MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

October 11, 2005

The Board of County Commissioners of Brevard County, Florida, met in regular session on October 11, 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 and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox. Absent were: Commissioners Helen Voltz and Susan Carlson.

The Invocation was given by Pastor Dave Folkerts, Calvary Chapel of Melbourne, West Melbourne, Florida.

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

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve the March 10, 2005 Special Meeting Minutes and April 26, 2005 Regular Meeting Minutes. Motion carried and ordered unanimously.

County Manager Peggy Busacca requested Item IV.C.5., Resolution, Re: Authorizing Transfer of Cable Franchise from Adelphia Communications Corporation to Comcast Corporation be pulled from the Consent Agenda and scheduled to the October 25, 2005 meeting.

Chairman Pritchard recommended the resolution contain the tentative fix to run to December 31, 2005.

Commissioner Scarborough advised Item IV.B.9. needs to be pulled from the Consent Agenda for discussion purposes. Chairman Pritchard stated he has two requests from the public to pull such item; and IV.C.3. has also been requested by the public to be pulled.

Chairman Pritchard requested Items IV.C.7. and IV.C.8. be pulled from the Consent Agenda for discussion purposes.

County Manager Peggy Busacca introduced Melissa Brock, Environmental Health Manager for Brevard County.

Chairman Pritchard stated Commissioners Carlson and Voltz are not present for today’s meeting as they are both attending other meetings.

Commissioner Colon advised the fifth County/City Summit will be held on Friday, October 14, 2005, from 9:00 a.m. to 12:00 noon at the Agricultural Center.

The Board extended Happy Birthday wishes to County Manager Peggy Busacca.

Larry Weber, representing Keep Brevard Beautiful, requested approval from the Board for $20,000 to remove pepper trees along SR 528 and the Ulumay Sanctuary.

Commissioner Scarborough inquired if Mr. Weber has the volunteers to do the project; with Mr. Weber responding yes.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve request from Larry Weber with Keep Brevard Beautiful for $20,000 from the non-recurring unencumbered monies from last year’s budget to remove pepper trees along SR 528 and the Ulumay Sanctuary. Motion carried and ordered unanimously.

Chairman Pritchard advised of a request to name the lake at the Sheriff’s Farm as Jake’s Lake; and stated Commissioner Scarborough requested the County Manager review the Policy for the naming.

County Manager Peggy Busacca advised the Policy says a portion of a facility rather than the entire park may be named after someone.

Motion by Commissioner Scarborough, to name the lake at the Sheriff’s Farm as Jake’s Lake.

County Manager Peggy Busacca advised the Parks and Recreation Advisory Board will consider the request and staff was going to schedule the item on the Board of County Commissioners October 25, 2005 agenda. Commissioner Scarborough noted the Advisory Board can participate; and requested Ms. Busacca advise it that the Board of County Commissioners supports naming the lake.

Chairman Pritchard advised that at the October 6, 2005 Zoning Meeting the Board requested the representative for Item V.B.7., Unity Church, meet with the North Merritt Island Homeowners Association; the item was continued to the November 3, 2005 Board of County Commissioners meeting; however, the Homeowners Association does not meet until November 7, 2005. He further requested that the item be continued to December 1, 2005.

County Attorney Scott Knox advised that the Board will have to take action at the November 3, 2005 meeting to continue the item.

Commissioner Colon stated she was at a zoning meeting yesterday with the LPA; the chair mentioned the Board would like any controversial issues to be discussed; the LPA tabled the item to be sent to the Board; and there should be a recommendation made to the Board of approval of denial.

The Board reached consensus to direct staff to advise the Planning and Zoning Board, Local Planning Agency, North Merritt Island Dependent Special District Board, and Port St. John Dependent Special District Advisory Board that they have to take action on zoning items as the Board of County Commissioners does not accept tabled items from them.

Chairman Pritchard advised the Commissioners were sent a letter from Property Appraiser Jim Ford regarding the TRIM notice that was put in the Florida TODAY newspaper; and some serious accusations were made.

The Board requested the County Manager meet with Property Appraiser Jim Ford regarding the TRIM notification that was put in the Florida TODAY newspaper, which had serious accusations; and provide an executive summary to the Board.

