August 23, 2005

The Board of County Commissioners of Brevard County, Florida, met in regular session on August 23, 2005, at 9:05 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 Dr. Bob Wallace of Cocoa Presbyterian Church.

Commissioner Susan Carlson led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Minutes of the March 8, 2005 Regular Meeting. Motion carried and ordered unanimously.

REPORT, RE: AGENDA ITEM VII.A.1.

County Manager Peggy Busacca requested withdrawal of Item VII.A.1., Approval of Funds and Negotiations, Re: Acquisition of Property for Fire Station West of I-95 at Port St. John Interchange, from the Agenda.

The Board accepted withdrawal of Item VII.A.1. from the Agenda.

REPORT, RE: DR. MARK HEILERMAN, MODUS OPERANDI LETTER OF SUPPORT

Commissioner Voltz introduced Dr. Mark Heilerman with Modus Operandi; stated there has been a lot of dialogue between him, the Commissioners, and Economic Development Commission; and advised he is requesting a letter of support from the Board.

Dr. Mark Heilerman advised Modus Operandi is a company that has been doing primarily research and development projects for the government for about 20 years; and they have an opportunity to take a piece of technology focused on communications intelligence and re-purpose it for maritime security and domain awareness. He explained the project and requested a letter of support from the Board for funding from the Defense Appropriations SubCommittee.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to authorize the Chairman to send letters to Congressmen Tom Feeney and Dave Weldon and Senators Mel Martinez and Bill Nelson, requesting their continued efforts to seek funds for the PC Geolocation System for Maritime Security. Motion carried and ordered unanimously.

REPORT, RE: COCOA VILLAGE PLAYHOUSE

Anastacia Hawkins-Smith with Cocoa Village Playhouse, advised of their productions and upcoming events, and support of education.

REPORT, RE: VIERA BOULEVARD OVERPASS

Commissioner Carlson stated Department of Transportation wants to take over maintenance of the Viera Boulevard Overpass; staff’s concern is if the Department takes over maintenance of the fly-over and the County connects to it, it may be stuck with maintenance of the connection; and requested the Chairman send a letter to the Secretary of the Department of Transportation.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to authorize the Chairman to send a letter to the Department of Transportation Secretary regarding the Viera Boulevard Overpass. Motion carried and ordered unanimously.

REPORT, RE: ASSET MANAGEMENT SYSTEM

Commissioner Carlson stated at the Transportation Workshop, the Board went through a lot of information and seemed to be impressed with some of the efficiencies Transportation Engineering Director John Denninghoff presented under the Asset Management System portion. She inquired if the Board needs to give direction to staff on preventative maintenance or pavement preservation program at this point because there was no real direction given. She stated there was commentary and head nodding, but she is not sure if they developed a plan to start the preservation program while continuing to resurface and reconstruct roadways or if the Board should somehow put that system in place as part of the ongoing maintenance process. She requested clarification from the Board.

Commissioner Scarborough stated he would be glad to get clarification but is not prepared to give direction and has questions for staff. Commissioner Carlson inquired if staff is clear on direction; with County Manager Peggy Busacca responding it was clear that the Board would address the LOGT for 20 years and talk about the bonding; her understanding was once they had the bonding moving forward, they would bring back a list of priorities, which could include the asset management system; and they would take the money unallocated and put it into a general government fund to await the Board’s decision on what they would be doing on that. Commissioner Carlson inquired if there was no clear direction on utilization of the pavement preservation aspect; with Ms. Busacca responding she does not feel they have that direction. Commissioner Carlson inquired if the Board could get a report from staff some time soon for clarification on the LOGT; with Ms. Busacca responding it will come up as they go through the list of priority projects. Commissioner Carlson inquired when is it coming back to the Board; with Ms. Busacca responding it will take some time and they cannot give the Board an exact date right now. Commissioner Scarborough stated there are nonrecurring funds the Board can discuss, and secondly the bond proceeds, but there are a lot of unanswered questions. Commissioner Carlson stated the Board got a lot of good information that she does not want to see sit there and wants to know what action the Board wants to take; she knows it depends on those two issues; so she has no problem waiting for those issues to come back to the Board.

Commissioner Colon stated the Growth Management Coalition is going well; Melbourne City Manager Jack Schluckebier will be participating in the meetings; he worked at the State level with JPA’s and is knowledgeable; he will be the middle man between the municipalities and the County and will go to each municipality and speak before the councils; but the only way he can get there is by being invited, and he does not want to have conflicts. She stated Mr. Schluckebier will help facilitate the JPA’s so they can move on a more expedient manner and have a resolution sooner than expected. She stated Chairman Pritchard wants to make sure he sees some accountability; if the cities do not produce, then the Board will have to do the things it was looking at before and put it on the ballot to let the citizens vote; so those are things that were brought to the table. Commissioner Colon stated they received input from the School Board regarding growth; the School Board, municipalities, and the County have to work closely because of growth; there is a municipality in her District that has a project that is not moving along; she thought she was not able to call staff or anyone regarding the issue; and County Attorney Scott Knox told her it would be fine to have dialogue as long as it is nothing that will be voted on; so she can get involved and continue that dialogue.

Commissioner Carlson stated she was not at the last Coalition meeting but received the tapes of Mr. Schluckbier’s presentation; and she can make copies of the tapes for anyone interested in what goes into a JPA. She stated a lot of folks are interested in what is going on in Viera and extension of the current DRI for an additional 12,000 acres south of where they are now that is looking to be developed; she is in the process of getting a schedule of the community meetings; Viera has tried to reach out to the community to get input from the folks interested in what is going on west of I-95; and anyone interested can call her office.

