December 16, 2003

The Board of County Commissioners of Brevard County, Florida, met in regular session on December 16, 2003 at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chair Nancy Higgs, Commissioners Truman Scarborough, Ron Pritchard, and Susan Carlson, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: Commissioner Jackie Colon due to illness.

The Invocation was given by John C. Goldring, Spiritual Leader, Barefoot Bay, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve the Minutes of September 16, 2003 Regular Meeting, and September 23, 2003 Special Meeting. Motion carried and ordered unanimously.

REPORT, RE: ITEM VI.A.1., CONSIDERATION OF UNTIMELY REQUEST FOR VESTED
RIGHTS DETERMINATION OF COURTNEY ROBERTS

County Attorney Scott Knox advised the applicant asked that the item be continued pending a resolution of a jurisdictional issue; and he supports that.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to continue Consideration of the Untimely Request for Vested Rights Determination of Courtney Roberts until January 13, 2004. Motion carried and ordered unanimously.

REPORT, RE: ITEM III.D.1., ACKNOWLEDGE RECEIPT OF INTERNAL AUDIT WORK
PLAN

Commissioner Scarborough requested Item III.D.1., Acknowledge Receipt, Re: Internal Audit Work Plan, be pulled for discussion.

REPORT, RE: WORKSHOP WITH MYREGION.ORG COMMUNITY PEOPLE

Commissioner Scarborough stated it may be advantageous, sometime when the Board has a workshop, not scheduled separately, but to have people in the community who have been involved in the MyRegion.org Program come in for 15 or 20 minutes and share their views. He stated the Board has heard his views; and if that is possible, maybe the County Manager can arrange that with Dr. Duane DeFreese; Lynn Weaver, Past President of FIT; and Kay Burk.

Chair Higgs advised the Board has a goals workshop and it would seem appropriate to discuss it as a goal of how the Board wants to interface with MyRegion.org.

REPORT, RE: HOLIDAY TOY DRIVE

Commissioner Pritchard advised the County employee holiday toy drive is still in need of about 600 new toys for children, so if people want to make a child’s Christmas happier, they an drop their donations off at Housing and Human Services Department in Building B or any Commission Office before Friday. He stated they have reached the deadline but are still in need of more toys.

REPORT, RE: TELEPHONE SOLICITATION FROM SPACE COAST FIREFIGHTERS

Commissioner Pritchard advised last night he was subjected to a telephone solicitation for firefighters from the Space Coast Firefighters; and the caller misrepresented what the intent was for, who he was representing, and even said the money would go to Merritt Island Fire Department, which does not exist. He cautioned everyone if they should get phone calls from the Space Coast Firefighters, that represents a couple of fire departments, and choose to contribute, they should make sure they know who they are giving their money to. He noted it would be nice if the telephone folks knew what they were supposed to be saying instead of trying to coerce a few dollars out of the public.

REPORT, RE: BREVARD MUSEUM OF HISTORY AND SCIENCE

Commissioner Carlson advised Eva Schmidt-Algermissen has information in the lobby on the Brevard Museum of History and Science, and will make a short presentation to the Board.

Eva Schmidt-Algermissen, Director of Education at the Brevard Museum of History and Science, advised the Museum is located on Michigan Avenue in Cocoa on 26 acres of land across Clearlake Road from Brevard Community College campus. She stated it was founded in 1969 by 15 pioneering citizens to preserve the memorabilia and artifacts of the Indian River area for future generations; and over the years the one-room museum grew to 13,000 square feet of buildings they have today. She stated they are short on staff and have a lot to do; it is busy at the Museum every day; they work on projects constantly, write grants, and attend outreaches and meetings in the community; develop new educational programs, do fundraisers, organize and catalog artifacts, acquisitions, and collections, making them more accessible for study or public display; and they redesign the rooms and exhibits. She stated they work with Brevard Community College’s Internship Program that involves students in the museum field; and they do a lot more. Ms. Schmidt-Algermissen stated every aspect of the Museum is being updated from the education programs to the buildings themselves; the Discovery Gift Shop is having a Christmas sale; and they stock their inventory with items relating to the Museum’s mission statement, which make great stocking stuffers and holiday presents. She stated Assistant Director Mary Kim Brown started a youth group called the Awesome Armadillos that meets bimonthly and will partake in the Cocoa Beach Christmas Parade on December 13, 2003; she is trying to get new school programs for Brevard County students so they do not have to go to Orlando; the students and teachers prefer to go to Cocoa rather than Orlando; and in January she wants to get the nature walks started until it gets too hot. She stated they have 22 acres of nature trails and she has not seen them in a couple of months; they used to have a lot of docents, but their docent list is dwindling; however, they get new volunteers every day from friends helping out. Ms. Schmidt-Algermissen stated their future plans are to be the main attraction for families, educators, students, and visitors; major renovations and updates are in the future for the main buildings as part of their accreditation process; and in the near future they are going to build a replica of the Florida Cracker Cowboy House, which will be part of the Circle of Science tours. She stated their hopes and dreams are aimed high as they anticipate great things for Brevard Museum of History and Science; and she will be in the lobby if there are any questions.