Chairman Pritchard advised that the Endangered Species Act will be going through serious modifications; and it is being addressed at the federal level and has bipartisan support, but fails to recover endangered species, while conflict and litigation have plagued local communities and private property owners. He stated it is time to set standards to make sure the best possible scientific data available is used, the Bill represents a real improvement on the current Act, which over the past 30 years has done more to harm the species recovery process than to help it; it is long overdue; has been driven by litigation and not science; and it is time to stop.

County Manager Peggy Busacca stated the proposed item for Dun Huntin Subdivision should have been deleted from the agenda.

Chairman Pritchard advised the item will be discussed at the November 1, 2005 meeting.

The Board deleted request for waivers of sidewalks, perimeter buffer, retention area side slopes, and curbing for Dun Huntin Subdivision from the agenda.

Chairman Pritchard read aloud a resolution proclaiming October 14, 2005 as Brevard County Triad’s Senior Fest Day.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution recognizing and proclaiming October 14, 2005 as Brevard County Triad’s Senior Fest Day and urging Brevard County seniors to attend this free, significant, and worthwhile event. Motion carried and ordered unanimously.

Ron Morgan, Chairman of American Millennium Foundation, Inc., expressed appreciation to the Board for the Proclamation; and introduced the members and their organizations.

Chairman Pritchard presented the Resolution to Ron Morgan and representatives of TRIAD.

Chairman Pritchard read aloud a resolution proclaiming November 2005 as Puerto Rican Heritage Month in Brevard County.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution proclaiming November 2005 as Puerto Rican Heritage Month in Brevard County, in recognition of the contributions made by the Puerto Rican residents to the community. Motion carried and ordered unanimously.

Angela Ruiz expressed appreciation to the Board for the Resolution.

Chairman Pritchard presented the Resolution to Angela Ruiz and Maria Melendez.

Commissioner Scarborough read aloud a resolution recognizing Project H.O.P.E. as an essential hurricane recovery resource in Brevard County.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution recognizing Project H.O.P.E. as an essential hurricane recovery resource in Brevard County. Motion carried and ordered unanimously.

A representative of Project H.O.P.E. thanked the Board for the Proclamation.

Commissioner Scarborough presented the Resolution to representatives of Project H.O.P.E.

Chairman Pritchard read aloud a resolution recognizing the efforts of the Economic Development Commission of Florida’s Space Coast with the BRAC Commission.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution recognizing the Economic Development Commission of Florida’s Space Coast for its tremendous foresight and proactive stance in the development of a program of work during the BRAC 2005 process that led to the ultimate goal of protecting Brevard County’s military installations and the nearly $1.4 billion contribution to the local economy. Motion carried and ordered unanimously.

Eugene McCarthy expressed appreciation to the Board for the Resolution and its support.

Randy Harris thanked the Board and the investors for their support of the Economic Development Commission of Florida’s Space Coast.

Chairman Pritchard presented the Resolution to Randy Harris, Chairman of the Space Coast Defense Alliance; Eugene McCarthy, Chairman of the EDC of Florida’s Space Coast; and Kimberly Agee, Managing Director of the EDC.

Chairman Pritchard read aloud a resolution naming Titusville Historic Courthouse as the Vassar B. Carlton Historic Titusville Courthouse.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution naming the Titusville Historic Courthouse as the Vassar B. Carlton Historic Titusville Courthouse in honor of the only person from Brevard County to have attained the distinction as Chief Justice of the Florida Supreme Court, and a man of the law with impeccable character, dignity, and values. Motion carried and ordered unanimously.

Bud Crisafulli introduced members of the Carlton family; and expressed appreciation to the Board for the Resolution.

Judge Clarence Johnson advised of Vassar Carlton’s common sense, high personal standards, sense of humor, moral courage, and leading by example.

Chairman Pritchard presented the Resolution to Judge Carlton’s family.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the Chairman to sign a letter to Congressman Dave Weldon regarding assistance to the County for beach and dune restoration along the Mid Reach beaches. Motion carried and ordered unanimously.