REPORT, RE: TIME CERTAINS

Chairman Pritchard advised there are a lot of folks who are going to be speaking on items that are set for time certains; that means they will not come up before 1:00 p.m. or 2:30 p.m.; one lady asked to be heard regarding the way the notifications were put out because it says 9:00 a.m.; but the item was given a time certain.

Mrs. Simpson of Port St. John stated when she received the letter three weeks ago, she took time off of her job to come to the meeting to talk about the solid waste fees; it said 9:00 a.m. and did not say 1:00 p.m. or 2:30 p.m.; she wasted gas coming from Port St. John and now has to go back home and come back again; and she does not feel that is right. She stated the letter should have addressed exactly what the agenda was going to be for a time certain and not 9:00 a.m.; this is the first time she has attended a meeting and is very disappointed; and if she wastes her time and takes time off from her job to come to the meeting, she needs to know a specific time and not tell her it does not start until 1:00 p.m., as that is not fair to a lot of people. She stated she will be back because she has a problem with the waste and recycling as well as stormwater costs going up, and she had to call the County and ask why her trash was not picked up three times this year. She stated the next meeting the Board has, it should address what time they are supposed to be at the meeting so they do not lose time from their jobs.

Chairman Pritchard inquired what can the Board do to insure that something like this does not happen again; with County Manager Peggy Busacca responding before staff writes another letter and sends it out, they can coordinate with the Chair as to a time certain. Chairman Pritchard inquired when did the letter go out; with Ms. Busacca responding several weeks ago. Chairman Pritchard stated it would be difficult to create a time certain when it is several weeks before a meeting because sometimes critical situations come up that they need to deal with; and inquired how can they alleviate the problem of having the community come because the announcement said 9:00 a.m., which is really announcing the start of the meeting. Ms. Busacca stated they can say the meeting will begin at 9:00 a.m. and it is uncertain what time the item will come up. Chairman Pritchard inquired if folks have access to the County’s website; with Ms. Busacca responding not all folks. Chairman Pritchard inquired about the newspaper; with Ms. Busacca responding not everybody gets the newspaper.

Commissioner Voltz stated if they do a time certain, there is no reason why they cannot keep the time certain; and if it is made for 1:00 p.m. and put in a letter, everything else has to be put aside. She inquired why is the Board hearing this issue during the day and not at a night meeting because it involves the general public and some had to take off of work. She stated any increases should be considered at evening meetings. Ms. Busacca stated it has to be done before September and the Board does not have an evening meeting in August or September. Commissioner Voltz stated they can set one up for this issue; it is important to a lot of people; they should have a say in their government and how it runs; and if they cannot do it in the evening, then it is not fair to everybody. Ms. Busacca stated the Board would have scheduled nine meetings in August, but they can do that in the future. Commissioner Voltz stated there is no meeting scheduled for next Tuesday and there is no reason why they could not have an evening meeting to address those issues, as more people would have come out.

Commissioner Colon stated the Board discussed it at the budget hearing; the Board did not see the letter that went out; she does not think the community realizes that; it says the Board, but the Board did not approve the letter and did not know it went out; and it would have done a better job of having the meetings at a right time. She stated the letter stated putting liens on properties, which was extremely disrespectful to a lot of people who read that letter because they felt the Board was forcing them and being arrogant; she regrets that the letter went out without Board approval; and in the future, letters would not go out without the Board looking at them first. Commissioner Colon stated to do damage control and send out another letter would cost $85,000; and the Board is upset about how it was handled and will make sure it does not happen again. She stated Florida Statutes say if someone does not pay taxes or assessments, there would be a lien on the property; that comes from the State and it should have been stated that way; but it came across like Brevard County would put the lien on the property as a scare tactic; and she wants to apologize for that letter and the way it was written.

Commissioner Voltz stated she realizes it is scheduled at 1:00 p.m. time certain, but there are a lot of people here for that item; and she does not know if they advertised it as a 1:00 p.m. time certain. Commissioner Carlson stated people can find out by calling the County; and it is unfair for them to sit at the meeting all day, but other people are here also for their items.

Ms. Simpson stated the article said the meeting started at 9:00 a.m.; she is going to stick around because she is coming back for this item; and everybody needs to stick together and tell the Board how they feel about everything and anything.

Chairman Pritchard stated Stormwater and Solid Waste will not be heard until 1:00 p.m. and storage of vehicles will not be heard until 2:30 p.m.; and people who are here for those items can enjoy the meeting or go have breakfast, as there are other time certains this morning.

REPORT, RE: LETTER FROM ESCAMBIA COUNTY

The Board acknowledged receipt of a letter from Escambia County Board of County Commissioners read by Chairman Pritchard extending appreciation for the offer of assistance with hurricane-related animal issues following Hurricane Dennis.

REPORT, RE: LETTER FROM TAX COLLECTOR ON 2005 TAX ROLL EXTENSION

The Board acknowledged receipt of a letter from Rod Northcutt, Tax Collector, requesting extension of the 2005 Tax Roll until completion of the Value Adjustment Board hearings.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve extension of the tax rolls until after the Value Adjustment board hearings. Motion carried and ordered unanimously.

REPORT, RE: TRANSPORTATION IMPACT FEES AND DRI’S

Chairman Pritchard stated the discussion at the last workshop dealt with transportation impact fees and developments of regional impact (DRI’s); the presentation and subsequent discussion about that was a gross misrepresentation of fact; the Board was told DRI’s received an alleged full credit for transportation impact fees, but only paid one-third of the amount; and that led him to believe that DRI’s were only paying one-third of the currently charged fee. Chairman Pritchard stated he was very concerned about the alleged return on investment; during in-depth questioning, he found that it was completely untrue; the DRI’s pay the same impact fee as all other residential construction; and they pay for the entire road even though they may only have a traffic demand of 25% of the road’s capacity. He stated the County gives the DRI a credit for 75% of the road’s cost in the form of impact fee credits if the DRI only requires 25% of the capacity; and the impact fee credit is applied to homes as they receive their CO’s. He stated the DRI does not receive an increased benefit; however, the County does as the road is completely paid for by the DRI and the County gets to reimburse the DRI over a long period of time. He stated what was originally presented was false, misleading, and perhaps a blatant attempt to orchestrate an emotional vote based upon erroneous testimony; and he is very disappointed in staff and some Commissioners’ attempts to mislead the public.

