a final motion. Commissioner Carlson inquired if it could be done under the Consent Agenda; with Commissioner Scarborough responding no, it is a public hearing and has to be a public hearing to take final action. County Attorney Scott Knox stated the Board has to continue the public hearing.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to continue the public hearing on an ordinance regarding parking, locating, and storage of vehicles to August 23, 2005 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Commissioner Carlson stated the Board will have the entire ordinance on August 23, including what has been changed today and what it had originally.

The meeting was recessed at 12:02 p.m. and reconvened at 1:32 p.m.

PUBLIC HEARING, RE: RESOLUTION VACATING UNIMPROVED RIGHT-OF-WAY IN
MORROW’S PLAT OF SUBDIVISION OF LOT 2 - BREVARD ALZHEIMER’S
FOUNDATION

Chairman Pritchard called for the public hearing to consider a resolution vacating an unimproved right-of-way in Morrow’s Plat of Subdivision of Lot 2 as petitioned by the Brevard Alzheimer’s Foundation.

Joe Steckler stated he talked to the neighbors, they did a great job; and he understands the drainage will be improved. Commissioner Scarborough stated this is happening for seniors because of Mr. Steckler.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution vacating an unimproved right-of-way in Morrow’s Plat of Subdivision of Lot 2, as petitioned by the Brevard Alzheimer’s Foundation. Motion carried and ordered unanimously. (See page for Resolution No. 05-183.)

PUBLIC HEARING, RE: RESOLUTION VACATING UNIMPROVED RIGHTS-OF-WAY IN
McINTOSH HIGHLANDS PUD IN SCOTTSMOOR LITTLE FARMS, WISCONSIN-FLORIDA
FRUIT LAND COMPANY, AND INDIAN RIVER PARK - AG VENTURES, LLC

Chairman Pritchard called for the public hearing to consider a resolution vacating unimproved rights-of-way in McIntosh Highlands PUD in Scottsmoor Little Farms, Wisconsin-Florida Fruit Land Company, and Indian River Park, as petitioned by AG Ventures, LLC.

Commissioner Voltz commented on objections that were worked out. Commissioner Scarborough advised of how the area developed east and west of I-95, the road alignment in the PUD, and public and private access.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating unimproved rights-of-way in McIntosh Highlands PUD in Scottsmoor Little Farms, Wisconsin-Florida Fruit Land Company, and Indian River Park, as petitioned by AG Ventures, LLC. Motion carried and ordered unanimously. (See page for Resolution No. 05-184.)

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF PUBLIC UTILITY AND
DRAINAGE EASEMENT IN PORT ST. JOHN, UNIT 5 - KEVIN AND DONNA STULL

Chairman Pritchard called for the public hearing to consider a resolution vacating a portion of a public utility and drainage easement in Port St. John, Unit 5, as petitioned by Kevin and Donna Stull.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating a portion of a public utility and drainage easement in Port St. John, Unit 5, as petitioned by Kevin J. and Donna M. Stull. Motion carried and ordered unanimously. (See page for Resolution No. 05-185.)

PUBLIC HEARING, RE: RESOLUTION VACATING EASEMENTS ON LOTS 1 AND 2 IN
SEBASTIAN RIVER HEIGHTS - ALLISON H. TRIPP

Chairman Pritchard called for the public hearing to consider a resolution vacating easements on Lots 1 and 2 in Sebastian River Heights, as petitioned by Allison H. Tripp.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution vacating easements on Lots 1 and 2 in Sebastian River Heights, as petitioned by Allison H. Tripp. Motion carried and ordered unanimously. (See page for Resolution No. 05-186.)

PUBLIC HEARING, RE: ORDINANCE CREATING SERNA AVENUE ROAD PAVING
MUNICIPAL SERVICE BENEFIT UNIT (MSBU)

Chairman Pritchard called for the public hearing to consider an ordinance creating the Serna Avenue Road Paving MSBU.

Peter and Candy Miravalle advised their property was there before Serna Avenue was created, and they do not object to the project, but want to be excluded because they do not use that road. Mr. Miravalle commented on roads, a lake, septic permit, swimming pool, swale, and shrubbery in the area.

Commissioner Voltz inquired if the Miravalle property is excluded; with Roadways and Landscaping Director Billy Osborne responding yes.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt an Ordinance of Brevard County, Florida; creating the Serna Avenue Road Paving Municipal Service Benefit Unit; incorporating the terms and provisions of Chapter 98, Article II, Code of Ordinances of Brevard County, Florida, entitled “Municipal Service Benefit Unit,” to authorize the acquisition and construction of certain capital improvements within such improvement area and the imposition of non ad valorem assessments within such improvement area; and providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 05-35.)