Walter Pine stated the Board is putting the fox over the hen house again; the executive staff is being accused of misguiding and misinforming the Board, but it is asking such staff to meet with Property Appraiser Jim Ford concerning the notification in the Florida TODAY newspaper; it does staff and the County a disservice; and it is important for the Board to appoint independent people to review the issue and meet with Mr. Ford. He advised the Endangered Species Act (ESA) issue was filed on September 19, 2005; there were organizations throughout the Nation involved, including the Center for Civil Rights Advocacy; and many organizations would like to give the Board comments and explanations, possible impacts, and seek its support. He commented on public records requests concerning the Future Land Use Map (FLUM); stated he reviewed the tapes and it is not clear that the Board asked staff to update the FLUM; a lot of comments were made, but nobody directly said to bring the FLUM up-to-date and make it accurate today; and it is important that the FLUM be made accurate and the Board and public be given the appropriate information. He advised he has still not been given access to public records.

Thelma Roper requested the Board support the new change in the ESA. She advised when different committees and advisory boards are created a lot of the same people are appointed to them; and individuals have indicated to her they are not getting appointed because their viewpoints differ from the Commissioner of their District.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final plat approval for Cypress Woods, Phase 5, 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.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant a waiver to access the subdivision over an easement and grant final engineering and preliminary plat approvals for Woodshire Preserve Subdivision, subject to minor engineering changes as

applicable and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final engineering and preliminary plat approvals for Gatwick Manor, Chelford and Eason Landing, subject to minor engineering changes as applicable and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final plat approval for Indigo Crossing Subdivision, Phase 4, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining jurisdictional permits; and execute a Subdivision Infrastructure Contract with The Viera Company guaranteeing improvements in the Subdivision. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final plat approval for The Fairway at Viera, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining jurisdictional permits; and execute a Subdivision Infrastructure Contract with The Viera Company guaranteeing improvements in the Subdivision. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final plat approval for Terramore Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining jurisdictional permits; and execute a Subdivision Infrastructure Contract with The Viera Company guaranteeing improvements in the Subdivision. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Binding Development Plan Agreement with Harry Durham Pritchett, Trustee/The Fountains at Lake Washington, L.L.C. for property located on the west side of Washington Drive, north of Chesterfield Lane. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Binding Development Plan Agreement with Chanda Hollingshead for property located on the west side of John Rodes Boulevard, south of Aurora Road. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve legislative intent and permission to advertise a public hearing to consider an ordinance