Commissioner Colon stated there were about four people who tried to explain how it worked and everybody was having a hard time understanding it; however, at the end of the workshop, she thought the Chairman was comfortable with their answers because it was a difficult formula. She stated she did not see any Commissioners trying to mislead the public; staff tried to elaborate to the best of their ability a subject that is very complex; and she did not see what Chairman Pritchard mentioned, and is trying to figure out if that was his perception.

Chairman Pritchard stated it was not presented well, then there was an attempt to reinforce the bad presentation; it took him a while to figure out what exactly was going on; and when he did, that is when the resolve came about. He stated no one was receiving full credit for one-third payment, which was alleged; what was alleged was wrong and it took him a while to cut through the minutia to come up with what the real answer was; and he does not like getting smoke blown up his skirt and wants people to realize that. Commissioner Colon inquired if it was part of the presentation or did the Board ask that question and staff tried to answer; with Chairman Pritchard responding it was the presentation then the justification that came about by some who were supporting the presentation; the justification that ensued made it blatant; and that is what he disagrees with. He stated they need to have truth and accountability in government.

REPORT, RE: CONSERVATION LANDS ON THE FUTURE LAND USE MAP

Chairman Pritchard read a note sent to County Manager Peggy Busacca regarding the Future Land Use Map advising of his meeting with Mike Moehle on the inaccuracy of the Future Land Use Map utilized to depict public and private conservation lands in North Brevard County. He compared the Future Land Use Map with the map provided by Mike Moehle, and gave a long dissertation on the differences between the maps.

Chairman Pritchard passed the gavel to Vice Chairman Voltz.

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to direct staff to depict every piece of land that is set aside for conservation, advertised as national refuge, or in any way has an indication that it is set aside for conservation on the maps in a color to be outstanding so that it provides an accurate representation of lands in Brevard County that are set aside for conservation, whether they are federal, State, or local governmental lands.

Commissioner Scarborough requested a caveat that the Board get comments from staff as to the methodologies it applies apply to different areas. Commissioner Carlson suggested staff bring back the maps for the Board to review with methodology that says it can officially do that and at that point the Board can look at putting the maps in the Comprehensive Plan as an amendment.

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

Vice Chairman Voltz returned the gavel to Chairman Pritchard.

REPORT, RE: FLORIDA TODAY EDITORIAL

Chairman Pritchard advised that Florida TODAY newspaper wrote a scathing editorial about him; and his entire response can be read on his website at www.brevardcounty.us/D2.

RESOLUTION, RE: PROCLAIMING FIREFIGHTERS APPRECIATION WEEK

Motion by Commissioner Voltz, seconded by Commissioner Colon, to adopt Resolution proclaiming August 21-27, 2005 as Firefighters Appreciation Week. Motion carried and ordered unanimously. (See page for Resolution No. 05-195.)

EMPLOYEE LONGEVITY RECOGNITION, RE: 25 AND 30 YEAR RECIPIENTS

The Board presented plaques to Amarinthia J. Bartek, Fannie J. Gray, and Melanie L. Tibbals in recognition of 30 years of employment with the County; and plaques to Catherine E. Crabtree and Gwendolyn J. Heller for 25 years of employment.

PRESENTATION, RE: PROJECT HOPE

The Board acknowledged a Power Point presentation by Alea Plumley of Project Hope that reaches many in the community through outreach programs such as presentations, canvassing, puppet shows, and various other initiatives.

PRESENTATION, RE: ANNUAL REFUGE REVENUE SHARING PAYMENT

The Board acknowledged receipt of a Revenue Sharing check in the amount of $99,762 presented by Paul Tritaik with U.S. Fish and Wildlife Service, for the Archie Carr National Wildlife Refuge and St. Johns National Wildlife Refuge for fiscal year 2004.

RESOLUTION, RE: PROCLAIMING EMMETT TILL’S DAY

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution proclaiming August 28, 2005 as Emmett Till’s Day. Motion carried and ordered unanimously. (See page for Resolution No. 05-196.)

PUBLIC COMMENTS

Roger Young commented about raising taxes, gas tax, where the extra money is going, no money for roads, and $12 million wish list. County Manager Peggy Busacca responded to Mr. Young; and Commissioner Scarborough advised he would like to meet with Mr. Young.

Kenny Boyd commented on public access via television and negotiation for cable television franchise. Commissioners Colon and Scarborough, and Chairman Pritchard responded to the comments.

Curt Lorenc commented on the time certain issue, appointments to advisory boards, and people being called and told not to come to the meeting and the issue being heard with no speakers present.

WAIVER OF VEGETATIVE BUFFER TRACT, RE: WATERS MARK SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive 15-foot vegetative buffer tract requirement around the perimeter of the proposed Waters Mark Subdivision, as the developer is proposing to construct a six-foot high wall around the north, south, and east boundaries in lieu of the vegetative buffer. Motion carried and ordered unanimously.

EXTENSION AGREEMENT WITH SIGNATURE QUALITY HOMES, INC., RE:
CRANES POINT, PHASE 2

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Extension Agreement with Signature Quality Homes, Inc. guaranteeing infrastructure improvements to Cranes Point, Phase 2. Motion carried and ordered unanimously. (See page for Agreement.)