Commissioner Scarborough suggested a phone number for volunteers; with Ms. Schmidt-Algermissen responding (321) 632-1830, and they are open 361 days of the year.

REPORT, RE: ITEM III.D.4., REVISED POLICY ON DISPLAYING THE FLAG

Commissioner Carlson advised Item III.D.4., is to approve the revised Policy B C C-60, Displaying of U.S. Flag at Half-staff; she got emails from Mr. Jenkins regarding the execution of the policy and wanted to mention that there is a Marine Corps Colonel who calls her office every year complaining about how the County puts its flags up; and she wants to make sure he is happy this year on Memorial Day specifically, because that is when he calls. She stated the flags have to go up simultaneously at Sunrise and come down at noon; and as long as it will be executed like that, she will be happy and he will be too.

RESOLUTION, RE: CONGRATULATING JAREE HULSE

Commissioner Pritchard advised there was an article in the paper last month on a nurse awarded for her work of love; it talked about all the wonderful things Jaree Hulse has done; and she is now Florida’s Nursing Assistant of the Year. He stated it was quite an achievement and he wants to recognize her on behalf of the County. He stated her husband is James, and children are Diane, Amanda, and Richard; Diane works at St. Jude’s Hospital in Nashville; son Richard works at United Space Alliance at Kennedy Space Center; and Amanda works at Island Barbecue, where he likes to go. He stated she loves cats and crocheting; and Leslie Williams, Chief Administrator of Health Center of Merritt Island is also here. Commissioner Pritchard read the resolution recognizing Jaree Hulse as the State’s Nursing Assistant of the Year.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution congratulating Jaree Hulse for being selected as Florida’s Nursing Assistant of the Year. Motion carried and ordered unanimously.

Commissioner Pritchard presented the Resolution to Ms. Hulse. Chair Higgs stated the Board is supportive of what Ms. Hulse has done and is glad she lives in Brevard County. Ms. Williams advised Jaree is a fine example of what Brevard County has to offer in health care; she has committed herself over the years; and it is her pleasure and honor to have her as an employee. She stated she is an excellent representative of health care and what their facility is about.

RESOLUTION, RE: CONGRATULATING JAMES E. HATTAWAY

Commissioner Scarborough read aloud a resolution congratulating James E. Hattaway on his appointment as Associate Director of Kennedy Space Center.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution congratulating James E. Hattaway on his appointment as Associate Director of Kennedy Space Center, and wishing him success in his new assignment. Motion carried and ordered unanimously.

Commissioner Scarborough presented the Resolution to Mr. Hattaway who advised it is a pleasure to live and work in Brevard County; he came here 28 years ago and does not intend to leave; both of his children are employed with the Brevard County School System; and on behalf of Jim Kennedy and Kennedy Space Center, he thanks the Board. Chair Higgs stated it is great to have the leadership of the Space Center join the Board at the last several meetings; the Board appreciates all that they do and their taking time to bring the Board into the loop because Kennedy Space Center is so much a part of the County. Mr. Hattaway stated there is a true spirit of cooperation, not only within the County, but within the State and national representatives; and they appreciate the support they get from the community.

RESOLUTION, RE: RECOGNIZING FLORIDA METROPOLITAN UNIVERSITY

Steve Wall, Director of the Film Video Department of Florida Metropolitan University, and Edward Allen, student at FMU, introduced themselves.

Commissioner Pritchard read aloud a resolution recognizing Florida Metropolitan University as a community resource in producing award-wining filmmakers.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution recognizing Florida Metropolitan University as a community resource in producing award-winning filmmakers. Motion carried and ordered unanimously.