amending Section 62-1901 to clarify the process for renewing Conditional Use Permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve the 2006 Board of County Commissioners Zoning Meeting schedule. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the County Manager to approve short-term equipment rental agreements in excess of $5,000 with a maximum amount not to exceed $50,000 over the term of the rental agreement. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant permission to advertise for a public hearing to take place on October 25, 2005, to confirm the preliminary assessment roll for the Serna Avenue Road Paving Municipal Service Benefit Unit. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve installation of three speed humps on Parker Street located in Mims. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve installation of two speed humps on Manta Bay Street located in Merritt Island. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Task Order 00-31 between Brevard County and S2Li, Inc. to provide Master Planning and Site Development Feasibility of the U.S. 192 Deseret site. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the Utility Services Department to piggyback on the Kissimmee Utility Authority Bid IFB #020-05 for Sodium Hypochlorite at $0.69/gallon, awarded August 8, 2005 and effective until August 8, 2006. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to award Bid #B-4-05-122 to J & H Waterstop, Inc. and authorize the Chairman to execute the construction contract for Lift Station N-2 Relocation, at a total price of $248,275. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to award Bid #B-4-05-121 to Jobear/Warden Construction, Inc. and authorize the Chairman to execute the construction contract for the Snug Harbor/Barefoot Bay Interconnects, at a total price of $299,542. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Written Notification of Contract Renewal for a one-year extension with Wuesthoff Reference Laboratories for toxicology and histology services for the 18^th District Medical Examiner’s Office. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolutions modifying Brevard Commission on Aging, Commission on Mental Health and Community Solutions, and Together in Partnership for Youth and Their Families to provide consistency in board operations, improve staff support for community volunteers, and expand the opportunities for success of each planning group by incorporation of the individual strengths identified in the currently varied organizational structures. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Agreement with St. Johns River Water Management District for installation and monitoring of a telemetry rain gauge at Parrish Park for research and scientific purposes. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Agreement to Amend and Renew Existing Agreement with Brevard Alzheimer’s Foundation, Inc. for use of a portion of Gibson Community Center in Titusville. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Change Order No. 2 with Star Base Development, Inc. in the amount of $106,334.39 for construction of Grove Park Pond, cost deductions for direct purchased items, additional costs for the irrigation pump system, temporary power to operate the irrigation system, revision to a section of stormwater piping, additional survey and legal description preparation, and a change to the pedestrian walkway subbase. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize and award to C&D Construction, Inc. as the most responsive bidder, in the amount of $119,750, and authorize the Chairman to execute Contract for Phase 1 renovations of Sams House, Pine Island Conservation Area; grant permission to bid, award bid to the lowest responsive bidder, authorize the Chairman to execute contracts; and authorize the utilization of State, School Board, Governmental Entities, and Cooperative Agreements for Phase 2 renovations of Sams House, Pine Island Conservation Area. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution amending rules and fee schedule for The Savannahs, Habitat, and Spessard Holland Golf Courses. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant permission to obtain appraisals and begin negotiations with the property owners of .18 acre adjacent to SPRA Park allowing additional frontage on SR A1A to expand the park acreage. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Revised Policy BCC-75, County Vehicle Fleet Management. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to award Proposal #P-4-05-01 to Tiburon, Inc. in the amount of $667,030 for computer aided dispatch system for Fire Rescue; and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Agreement with the firm of Berman Hopkins Wright & LaHam CPA’s, LLP for independent financial audit services for the County. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Amendment to Lease Agreement with the Sheriff’s Department for use of County property east of I-95 near Cocoa for farm. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve FY 2005-2006 advertising media plan in the amount of $1,750,000, with additional funding of approximately $350,000 for cooperative partner contributions; authorize the Tourism Development Director and the County Manager or designee to negotiate advertising rates and

execute agreements with vendors; and approve purchase orders to advertising vendors for ad placement costs over $35,000. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Agreement for FY 2005-2006 Category B, Beach Clean-up Grants with Keep Brevard Beautiful in the amount of $109,500 for FY 2005-2006; and authorize the Tourism Development Director to execute Amendment for FY 2006-2007. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Sean Simmons’ request for a variance from Article XI, Section 62-4062, Flood Damage Protection Code, to permit the reconstruction of a 30-year old barn. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize implementation of the cost of living and merit increases included in the adopted FY 2005-2006 budget to permanent non-bargaining unit personnel effective November 29, 2005. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize renewal of the Long Term Disability Insurance Policy effective January 1, 2006; and authorize the Human Resources Director to execute the contract renewal. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve an increase to the maximum employee contribution in the Maximum Employee Contribution Account (MFSA) program, currently administered by AFLAC through the Office of Human Resources/Employee Benefits, from the current maximum contribution of $2,000 annually to $3,000 annually; and authorize modification of the Summary Plan Document by adding a grace period that extends the time for making claims for reimbursement from the MFSA program

beyond the current 12-month plan year by 2 ½ months. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the Office of Human Resources/Employee Benefits to execute contract documents necessary to secure the services of Bradman Unipsych as the Managed Behavioral Health and EAP provider for the Brevard County Group Health Insurance Program; and grant permission to pursue any legal remedies available to the County regarding the failure of The Allen Group (TAG) to