WAIVER OF PARKING SPACES, RE: THE HIGHLANDS, PHASE 2

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive requirement of providing guest parking as stated in Section 62-3206(d)(2)(h) of the Brevard County Code for The Highlands, Phase 2. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL AND CONTRACT WITH THE VIERA COMPANY, RE: INDIGO
CROSSING SUBDIVISION, PHASE 3

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final plat approval for Indigo Crossing Subdivision, Phase 3, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining appropriate jurisdictional permits; and execute Contract with The Viera company guaranteeing infrastructure improvements in the project. Motion carried and ordered unanimously. (See page for Contract.)

FINAL PLAT APPROVAL, RE: TRAFFORD CORNERS

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

APPEAL TO LENGTH OF TIME FOR SITE PLAN APPROVAL, RE: DIOCESE OF ORLANDO

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive time for site plan approval for Diocese of Orlando, and grant an additional six months extension. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: BRISBANE POINT

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

BINDING DEVELOPMENT PLAN WITH SEA GRAPE MANOR ASSOCIATES, LLC., RE:
PROPERTY ON EAST SIDE OF A1A, NORTH OF TURTLE BAY PLACE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Binding Development Plan with Sea Grape Manor Associates, LLC for property located on the east side of Highway A1A, approximately half a mile north of Turtle Bay Place. Motion carried and ordered unanimously. (See page for Binding Development Plan Agreement.)

BINDING DEVELOPMENT PLAN WITH VALENCIA REAL ESTATE, LLC, RE:
PROPERTY ON EAST SIDE OF SIMON ROAD, SOUTH OF U.S. 192

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Binding Development Plan with Valencia Real Estate, LLC (f/k/a Fulcher Realty Investments, Ltd.) for property located on the east side of Simon Road, south of U.S. 192. Motion carried and ordered unanimously. (See page for Binding Development Plan Agreement.)

TASK ORDER NO. 04-004-01 WITH JONES, EDMUNDS & ASSOCIATES, INC., RE:
ENGINEERING ANALYSIS OF STORMWATER OUTFALLS TO THE BEACHES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Task Order No. 04-004-01 with Jones, Edmunds & Associates, Inc. to perform engineering analysis to evaluate reduction or elimination of stormwater outfalls to the beaches in the amount of $65,000. Motion carried and ordered unanimously. (See page for Task Order No. 04-004-01.)

COVENANT OF NON-DEVELOPMENT AND DEED RESTRICTION, RE: SERNA AVENUE
ROAD PAVING MUNICIPAL SERVICE BENEFIT UNIT (MSBU)

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Covenant of Non-development and Deed Restriction with Peter S. Miravalle III and Candice Miravalle for Serna Avenue Road Paving Municipal Service Benefit Unit. Motion carried and ordered unanimously. (See page for Covenant.)

SECOND AGREEMENTS WITH WALKABOUT RESIDENTIAL COMPANY, LLC
AND COHEN, NORRIS, SCHERER, WEINBERGER, AND WOLMER, RE: RAW
WATER TRANSMISSION PIPING FOR WALKABOUT PUD

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Infrastructure Co-construction Agreement No. 2 with Walkabout Residential Company, LLC, and Escrow Agreement No. 2 with Walkabout Residential Company, LLC and Cohen, Norris, Scherer, Weinberger, and Wolmer, for permitting and construction of additional raw water transmission piping concurrently with the construction of roadway infrastructure within the Walkabout PUD. Motion carried and ordered unanimously. (See pages
for Agreements Nos. 2.)

CHANGE ORDER NO. 4 TO AGREEMENT WITH DOOLEY & MACK CONSTRUCTORS,
INC., RE: MELBOURNE TRANSFER STATION

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Change Order No. 4 to Agreement with Dooley & Mack Constructors, Inc., for Melbourne Transfer Station, reducing contract scope and amount of construction to $11,814,385; allow additional time to complete the punch list; and authorize final payment to the contractor for the project. Motion carried and ordered unanimously. (See page for Change Order No. 4.)

APPROVAL OF FUNDING, RE: TEMPORARY 4-H AGENT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve $3,479 from General Fund Contingency to fund the salary of a temporary 4-H Agent for the remainder of FY 2004-05. Motion carried and ordered unanimously.

APPROVAL OF GRANT APPLICATION, RE: STATE AID TO LIBRARIES FOR
FY 2005-2006

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve grant application to Florida Department of State, Division of Library Services for State Aid to Libraries for FY 2005-06 grant. Motion carried and ordered unanimously.

RESOLUTION, GRANT APPLICATIONS, GRANT AGREEMENTS, AND BUDGET CHANGE
REQUESTS, RE: GRANTS FOR CHAIN OF LAKES RECREATION COMPLEX AND
MITCHELL ELLINGTON PARK

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution authorizing amendment to the Comprehensive Plan to include the Chain of Lakes Recreation Complex and Mitchell Ellington Park; authorize FRDAP grant applications to Department of Environmental Protection for financial assistance in the amount of $200,000 each to develop the projects; and authorize the County Manager to execute the Grant Agreements and Budget Change Requests if the grants are approved. Motion carried and ordered unanimously. (See pages for Resolution No. 05-197 and Budget Change Request.)

APPROVAL OF PAYMENT TO LEISURE GRANTS SERVICES, INC., RE: GRANT
DEVELOPMENT SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve payment of the invoice from Leisure Grants Service, Inc. in the amount of $9,000 for grant development services provided. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-4-05-14, RE: PERSONAL PROTECTIVE EQUIPMENT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to award Proposal #P-4-05-14, Personal Protective Equipment, to Fisher Safety Company; and authorize issuance of Purchase Orders for Departments’ safety equipment requirements. Motion carried and ordered unanimously.