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 2000-46,
MANDATORY ADDITIONAL COURT COST FOR FUNDING TEEN COURT

Chairman Pritchard called for the public hearing to consider an ordinance amending Ordinance No. 2000-46, Mandatory Additional Court Cost for Funding Teen Court.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt an Ordinance of Brevard County, Florida, providing for ratification/readoption of Ordinance No. 2000-46 for mandatory additional court costs in the County and Circuit Courts in the Eighteenth Judicial Circuit Court in and for Brevard County, Florida; providing for when cost will be imposed; providing for funds to be used to operate and administer teen court; providing for the Clerk to withhold five (5)% of assessment as fee; providing for an accounting of teen court funds; providing for severability; providing for inclusion in the Code; and providing for an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 05-36.)

APPOINTMENTS, RE: PORT ST. JOHN DEPENDENT SPECIAL DISTRICT BOARD

Chairman Pritchard stated it was his understanding Commissioner Scarborough was going to set up the Port St. John Dependent Special District Board the same as the North Merritt Island Dependent Special District Board and the Commissioner make the appointments. Commissioner Scarborough stated he does not have that authority. Chairman Pritchard stated the North Merritt Island Board is elected; and if there is a vacancy, he makes the appointment. He stated he has a problem with the Board making decisions for an area in District 1; and he does not know the people so he is not going to take a vote on it.

The Board postponed the appointments to the Port St. John Dependent Special District Board until later in the meeting.

APPROVAL, RE: POLICY FOR APPLICANTS SEEKING POTENTIALLY CONTROVERSIAL
REZONINGS AND COMPREHENSIVE PLAN AMENDMENTS

Planning and Zoning Director Robin Sobrino explained the amendments and provisions of the proposed policy.

The Board discussed the proposed policy, meeting with the community on controversial issues, and due process.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to approve a policy for applicants seeking potentially controversial rezoning and/or Comprehensive Plan amendments to meet with concerned parties in an effort to resolve differences prior to the Planning and Zoning Board/Local Planning Agency and the Board of County Commissioners taking action on the request.

Discussion ensued on working with the community in a forum to discuss pros and cons, times when it will come before the Board without agreement on issues, and it being a means to squelch rumors without facts.

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

CONTRACTS FOR SALE AND PURCHASE AND RESOLUTION OF NECESSITY, RE:
HOUSTON LANE PAVING, DRAINAGE, AND INFILL PROJECT

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution of Necessity for the Houston Lane Paving, Drainage, and Infill Project; and execute Contracts for Sale and Purchase with Isaac J. Houston and Vertdell S. Houston; Ed G. Williams; Mathew Ford; Hugh F. Brockington, II; Asenetha C. Mingo; Robert Hamilton; Violet R. Houston; and Grace D. Williams and Melissa S. Williams for parcels needed for the Houston Lane Project; and authorize staff to utilize the quick take method for Parcels 17 and 30 to expedite the construction process. Motion carried and ordered unanimously. (See pages
for Resolution No. 05-192 and Contracts.)

JOINT MEETING WITH HOUSING AUTHORITY OF BREVARD COUNTY, RE: DISPUTE
RESOLUTION CONCERNING PAYMENTS OF PILT AND SOLID WASTE FEES

Assistant County Attorney Terri Jones advised the Housing Authority requested mediation and joint public hearing on July 29, 2005; and staff has gone as far as they can.

Discussion ensued on resolving the issues in a joint meeting with the Authority, and hiring a third-party mediator as an impartial facilitator.

Motion by Commissioner Colon, seconded by Commissioner Voltz, to direct staff to schedule a joint meeting with the Housing Authority of Brevard County to discuss payments of PILT and Solid Waste fees within 50 days of the July 29, 2005 meeting. Motion carried and ordered unanimously.

RESOLUTIONS AND SUBORDINATION OF COUNTY UTILITY INTERESTS WITH FLORIDA
DEPARTMENT OF TRANSPORTATION, RE: I-95 IMPROVEMENT PROJECT

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolutions and execute Subordinations of County Utility Interests with Florida Department of Transportation for Project Nos. 405506-4 and 405506-5, Parcels 103.5, 814.2, 805.4, and 806.4 in conjunction with construction of two additional lanes on I-95 between Eau Gallie Boulevard and SR 528. Motion carried and ordered unanimously. (See pages for Resolutions Nos. 05-187 through 05-190 and Subordinations of County Utility Interests.)

PERMISSION TO AWARD AND EXECUTE CONTRACT WITH PBS&J, RE: DISASTER
DEBRIS REMOVAL MANAGEMENT

Clerk of Courts Scott Ellis expressed concerns about the Contract with Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) for management of disaster debris removal; advised his staff is doing an audit and met with County staff; and requested the item be delayed.

Discussion ensued on how much time is needed by the Clerk, number of trucks, per diem, buildable rates, pay rate per hour, flat rate, billing for time driving to work, local and non-local mileage, payment for actual expenses, and if per diem goes to the employee or the company.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table the Contract with Post, Buckley, Schuh & Jernigan, Inc. for disaster debris removal management until the Clerk of Courts has an opportunity to complete his investigation into last year’s hurricane debris removal operations and hopefully meet with PBS&J and County staff. Motion carried and ordered unanimously.