execute a contract for services following the Board’s award of the Managed Behavioral Health and EAP contract to them on July 12, 2005. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize safety hazards pay for non-bargaining unit employees who work at the Detention Center/Jail consistent with the Laborers’ International Union of North America (LIUNA) Labor Agreement. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant permission to advertise public hearing on amendments to Merit System Definitions and References, Merit System Policy II, Pay Plan, Merit System III, Recruitment, Applications and Examinations, Merit System Policy IV, Appointments, Merit System Policy VIII, Holidays, Merit System Policy IX, Leave, Merit System Policy XI, Employee Performance Evaluation, and Merit System Policy XII, Disciplinary Action. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve the Sheriff’s requisition of one-twelfth of Fiscal Year 2005-2006 budget funds at the first Board meeting in October 2005, one-sixth budget in January 2006, and equipment (capital) budget. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve the Bills as submitted. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution approving the issuance by the Brevard County Health Facilities Authority of its Health Facilities Revenue Bonds, Series 2005 (Health First, Inc. Project) in one or more series and in an aggregate principal amount not to exceed $175,000,000 the proceeds from the sale of which will be used principally to finance certain capital improvements for Health First, Inc. and its affiliates; and providing an effective date. Motion carried and ordered unanimously.

Amy Tidd advised of her support for the EEL’s Program; stated she supports due diligence and making sure every penny is accounted for; and suggested if property is found for relocation of the EEL’s Program office, the item not be included on the Consent Agenda.

Walter Pine requested all public comment that has previously been taken be considered by the EEL’s Committee; stated the EEL’s Program office has property it is leasing for $1.00 a year; a synergy could be created by putting such office in the same buildings; it is mis-advised for the County to release something for $1.00, $5.00, or a nominal amount and then pay a significant amount to put in offices for the County; and it is wrong. He noted there may be an issue of malfeasance to lease offices to organizations for a nominal fee that could be used by the County, saving significant funds; it has buildings to manage facilities that can easily house some of the functions of the EEL’s Program, which would significantly decrease costs to the County; and the taxpayers deserve the savings. He requested the Board consider the issue carefully before it moves forward to acquire additional property; and stated it needs to be investigated.

Thelma Roper requested conserving the money for administrative costs and putting the funds toward purchasing EEL’s land; stated she is not against the EEL’s Program having an office, but there are better ways to utilize the money; she has no problem with the list of procedures attached to the item; and it would be much easier to have expanded the design of the EEL’s Program office building. She requested the County utilize one of its existing buildings for the EEL’s Program office before building a new administrative office.

Doug Sphar stated he is a strong supporter of the EEL’S Program and the mission of EEL’s; however, in view of the escalation of land prices to get the properties that need to be preserved, he is not sure it is astute to divert $500,000 from the core mission to purchase office property. He suggested a vigorous attempt be made to integrate EEL’s staff into existing County facilities.

Commissioner Colon stated citizens want the Board to be careful on how it spends the EEL’s funds; it is also a concern of hers how the County is going to spend the dollars; the Board has to follow what the referendum said; it needs to make sure Commissioners Carlson and Voltz are present to give the Board feedback; and the full Board should be part of the discussions.

Chairman Pritchard suggested using the second floor being vacated by the Health Department in the Central Brevard Service Complex with a compound in the back to house the EEL’s Program Office and equipment. He stated the County needs to spend less on administration and more on what the voter intended.

County Manager Peggy Busacca stated it is an option the County should investigate.

Commissioner Scarborough stated County Attorney Scott Knox has indicated there are certain legal procedures the County should properly follow; Finance Director Stephen Burdett provided a memorandum to the Board, but nobody has had a chance to comment on it; it needs to be reviewed; and the monies need to be spent judiciously. He noted proponents and opponents of the whole proposition have indicated the basis of the 70% vote was for the purchase of environmental lands and not for administration; and the County needs to explore it thoroughly. He noted Commissioner Colon’s idea is well put; there needs to be a full Board; and it needs to handle this correctly.

Motion by Commissioner Scarborough, to direct staff to vigorously look for properties that would meet the needs, and bring the properties back to the Board for full discussion before contractual negotiations are entered into by staff.

Ms. Busacca stated the County needs to look more broadly at options; staff needs to come back to the Board with options fleshed out; and the direction the Board has provided has been helpful.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to table authorization to conduct preliminary investigations, appraisals, environmental audits, surveys, and negotiation of a contract for acquisition of property to relocate EEL’s Program Office for consideration by the full Board; and direct staff to look for properties vigorously and bring the properties back to the Board for full discussion before contractual negotiations are entered into by staff. Motion carried and ordered unanimously.