REJECT BID AND RE-BID, RE: BID #B-3-05-125, MICCO PARK CONSTRUCTION OF
BASKETBALL AND TENNIS COURTS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to reject sole bid from MGM Contracting, Inc. for Bid #B-3-05-125, Micco Park Construction of Basketball Court and Tennis Court, and authorize re-bid of the project under revised specifications. Motion carried and ordered unanimously.

RESOLUTION , RE: CHANGING COMPANY NAME FROM MANCHESTER COPPER
PRODUCTS, LLC TO MANCHESTER COPPER TUBE, LLC

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution approving the change of company name from Manchester Copper Products, LLC to Manchester Copper Tube, LLC under the Economic Development Ad Valorem Tax Exemption Program. Motion carried and ordered unanimously. (See page for Resolution No. 05-198.)

AGREEMENT WITH CITY OF ROCKLEDGE, RE: EMERGENCY SERVICES BY CITY
AND DISPATCH SERVICES BY COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with the City of Rockledge for automatic aid to the unincorporated areas surrounded by and adjacent to the City, in return for the County providing dispatching services; delegate the County Manager or her designee the authority to execute renewal options as outlined in the Agreement; and approve Budget Change Request to allocate funding to the Fire Rescue Dispatch program. Motion carried and ordered unanimously. (See pages
for Agreement and Budget Change Request.)

LABOR AGREEMENT WITH LABORER’S INTERNATIONAL UNION, LOCAL 678,
RE: COLLECTIVE BARGAINING

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Labor Agreement with Laborer’s International Union, Local 678, ratifying the tentatively-agreed upon modifications to 14 Articles in the Collective Bargaining Agreement; and authorize the County Manager to execute the Agreement pursuant to Section 447.309, Florida Statutes. Motion carried and ordered unanimously. (See page for Agreement.)

AUTHORIZATION TO ESTABLISH INCENTIVE AWARD PROGRAM, RE: COMPONENT
OF THE HEALTH AND WELLNESS PROGRAMS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve an Incentive Award Program for use as a component in the Health and Wellness Programs. Motion carried and ordered unanimously.

APPROVAL, RE: REVISED LEGAL DESCRIPTIONS OF PRECINCTS

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

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

REVIEW AND APPROVAL OF ACTION PLAN, RE: SALARY AND BENEFITS SURVEY/
PAY AND CLASSIFICATION STUDY

Human Resources Director Frank Abbate and Nick Pelegrini of Cody & Associates, Inc. explained the survey procedure. The Board discussed portions of the survey and pay and classification study.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the action plan prepared by Cody & Associates, Inc. for the salary and benefits survey and pay and classification study, with the elimination of Collier and Sarasota Counties and inclusion of Polk County and City of Titusville. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH EARTHERLEAN RILEY, RE: PROPERTY
FOR HOUSTON LANE PAVING, DRAINAGE, AND INFILL PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Contract for Sale and Purchase with Eartherlean Riley for property required for Houston Lane Paving, Drainage, and Infill Project. Motion carried and ordered unanimously. (See page
for Contract.)

APPROVAL, RE: INCREASE OF GROUP HEALTH INSURANCE CONTRIBUTION RATE
FOR EMPLOYER AND EMPLOYEE/RETIREE AND DEPENDENTS

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve the increase in Group Health Insurance contribution rate for employer and employee/retiree and dependents for calendar year 2006 as recommended by the Employee Benefits Insurance Advisory Committee. Motion carried and ordered unanimously.

HANGAR LEASE AGREEMENT WITH N19EZ CORPORATION, RE: VALKARIA
AIRPORT

County Attorney Scott Knox explained the process requiring an ordinance. The Board discussed the issues.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to table the Lease Agreement with N19EZ Corporation for lease of a hangar at Valkaria Airport until September 13, 2005. Motion carried and ordered unanimously.

SPECIAL MAGISTRATE’S RECOMMENDED ORDER TO DENY VESTED RIGHTS
PETITION, RE: CARMELO AND LISA PULEIO

Attorney Philip Fougerouser represented the applicants for vested rights, and advised of the history of the issue.

The Board discussed the issues. Commissioner Voltz made a motion to approve the vested rights and staff formulate an ordinance to deal with the problem Countywide and with the contractors building docks. The motion died for lack of a second.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to table the Special Magistrate’s recommended order to deny vested rights petition for Carmelo and Lisa Pueleio until October 25, 2005. Motion carried and ordered unanimously.

RE-ADOPTION, RE: ORDINANCE AMENDING ORDINANCE NO. 05-31, AMENDING
ARTICLE III, CHAPTER 42, EMERGENCY MEDICAL SERVICES

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt an Ordinance of the Brevard County Board of County Commissioners amending Sections 42-75, 42-78, and 42-95 of the Code of Ordinances of Brevard County, Florida, pertaining to Emergency Medical Services; abolishing the Micco Benefit Unit and deleting references or provisions dealing with the Micco Benefit Unit; establishing a Countywide benefit unit; providing for the deletion of obsolete language related to private providers; providing for designated service areas for certificated providers; amending the method for establishing rates to reflect a single Countywide benefit unit; providing for severability; providing for an area embraced; providing for ratification; providing for an effective date. Motion carried and ordered unanimously. (See page
for Ordinance No. 05-41.)

The meeting recessed at 11:51 a.m. and reconvened at 1:02 p.m.

AGREEMENT WITH U.S. FISH AND WILDLIFE SERVICE, RE: REIMBURSEMENT TO
BREVARD COUNTY FOR PURCHASE OF LAND IN ARCHIE CARR NATIONAL
WILDLIFE REFUGE

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Agreement for the Purchase of Lands with United States Department of The Interior, U.S. Fish and Wildlife Service, reimbursing the County $711,124.50 for the purchase of property in Archie Carr National Wildlife Refuge pursuant to Resolution No. 02-204. Motion carried and ordered unanimously. (See page for Agreement.)