APPOINTMENTS, RE: PORT ST. JOHN DEPENDENT SPECIAL DISTRICT BOARD
(CONTINUED)

County Manager Peggy Busacca advised of the people to be appointed to the Port St. John Dependent Special District Board and the process.

The Board appointed Joan Calvert, Carmella Chinaris, Tracey Giemza, Wendy Porter, and Al Yorston to the Port St. John Dependent Special District Board with terms expiring August 8, 2009. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: RESOLUTION AMENDING
BAREFOOT BAY WATER AND SEWER DISTRICT’S RATES

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

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to advertise a public hearing for August 23, 2005 to consider a resolution amending the Barefoot Bay Water and Sewer District’s water and sewer rates. Motion carried and ordered unanimously.

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

RESOLUTION AND LEASE WITH OPTION TO PURCHASE AGREEMENT WITH
KANSAS STATE BANK OF MANHATTAN, RE: BUNKER GEAR

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution and execute Lease with Option to Purchase Agreement with Kansas State Bank of Manhattan for bunker gear. Motion carried and ordered unanimously. (See pages
for Resolution No. 05-191 and Lease.)

ANNOUNCEMENT, RE: FIREWORKS IN TRAILER

Chief Bill Farmer advised the trailer did not blow up and most of it stayed contained.

TRANSFER OF OWNERSHIP FROM SHERIFF TO BOARD, RE: 800 MHz RADIO
NETWORK

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize staff to proceed with discussions on transferring ownership of the 800 MHz Radio Network from the Sheriff to the Board of County Commissioners. Motion carried and ordered unanimously.

CITIZEN REQUEST - JINGER KNOX, RE: DISMISSAL OR REDUCTION OF CHARGES
ON CODE ENFORCEMENT PROCEEDINGS

County Manager Peggy Busacca advised she does not see Jinger Knox in the audience.

Commissioner Carlson stated it is in her District and the Board does not have to take action.

CITIZEN REQUEST - ALFRED HERNANDEZ, RE: CLARIFICATION OF AGRICULTURAL
EXEMPTION PERMITS

Alfred Hernandez advised of the situation regarding his neighbor’s property, approval of permits from the County, and provisions of the Florida Statutes relating to agricultural exemption.

The Board discussed the issues; and staff explained the process of applying for the exemption from the Property Appraiser, Florida Building Code 553.38 requirements, and implementation of the Code.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to direct Assistant County Manager Ed Washburn to work with the County Attorney to re-implement the agricultural exemption testing methodology. Motion carried and ordered unanimously.

LEGISLATIVE INTENT AND PERMISSION TO ADVERTISE PUBLIC HEARING, RE:
ORDINANCE ESTABLISHING PROCEDURE FOR SALE OR LEASE OF SURPLUS
REAL PROPERTY AND MODULAR STRUCTURES TRANSACTIONS

Commissioner Carlson stated the ordinance would give the Board more flexibility for selling or leasing surplus property.

Assistant County Attorney Terri Jones explained the provisions of Florida Statutes as amended.

Commissioner Voltz inquired how do they determine surplus property at the airport; with County Attorney Scott Knox responding it is left to the Board’s discretion, and if it has property it is not using and wants to lease it, it can lease the property.

Motion by Commissioner Voltz, seconded by Commissioner Pritchard, to accept legislative intent and grant permission to advertise a public hearing to consider an ordinance providing procedures for sale and lease of real property and modular structures. Motion carried and ordered unanimously.

AMENDMENT TO INTERNAL AUDITING SERVICES AGREEMENT WITH BRAY, BECK
& KOETTER, AND HOYMAN, DOBSON & COMPANY, RE: INTERNAL AUDITING
SERVICES

Motion by Commissioner Colon, seconded by Commissioner Voltz, to authorize execution of Amendment to Internal Auditing Services Agreement with Bray, Beck & Koetter, and Hoyman, Dobson & Company, to provide internal auditing services. Motion carried and ordered unanimously. (See page for Amendment.)

AWARD OF PROPOSAL #P-1-05-25, RE: SALARY AND BENEFIT SURVEY/PAY AND
CLASSIFICATION STUDY

County Manager Peggy Busacca advised staff contacted the Charter Officers; the Tax Collector and Property Appraiser use Cody & Associates and maintain their staff salaries; and the Clerk said he does not do that and is not interested in being part of the survey at this time. She stated they did not contact the Supervisor of Elections.

Chairman Pritchard recommended the Board approve the item and if the Supervisor of Elections is interested, he could contact the County Manager.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to award Proposal #P-1-05-25, Salary and Benefit Survey/Pay and Classification Study, to Cody & Associates, Inc. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 2:44 p.m.

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

(S E A L)