Adrian Stone, representing Space Coast Removal Service, advised of his opposition to award Proposal #P-5-05-33 and execute the agreement with B&B Enterprise, as the Proposal was awarded to Space Coast Removal Service in the initial bid. He stated when David and Denise

Reid found out he had a conviction, they took the information to the Medical Examiner and Purchasing Department; not more than five days later he had a rescind letter stating the County rescinded the contract due to delays and uncertainty of Space Coast Removal Service receiving a State license; he received a State license; and before he received it the award was given to Coastal Health Care, who had a license that was null and void. He stated the Board rejected all the bids; several months later the County advertise a proposal; in it stated ex-felons would not be awarded the proposal; and expressed concern there was no language in the first bid stating that an ex-felon could not apply nor receive the award, and in the subsequent proposal the language changed dramatically. Mr. Stone noted the Purchasing Department acted prematurely; he received his State award; and now the County is adding stipulations higher than what the State would require for deceased removal and transport services.

Denise Reid, representing Signal 7 Transport, requested the Board not execute the agreement with B&B Enterprise due to it not being a responsive bidder according to the County’s definition as written in the Purchasing Manual.

David Reid, representing Signal 7 Transport, provided information to the Board; and requested the agreement not be signed with the intended awardee. He stated Packet A shows the items left out of the bidding packet; and advised of an employee drivers license suspension, DUI, criminal records not submitted in the proposal packet, B&B Enterprise not having enough equipment to handle the proposal, and incomplete information and omissions. He requested the proposal be awarded to the next fully responsive bidder.

Purchasing Director Steve Stultz advised the recommended action on the item is to proceed with award of the proposal and agreement to B&B Enterprise for deceased removal and transport services; Spacecoast Removal Service, Inc. and Coastal Transport Services had currently applied for licenses; one vendor advised the County there was a background record on Spacecoast Removal Service, Inc.; and his Department contacted the Department of Business and Professional Regulation and checked on the review of Spacecoast Removal Service, Inc.’s license application. He stated his staff was told the application was temporarily being held for further review pending background checks; the award was rescinded on April 14, 2005 based on the information from Department of Business and Professional Regulation it could not give the County any indication if and when a license could be acquired by Spacecoast Removal Service, Inc.; and according to the State’s website, such vendor has secured a license, but it was not issued until June 8, 2005. He advised the Board authorized rejection of what was one remaining bid and re-solicitation of request for proposals; such re-solicitation was done on July 21, 2005; a Selection Committee reviewed the proposals based on qualifications; and the specifications were revised upon recommendation of the County Attorney’s office to include submission of criminal background checks and driving histories on the vendor and those employees performing transport services. He stated the Selection Committee recommended award to B&B Enterprise; upon posting of the notice of intent to award to B&B Enterprise, the County received protest from Spacecoast Removal Service, Inc. and Signal 7 Transport; the Protest Committee heard the issues of the protest that were filed; and its recommendation was to reject the issues of the protest, but uphold the Selection Committee’s recommendation for award to B&B Enterprise.

County Manager Peggy Busacca inquired was the information provided today available to the Committee and does it change the recommendation; with Mr. Stultz responding the information was provided and it does not change the recommendation.

Discussed ensued concerning background checks, driving records, policy for bids and proposals, and protection to the County and public.

Commissioner Colon stated she is comfortable moving forward with the award to B&B Enterprise.

Commissioner Scarborough stated there is a thick packet; suggested allowing Mr. Stultz additional time to review the information to see if there is any new relevant evidence that he has not reviewed previously; and requested Mr. Stultz report back to the Board after lunch.

Chairman Pritchard called for the public hearing to consider an ordinance amending Section 62-2121, Special Setback and Projections into Required Setback.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Section 62-2121 to include backup, standby, or whole house generators in the list of permitted projections into required setbacks; 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.

Chairman Pritchard called for the public hearing to consider a rezoning request from Barbara A. Roach to change her property from AU to RR-1 on 2.13 acres located on the northeast corner of Panther Lane and Tomato Farm Road.

Commissioner Scarborough stated the item has not been resolved; and Mary Burke has continuing concerns.