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN WATERWAY ESTATES, THIRD ADDITION - SHERWIN JOHNSON

Chairman Pritchard called for the public hearing to consider a resolution vacating a public utility and drainage easement in Waterway Estates, Third Addition, as petitioned by Sherwin Johnson.

Sherwin Johnson advised of the pool encroachment and 25 inches of walkway; and requested approval of the vacating.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt a Resolution vacating a public utility and drainage easement in Waterway Estates, Third Addition, as petitioned by Sherwin C. Johnson. Motion carried and ordered unanimously. (See page
for Resolution No. 05-200.)

PUBLIC HEARING, RE: RESOLUTION REVISING STORMWATER UTILITY RATES AND
CERTIFYING FY 2005-06 ASSESSMENT ROLL TO THE TAX COLLECTOR ; AND
RESOLUTIONS ADOPTING SOLID WASTE SPECIAL ASSESSMENT RATES, FEES,
AND CHARGES, AND RATIFICATION, CONFIRMATION, AND CERTIFICATION OF
SOLID WASTE SPECIAL ASSESSMENT ROLLS

Chairman Pritchard called for the public hearing to consider a resolution revising the Stormwater Utility rates and certifying the FY 2005-06 assessment roll to the Tax Collector, and a resolution adopting the Solid Waste special assessment rates, fees, and charges, and ratifying, confirming, and certifying the Solid Waste special assessment roll.

Ms. Simpson, James Falscroft, Whitney Warren, Arthur Davis, Roger Young, Margaret Porter, Don Brintle, Cindy Riggin, Robert DeForest, Donald Inman, Pearl Morice, Jeannie Wasmer, David Glover, Toni Maupin, Arthur Hachtel, James Hart, Pamela Cutrone, Bea Polk, Roy Smith, Edward Lopez, John Carey, Marlene Adams, Ted Catikos, Gerald Heron, Dolores Kane, Lillian Banks, Theresa Boslaugh, Daniel Roberts, Kenny Boyd, and Roberta Inman addressed the Board regarding the stormwater utility rates and solid waste special assessment rates, fees, and charges.

The Board and staff had extensive discussions about the issues.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution establishing stormwater utility rates for FY 2005-06 at the same rates as last year, and certifying the stormwater utility assessment roll to the Tax Collector. Motion carried and ordered unanimously. (See page for Resolution No. 05-202.)

Motion by Commissioner Voltz, seconded by Commissioner Pritchard, to approve the one time Solid Waste Collection Fee increase of $31.31 to pay for the 2004 hurricanes debris removal expenses. Motion carried and ordered; Commissioners Scarborough and Colon voted nay.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to approve the Solid Waste Collection fee increase by $3.03 to fund Waste Management’s COLA; adopt Resolution adopting the Solid Waste Disposal rates, assessments, and charges at an increase of $1.00; adopt Resolution certifying the annual disposal assessment roll to the Tax Collector; adopt Resolution approving Solid Waste impact fee on newly improved property at no increase; adopt Resolution approving Solid Waste Collection and Recycling assessments; and adopt Resolution certifying the Solid Waste Collection and Recycling assessment roll to the Tax Collector. Motion carried and ordered; Commissioner Voltz voted nay. (See pages
for Resolutions Nos. 05-203 through 05-207.)

The meeting recessed at 3:43 p.m. and reconvened at 4:00 p.m.

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, Parking, Locating, and Storage of Vehicles and Equipment. Assistant County Attorney Terri Jones and Code Enforcement Director Bobby Bowen explained the amendments to the Ordinance; and the Board discussed the various issues.

Richard Lee, Captain Bob Barfield, Randy Childers, Carl Holland, Curt Lorenc, Kenny Boyd, Paul Armstrong, Ted Holm, Harold McDonald, Art Pearce, and William Giers addressed the Board regarding the provisions of the proposed ordinance.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to continue the public hearing to consider an ordinance amending Chapter 62, Section 62-2117, Parking, Locating, and Storage of Vehicles and Equipment, to the August 30, 2005 Board of County Commissioners meeting at 5:30 p.m. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
BAREFOOT BAY, UNIT 2, PART 12 - JOHN A. AND LOIS GRACYALNY

Chairman Pritchard called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 2, Part 12, as petition by John and Lois Gracyalny.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 2, Part 12, as petition by John and Lois Gracyalny. Motion carried and ordered unanimously. (See page for Resolution No. 05-199.)

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENT IN THE
MOORINGS, UNIT 2 - MYLES AND CYNTHIA McDONOUGH

Chairman Pritchard called for the public hearing to consider a resolution vacating a public utility easement in The Moorings, Unit 2, as petitioned by Myles and Cynthia McDonough.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution vacating a public utility easement in The Moorings, Unit 2, as petitioned by Myles and Cynthia McDonough. Motion carried and ordered unanimously. (See page for Resolution No. 05-201.)

PUBLIC HEARING, RE: RESOLUTION ADOPTING REVISED WATER AND SEWER RATES,
FEES, AND CHARGES FOR BAREFOOT BAY WATER AND SEWER DISTRICT

Motion by Commissioner Voltz, 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.

Chairman Pritchard called for the public hearing to consider a resolution adopting the revised water and sewer rates, fees, and charges for Barefoot Bay Water and Sewer District.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution adopting the revised water and sewer rates, fees, and charges for Barefoot Bay Water and Sewer District. Motion carried and ordered unanimously. (See page for Resolution No. 05-002.)