Commissioner Pritchard presented the Resolution to Steve Wall, who thanked the Board and Commissioner Colon; and stated they are proud of the work the students have done. County Manager Tom Jenkins advised they did the School Board/City Summit. Mr. Allen thanked the Board for the opportunity to serve the public; and stated it was enjoyable.

RESOLUTION, RE: HONORING SANDY CRAWFORD

Chair Higgs advised former Clerk of the Courts Sandy Crawford died on November 30, 2003, and she would like to read a resolution, which she will present to his family later. She read the resolution advising of Mr. Crawford’s many accomplishments and recognizing his tireless efforts and contributions to the community.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution honoring the contributions of Raymond Sandy Crawford and recognizing his tireless efforts to enhance the quality of life in Brevard County. Motion carried and ordered unanimously.

EXTENSION OF TIME FOR SITE PLAN ACCESS REQUIREMENTS, RE: WALKABOUT
PUD - MILLENNIUM DEVELOPMENT GROUP

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to extend the time for Millennium Development Group to provide access for Walkabout PUD from January 28, 2004 to July 28, 2004. Motion carried and ordered unanimously.

CONTRACT WITH SUMMERS CREEK COMMUNITY DEVELOPERS, INC., RE:
IMPROVEMENTS IN SUMMERS CREEK, PHASE 2

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to execute Contract with Summers Creek Community Developers, Inc. guaranteeing improvements in Summers Creek, Phase 2. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: SONOMA SOUTH, PHASE 4

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to grant final plat approval for Sonoma South, Phase 4, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVAL, RE: THE PRESERVE
AT LONGLEAF ROAD

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to grant final engineering and preliminary plat approval for The Preserve at Longleaf Road, subject to minor changes as applicable and developer responsible for obtaining jurisdictional permits. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE #57-2003 FROM CITY OF COCOA,
RE: ANNEXATION ALONG COX ROAD

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to acknowledge receipt of Ordinance #57-2003 from the City of Cocoa, annexing approximately 212 acres along the east and west sides of Cox Road. Motion carried and ordered unanimously.

RESOLUTION, JOINT PARTICIPATION AGREEMENT, AND MAINTENANCE AGREEMENT
WITH DEPARTMENT OF TRANSPORTATION, RE: LANDSCAPING ALONG SR 405

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt Resolution, and execute Joint Participation Agreement and Maintenance Agreement with Florida Department of Transportation for landscape improvements along SR 405. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH CITY OF PALM BAY AND APPROVAL OF
PAYMENT, RE: MOWING MAINTENANCE ON MINTON ROAD

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to execute Amendment to Interlocal Agreement with the City of Palm Bay for mowing grassed or vegetated medians and roadside shoulders; and authorize payment of $5,800 semi-annually to the City for the service. Motion carried and ordered unanimously.

APPROVAL, RE: LABOR AND EQUIPMENT FOR ROADWAYS AND LANDSCAPING
COUNTYWIDE CONSTRUCTION PROJECTS

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve adding finished grade operator, heavy equipment operators I and II, and automotive equipment operator II to the Countywide Road Construction Crew; grant permission to accept formal bids/quotes and award bids/quotes for monthly leasing of 12H CAT grader and 950 CAT front-end loader or equivalent for 24 months; approve the purchase of a crew cab truck; and authorize necessary budget change requests. Motion carried and ordered unanimously.

CERTIFICATION, RE: BREVARD MPO/COUNTY STAFF SERVICES AGREEMENT

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to execute Certification of the Staff Services Agreement dated December 15, 1992 with Brevard Metropolitan Planning Organization (MPO), extending the term through December 31, 2004. Motion carried and ordered unanimously.

REQUEST FOR PROPOSALS, RE: DEVELOPMENT OF BREVARD COUNTY
TOURISM STRATEGIC BUSINESS PLAN

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to authorize advertising request for proposals for development of a comprehensive tourism strategic business plan; appoint Tourism Development Director, an Assistant County Manager, and an Assistant County Attorney to the negotiating committee; and authorize the Chair to execute the Contract. Motion carried and ordered unanimously.

AGREEMENTS, RE: TDC CAPITAL FACILITIES MATCHING GRANTS

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to execute Agreements with the City of Palm Bay for $45,000 for Liberty Park Softball Complex; Brevard County School Board for $60,419 for installation of Astronaut High school all weather track; Brevard Community College Planetarium for $49,200 for renovations to support corporate meeting space and video and digital audio system; Space Walk of Fame for $40,000 for four bronze panels for the Apollo Historic Exhibit; and Honor America, Inc. for $5,381 for Liberty Bell Museum addition, and renovation of roof and entrance. Motion carried and ordered unanimously.