Mike Ammons stated he was not aware of the concerns.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to continue the public hearing to consider a rezoning request from Barbara A. Roach to change her property from AU to RR-1 on 2.13 acres located on the northeast corner of Panther Lane and Tomato Farm Road, until the November 3, 2005 meeting. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to award Proposal #P-2-05-09, Landscape Maintenance for North Area Facilities, to J.B.’s Lawn Control in the amount of $68,060; and authorize the Chairman to execute any resultant Contract. Motion carried and ordered unanimously.

Thelma Roper stated it is her understanding one of the appointees to the Task Force has been appointed to many committees; when the Task Force was created, it was after months of public meetings and public hearings; public comments were disregarded; and some individuals are being appointed to multiple committees that are of environmental interests.

Walter Pine stated a lot of public comment was taken and almost all of it was negative; a lot of careful analysis was done by the public; people made an effort to inform the County of the impacts; and the public in attendance at the meetings were very concerned. He noted the discrediting of public opinion because it is not acceptable by County staff bothers him; there was a particular agenda; if the County does not continue the use of the particular public input then there must be a reason for it; and if it is not constrained by public comment that previously occurred, then there was without doubt an intent to avoid the usage of that public comment. He stated most of the groups have a specific agenda and the public is not being represented; it is heavily weighted toward environmental organizations, most of which are anti-property rights; there needs to be more members at-large; and requested the Board increase the number of public participation so there is equal representation and equal vote on the Task Force.

Chairman Pritchard stated there are 11 organizations and up to five at-large members the Board can appoint; the appointees do not have to reside in a particular District; 16 people on the Task Force is plenty; and he likes the idea of new eyes on advisory boards and committees.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution amending Resolution No. 05-046, creating the Landscaping, Land Clearing, and Tree Protection Task Force. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to accept Deed from Christopher and Veronica Mitchell for transfer of right-of-way west of Cangro Street; and waive the environmental site assessment requirement. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to accept Easement from Cynthia and David Ramage for conveyance of fireline easement approximately .12 mile south of Lionel Road on the east side of U.S. 1 in Mims. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to accept Utility Easement from Cousins Properties, Inc. for Viera Market Center located off of Lake Andrew Drive, south of the Avenues. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to waive the 15-foot vegetative buffer tract and authorize the 15-foot drainage area be placed in easements on the lots with shrubbery and trees placed along the subdivision boundary for Mandalay Grove Subdivision. Motion carried and ordered unanimously.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to execute Contract for Sale and Purchase with Renee Lenz Horwitz to purchase six out parcels for Rodes Park at $25,000. Motion carried and ordered unanimously.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to execute Contract for Sale and Purchase with Virgil L. Schmidlen, Jr. to purchase an out parcel for Rodes Park at $6,500. Motion carried and ordered unanimously.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to execute Contract for Sale and Purchase with Eddie Carmichael to purchase an outparcel for Rodes Park at

$5,000. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution qualifying FYI Corporation as an eligible business under the County’s Tax Abatement Program; and authorize a public hearing to consider adopting an exemption ordinance on November 1, 2005. Motion carried and ordered unanimously.

Joe Ivison advised of problems with his neighbor’s Banyan tree and his efforts to maintain and protect his property and family; stated he wrote to Ms. Riggs in 2004 and explained his problem; she forwarded his letter to the County Attorney’s office; and such office sent him three or four court cases that said in the State of Florida he has no standing in a court of law and the courts will not look at tree disputes between neighbors as it would clog the judicial system.

Code Enforcement Director Bobby Bowen advised staff requested a legal opinion from the County Attorney’s office on how far the County could go with enforcement issues; an opinion was given years ago from Assistant County Attorney Christine Lepore stating it is a civil issue between the neighbors to rectify the problem; Mr. Ivison has a right to go to court; and when he spoke to Mr. Ivison, he was referring to Attorney Knox’s letter and Attorney Lepore’s opinion.

County Attorney Scott Knox stated his letter to the Board indicated Mr. Ivison could seek private legal counsel; and advised of Mr. Ivison’s ability to seek legal action or mediation if he desires.

The Board took no official action on the issue.

The meeting recessed at 11:41 a.m. and reconvened at 1:04 p.m.