TERMINATION OF PERMISSIVE USE AGREEMENT WITH SOUTH FLORIDA SOD, INC.,
GRANT PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, AND APPOINT
SELECTION COMMITTEE, RE: AGRICULTURAL USE OF DISTRICT PROPERTY

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to terminate the Permissive Use Agreement with South Florida Sod, Inc.; authorize the County Manager or her designee to issue a letter of termination providing 180 days notice of said termination; authorize the County Manager or her designee to take any actions necessary to carry out the termination of lease; authorize staff to advertise request for proposals for agricultural use of Barefoot Bay Water and Sewer District property; and appoint Stephen Peffer, Ron Voll, and Jim Fletcher to the Selection Committee to evaluate proposals and make a recommendation to the Board. Motion carried and ordered unanimously.

RESOLUTION, RE: ADOPTING FY 2005-06 BUDGET FOR BAREFOOT BAY WATER
AND SEWER DISTRICT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution adopting the FY 2005-06 Budget for Barefoot Bay Water and Sewer District at 2% increase to cover inflationary costs, insure adequate bond coverage, and preclude steeper increases in the future. Motion carried and ordered unanimously. (See page for Resolution No. 05-003.)

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.

PUBLIC HEARING, RE: ORDINANCES AMENDING ORDINANCES NO. 89-35 AND
89-36, RE: COUNTY ALCOHOL AND OTHER DRUG ABUSE TRUST FUND; AND
MANDATING IMPOSITION OF ADDITIONAL COST FOR DEFENDANTS FOUND
GUILTY OF UNLAWFUL USE OF DRUGS OR ALCOHOL

Chairman Pritchard called for the public hearing to consider ordinances amending Ordinances Nos. 89-05 and 89-36, amending County Alcohol and Other Drug Abuse Trust Fund; and mandating imposition of additional cost for defendants found guilty of unlawful use of drugs or alcohol.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt an Ordinance of Brevard County, Florida, amending Ordinance No. 89-35, to comply with Florida Statutes; renaming the County Drug Abuse Trust Fund to County Alcohol and Other Drug Abuse Trust Fund; authorizing the County to receive payments from the Clerk of the Circuit Court into such fund; directing the Clerk of the Circuit Court to file reports with the Clerk of the County Commission concerning the imposition of certain court costs; mandating that the monies deposited into such fund shall be the proceeds of court costs and assessments as provided in 938.21, 938.23, and 893.165, Florida Statutes; vesting the County Commission with certain authority concerning such fund; providing for an annual award of funding from such, upon consideration of information and requests filed by candidate programs and as selected by the County Manager or designee; providing for severability; providing for inclusion in the Code; providing for conflicting provisions; providing for area encompassed; and providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 05-37.)

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt an Ordinance of Brevard County, Florida, amending Ordinance No. 89-36; mandating the imposition of an additional cost in the sum of $15.00 in cases in which a defendant is found guilty of any misdemeanor in which the unlawful use of drugs or alcohol is involved; authorizing Clerk of the Court to collect cost; authorizing Clerk of the Court to remit monies to the Brevard County Board of County Commissioners; authorizing Clerk of the Court to retain one dollar as service charge; authorizing the monies to be placed in the Brevard County Alcohol and Other Drug Abuse Trust Fund; providing for severability; providing for conflicting provisions; providing for area encompassed; providing for inclusion in the Code; and providing an effective date. Motion carried and ordered unanimously. (See page
for Ordinance No. 05-38.)

ACCEPT WARRANTY DEED FROM RIVER GROVE ON THE TRAIL, LLC, AND WAIVE
ENVIRONMENTAL SITE ASSESSMENT REQUIREMENT, RE: MOSQUITO
IMPOUNDMENT SITE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to recess as the Board of County Commissioners and convene as the Mosquito Control District Board. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to accept the Warranty Deed from River Grove on The Trail, LLC, and waive environmental site assessment requirement for a mosquito impoundment site, which is subject to a conservation easement in favor of the St. Johns River Water Management District located in Section 13, Township 25S., Range 36E. Motion carried and ordered unanimously. (See page for Deed.)

AGREEMENT BETWEEN ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND
BREVARD MOSQUITO CONTROL DISTRICT, RE: REHABILITATION OF IMPOUNDED
SALT MARSHES REIMBURSED BY SWIM FUNDS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement between the St. Johns River Water Management District and Brevard Mosquito Control District for annual rehabilitation of coastal wetlands with reimbursement by SWIM funds. Motion carried and ordered unanimously. (See page for Agreement.)

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adjourn as the Mosquito Control District Board, and reconvene as the Board of County Commissioners. Motion carried and ordered unanimously.

APPOINTMENT, RE: COUNTY REPRESENTATIVE TO SCHOOL BOARD’S SCHOOL
IMPACT FEE ADVISORY COMMITTEE

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to appoint Gwen Heller as the County’s representative on the School Board’s School Impact Fee Advisory Committee. Motion carried and ordered unanimously.

RESOLUTION, RE: ADOPTING HURRICANE HOUSING RECOVERY PROGRAM

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution adopting the Hurricane Housing Recovery Program for Fiscal Years 2005-06, 2006-07, and 2007-08; authorize the Chairman to sign the required State Certifications; authorize the County Manager to sign the Memoranda of Understanding with entitlement cities and approve and sign future amendments approved by the Affordable Housing Council and amendments the Florida Housing Finance Corporation determines are necessary to meet the requirements of Emergency Rule 67ER05-1, all provisions of Chapter 67-37 F.A.C., and Sections 420.907 through 420.9079, Florida Statutes; and authorize the Housing and Human Services Director to advertise the availability of funds and submit the Plan to the Florida Housing Finance Corporation. Motion carried and ordered unanimously. (See page for Resolution No. 05-208.)