RESOLUTION AND JOINT PARTICIPATION AGREEMENT WITH DEPARTMENT OF
TRANSPORTATION, RE: ENHANCED SECURITY REQUIREMENTS

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt Resolution and execute Joint Participation Agreement with Florida Department of Transportation for funding of operational and maintenance costs to comply with enhanced federal security requirements and address related economic impacts from events of September 11, 2001. Motion carried and ordered unanimously.

AGREEMENT WITH 211 BREVARD, INC., RE: INFORMATION AND REFERRAL SERVICES

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to execute Agreement with 211 Brevard, Inc. for $50,000 to provide information and referral services; and authorize the Chair or designee to execute subsequent yearly renewal contracts contingent upon approval of the County Attorney and Risk Management along with budget approval.

APPROVAL OF REQUEST FOR PROPOSALS, RE: CONDITIONAL AWARDS TO
DEVELOPERS PURSUING LOW-INCOME HOUSING TAX CREDITS

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to grant permission to advertise request for proposals for developers pursuing low-income housing tax credits from Florida Housing Finance Corporation in the upcoming March 2004 universal application cycle; and designate Nancy Hewell-Vincent, Michael McDonald, and Chenita Joiner as the Review Committee. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: AFFORDABLE HOUSING COUNCIL,
CDBG ADVISORY BOARD, AND COMMUNITY ACTION BOARD

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to appoint or reappoint Larry Chancey, Kimberly Turner, George Alberts, Anna Grau, Suzan Baiocco, Janet Lamont, George Palmer, John Saxton, and Laura Ward to the Affordable Housing Council, with terms expiring December 31, 2004; Wade Ivey and Scott Baker to the Community Development Block Grant Advisory Board, with terms expiring December 31, 2004; and Benjamin Cain to the Community Action Board, with term expiring December 31, 2006. Motion carried and ordered unanimously.

APPROVAL, RE: 2004 LIBRARY SYSTEM HOLIDAY SCHEDULE

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve the 2004 Library System holiday schedule, with all day closures on April 11 for Easter Sunday, July 4 for Independence Day, and December 25 and 26, for Christmas. Motion carried and ordered unanimously.

APPROVAL, RE: CHILDREN’S INTRODUCTORY LIBRARY CARD

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve an introductory library card for children with restrictions of no fines or fees, only one book checked out at a time, no materials of any other type allowed, only juvenile titles checked out, and no titles which cost over $20.00 allowed. Motion carried and ordered unanimously.

PERMISSION TO AWARD CONSTRUCTION OF CROSSOVERS, RE: JUAN PONCE
DELEON LANDING PARK

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to waive formal bid requirements and award construction of crossovers at Juan Ponce de Leon Landing Park to SLM Services, Inc. at not to exceed $80,000. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING GRANT APPLICATION FOR EMERGENCY
MEDICAL SERVICES

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt Resolution authorizing Emergency Medical Services to apply for and accept State grant and disperse funds as directed by the EMS Advisory Council. Motion carried and ordered unanimously.

APPROVAL OF APPOINTMENTS, RE: EMS ADVISORY COUNCIL

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to appoint or reappoint Barbara Ake, Robert Armstrong, Loretta Bowers, Mark Clemens, Nancy Fazio, Gene Harrell, Fran Jastrzemski, Susan Key, Alex Krakun, Tim Matson, Lisa Moore, Bruce Olsen, Brenda Sabbag, Nancy Smith, Lori Switzer, and Judy Tucker to the Emergency Medical Services Advisory Council with terms expiring December 31, 2004. Motion carried and ordered unanimously.

APPROVAL OF LETTER, RE: CEASE COORDINATION OF MEDICAID NON-EMERGENCY
TRANSPORTATION PROGRAM

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to authorize the Chair to sign a letter to the Agency for Health Care Administration advising that Brevard County is providing a 30-day notice that it will no longer coordinate the Medicaid Non-emergency Transportation Program effective February 1, 2004. Motion carried and ordered unanimously.

APPROVAL, RE: FY 2004 CERTIFICATIONS AND ASSURANCES FOR FEDERAL
TRANSIT ADMINISTRATION GRANTS

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to authorize the Chair to sign the Fiscal Year 2004 Certifications and Assurances for Federal Transit Administration grants to operate the Space Coast Area Transit (SCAT) public transportation system in Brevard County. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH TOWN OF PALM SHORES, RE: DISTRIBUTION
OF TRAFFIC CITATION REVENUES

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to execute Interlocal Agreement with Town of Palm Shores for distribution of traffic citation revenues to the County for Fiscal Year 2004-05, prior to the Town being included in the Law Enforcement Municipal Service Taxing Unit. Motion carried and ordered unanimously.