Central Services Director Steve Stultz advised he reviewed the additional information submitted in the packet, and is not sure any of the information would change the recommendation staff has already provided to the Board.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to acknowledge protests from Signal 7 Transport and Spacecoast Removal Service, Inc. regarding award of

Proposal #P-5-05-33, Deceased Removal and Transport Services, to B&B Enterprise; approve the award as recommended; and authorize the Chairman to execute the Agreement with B&B Enterprise for the service. Motion carried and ordered unanimously.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution authorizing Stormwater Utility Director Ron Jones to act on the County’s behalf in condemnation proceedings regarding Barnes Boulevard Widening Project. Motion carried and ordered unanimously.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution authorizing Transportation Engineering Director John Denninghoff to act on the County’s behalf in condemnation proceedings regarding Barnes Boulevard Widening Project. Motion carried and ordered unanimously.

Ira Schwartz, representing Phantom Fireworks, requested the Board consider delaying permission to advertise a public hearing to consider an ordinance regulating the sale and use of fireworks and sparklers at least until the next Board meeting. He advised Phantom Fireworks and the industry has worked with counties and cities on issues of mutual concern and would like the opportunity in Brevard County to do the same, to solve problems and not put businesses out of business; it is a State issue, not a County issue; the proposed ordinance has left businesses out of the process completely; and this is not the American way.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing to consider an ordinance regulating the sale and use of fireworks Countywide for December 6, 2005. Motion carried and ordered unanimously.

Chairman Pritchard stated the item indicates, in accordance with the TDC’s operating procedures, in order to promote and encourage Brevard Cultural Alliance (BCA), Inc.’s eligibility to access grant funds, the TDC cultural events budget fund shall pass through the BCA’s general operating budget each fiscal year; and requested Kay Burk explain how it works.

Kay Burk, representing Brevard Cultural Alliance, Inc. stated because BCA is designated by the County to be the Arts and Cultural Affairs Agency serving Brevard County, it has a grant from the State, and is recognized by it as the Local Arts Agency for the County; the State requests the monies passed through the BCA as a part of its Local Arts Agency services; and the BCA acts as the pass-through Agency for that.

Chairman Pritchard noted the BCA is not a County department; with Ms. Burk responding that is correct. Ms. Burk advised the BCA is a private non-profit, 501(c)3 Internal Revenue Services (IRS) organization.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to approve open purchase order with Brevard Cultural Alliance in the amount of $197,793 to administer the cultural events grants for FY 2005-2006. Motion carried and ordered unanimously.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to approve the cultural events matching grants from the Tourist Development Council of $6,505 for Brevard Museum of Art and Science Event Marketing; $9,405 for Brevard Nature Alliance Birding and Wildlife Festival; $10,000 for 42^nd Annual Space Coast Art Festival; $9,000 for Valiant Air Command TiCo Warbird Air Show; $10,000 for Maxwell C. King Center Marketing Plan; and $10,000 for East Coast Zoological Society. Motion carried and ordered unanimously.

Chairman Pritchard advised of the possibility of using property on Adamson Road for a gun range through a public/private ownership; stated the Sheriff has reason to move out of the facility where he is; Adamson Road is somewhat centrally located and a desolate area; and the County has Comprehensive Plan issues to deal with.

Solid Waste Management Director Euripides Rodriguez stated the property in question is what used to be called the expansion area of the Central Disposal Facility (CDF); it is comprised of wetlands and highlands; the area is zoned residential; and when the County went through the process of getting the property rezoned to Governmental Use (GU), there was a requirement for a Comprehensive Plan change. He noted it went to the State one time; the State requested additional information regarding the wetlands; it is in the process of being done; and the County put a buffer area of the first 800 feet, with the ability to put in a road to a new scale house in the area that could be developed. He stated staff is looking at having the information ready in

February 2006; and after approval by the State, the County could go for rezoning and review options.

The Board reached consensus to direct staff to return with a report to determine if using property on Adamson Road for a gun range through a public/private ownership is worthwhile.

Upon motion and vote, the meeting adjourned at 1:40 p.m.

ATTEST: __________________________________

RON PRITCHARD, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

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SCOTT ELLIS, CLERK

(S E A L)