APPROVAL, RE: PROPERTY INSURANCE PROGRAM THROUGH JUNE 1, 2006

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve the Property Insurance Program coverage as recommended by Risk Management and proposed by Brown & Brown through June 1, 2006. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE AND SCHEDULE, RE: EXECUTIVE SESSION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize the County Attorney to advertise and schedule an executive session for September 13, 2005 at 11:30 a.m. or as soon thereafter as possible, to discuss strategies relating to litigation of Health First, Inc. v. Brevard County; Brown, Mark case; Carr, Carlton case; Chapman, Marshall case; Mitchell, Horace case; Reuter, Rene case; Scott, James case; Shields, Thomas case; Stewart, Edward case; Washington, William case; Watts, Samuel case; and Wilson, Percivel case. Motion carried and ordered unanimously.

LEASE WITH SHERIFF’S OFFICE, RE: HANGAR AT MERRITT ISLAND AIRPORT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Titusville-Cocoa Airport Authority’s Amended and Restated Lease Agreement with the Brevard County Sheriff’s Office for a hangar at Merritt Island Airport. Motion carried and ordered unanimously. (See page for Lease.)

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 122, ARTICLE II, SECTION
122-26, IDLE SPEED ZONES, INCLUDING FOX LAKE

Chairman Pritchard called for the public hearing to consider an ordinance amending Chapter 122, Article II, Section 122-26, Idle Speed Zones, to include Fox Lake.

Ed Hayes, representing Florida Fish and Wildlife Commission addressed the Board on the proposed ordinance.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt an Ordinance amending Chapter 122, Article II, Code of Ordinances of Brevard County, Florida; relating to idle speed, no wake zones in Fox Lake; specifically amending Section 122-26; and providing for an effective date. Motion carried and ordered; Commissioners Pritchard and Voltz voted nay. (See page for Ordinance No. 05-39.)

PUBLIC HEARING, RE: ORDINANCE CREATING PROCEDURES FOR SALE OR LEASE
OF SURPLUS REAL PROPERTY AND MODULAR STRUCTURES

Chairman Pritchard called for the public hearing to consider an ordinance creating procedures for sale or lease of surplus real property and modular structures.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to continue the public hearing to consider an ordinance creating procedures for sale or lease of surplus real property and modular structures until September 13, 2005, at 10:00 a.m. Motion carried and ordered; Commissioner Colon voted nay.

PUBLIC HEARING, RE: ORDINANCE REMOVING HIGHWAY A1A SPECIAL SETBACK
AND REDUCING ROADWAY SETBACK FOR OCEANFRONT PROPERTIES

Chairman Pritchard called for the public hearing to consider an ordinance removing Highway A1A special setback and reducing the roadway setback for oceanfront properties.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt an Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Section 62-1343 single-family attached residential (RA-2-4, RA-2-6, RA-2-8, RA-2-10); removing oceanfront setback, clarifying ambiguous language, relocating breezeway requirement language, and removing outdated cross-references made obsolete by this Ordinance; Section 62-1344, Residential Professional (RP), removing oceanfront setback, clarifying ambiguous language, and relocating breezeway requirement language; Section 62-1371, Low Density Multiple-Family Residential (RU-2-4, RU-2-6, RU-2-8), removing oceanfront setback, clarifying ambiguous language, and relocating breezeway requirement language; Section 62-1372, Medium-Density Multiple-Family Residential (RU-2-10, RU-2-12, RU-2-15) removing oceanfront setback, clarifying ambiguous language, and relocating breezeway requirement language; Section 62-1373, High-Density Multiple-Family Residential (RU-2-30) removing oceanfront setback, clarifying ambiguous language, and relocating breezeway requirement language; Section 62-1481, Restricted Neighborhood Retail Commercial (BU-1-A) removing oceanfront setback and clarifying ambiguous language; Section 62-1482, General Retail Commercial (BU-1) removing oceanfront setback and relocating Breezeway requirement language; Section 62-1483, Retail, Warehousing, and Wholesale Commercial (BU-2) removing oceanfront setback and relocating breezeway requirement language; Section 62-1511, General Tourist Commercial (TU-1) removing oceanfront setback, clarifying ambiguous language, and relocating breezeway requirement language; Section 62-1831.5, Worship, places of, amending cross-references affected by this Ordinance; Section 62-1841, Nursing Homes, amending outdated Code references; and Section 62-2121, Special Setback and Access Interval Requirements; projections into required setback; removing Highway A1A special setback and access interval standard; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code of Ordinances. Motion carried and ordered unanimously. (See page for Ordinance No. 05-40.)

PUBLIC HEARING, RE: ORDINANCE REGULATING RESORT DWELLINGS AS
CONDITIONAL USE PERMIT

Chairman Pritchard called for the first public hearing to consider an ordinance regulating resort dwellings as conditional use permit.

Pam Pipher, Lucinda Coulter-Burbach, George Keough, and Sean Irvine addressed the Board regarding the provisions of the proposed ordinance.

The Board discussed not changing the wording, no intent for resort dwellings in residential neighborhoods, noise, amplified music, and suspension of licenses for violations.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to move the ordinance regulating resort dwellings as a conditional use permit to the final hearing on September 1. 2005. Motion carried and ordered unanimously.

STAFF REPORT, RE: CAMP HOLLY FISH CAMP

Commissioner Scarborough recommended staff work with the owners and return with a report on September 1, 2005.

*Commissioner Carlson’s absence was noted for the remainder of the meeting.

RESOLUTION, RE: SUPPORTING SHORE PROTECTION PROJECT AND REQUESTING
STATE COST-SHARE FUNDING

The Board continued the Resolution supporting the shore protection project and requesting State cost-share funding until September 1, 2005.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 6:14 p.m.

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

(S E A L)