REAPPOINTMENTS, RE: EDUCATIONAL FACILITIES AUTHORITY

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to reappoint Philip Nohrr, Roberta Bechtel, Joy Gilliland, William Potter, and Pamela Gatto to the Brevard County Educational Facilities Authority with terms expiring December 31, 2004. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-60, RE: DISPLAY OF UNITED STATES
FLAG AT HALF-STAFF

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve revised Policy BCC-60, establishing criteria for displaying the United States flag at half-staff. Motion carried and ordered unanimously.

PERMISSION TO USE JOB ORDER CONTRACT, RE: CONSTRUCTION OF MODULAR
AMBULANCE AT STATION #23 IN TITUSVILLE

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to authorize staff to use its Job Order Contract for construction of a modular ambulance station to replace Station #23; authorize the Chair to sign all associated contracts; and approve the modular building and any related items be funded from the Emergency Medical Services Reserves up to $154,500. Motion carried and ordered unanimously.

PERMISSION TO USE JOB ORDER CONTRACT, RE: REPLACEMENT OF KITCHEN
FLOOR AT BREVARD COUNTY DETENTION CENTER

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to authorize staff to use Board-approved Job Order Construction Method for replacement of kitchen flooring at Brevard County Detention Center at estimated cost of $55,000; and authorize the Chair to sign all associated contracts. Motion carried and ordered unanimously.

AMENDMENTS NO. 1 TO AGREEMENTS WITH ARCHITECTS IN ASSOCIATION ROOD
& ZWICK, INC. AND STOTTLER STAGG AND ASSOCIATES, INC., RE: CONTINUING
ARCHITECTURAL AND ENGINEERING CONSULTANT SERVICES

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to execute Amendments No. 1 to Agreements with Architects in Association Rood & Zwick, Inc. and with Stottler Stagg and Associates, Inc., to provide continuing architectural and engineering consultant services and increase their standard hourly rates. Motion carried and ordered unanimously.

REQUEST FOR EXTENSION OF TIME, RE: REPORT ON FLORIDA POWER & LIGHT
COMPANY AND RELIANT ENERGY POWER PLANTS

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to extend the time to February 10, 2004 for the County Attorney to prepare a report concerning Florida Power & Light Company and Reliant Energy Power Plants; and authorize the County Attorney to contact experts knowledgeable in the area of power plant technology. Motion carried and ordered unanimously.

CHARTER REVIEW COMMISSION’S REQUEST, RE: IMPANELMENT OF LEGAL
EXPERTS TO REVIEW PROPOSED CHARTER AMENDMENTS

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve the request of the Charter Review Commission for impanelment of legal experts to review proposed Charter amendments prior to the April 2004 hearings. Motion carried and ordered unanimously.

LEGISLATIVE INTENT AND PERMISSION TO ADVERTISE PUBLIC HEARING, RE:
ORDINANCE AMENDING SECTION 118-1, DEFINITION OF LIMOUSINE-VANS

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve the legislative intent and grant permission to advertise a public hearing to consider an ordinance amending Section 118-1, Definition of Term Limousine-vans. Motion carried and ordered unanimously.

STIPULATION OF INJUNCTION, ORDER APPROVING STIPULATION AND GRANTING
PERMANENT INJUNCTION, AND WAIVER OF COSTS, RE: BREVARD COUNTY v.
DOMINICK MATALONE, SR., DOMINICK MATALONE, JR., AND MARY MATALONE

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to authorize the County Attorney to enter into a Stipulation for Injunction and Order Approving Stipulation and Granting Permanent Injunction in the Brevard County v. Dominick Matalone, Sr., Dominick Matalone, Jr., and Mary Matalone Case No. 05-2003-Carlson-065250-XXX for Code violations on their property; and waive costs pertaining to the case. Motion carried and ordered unanimously.

APPROVAL, RE: BAD DEBT WRITE-OFF

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve write-off of various uncollectible receivables identified by County Departments totaling $48,140.22. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to appoint/reappoint Joseph Jenkins, Linda Madyda, Clara Mutter, and Denise Van Cleef to the Animal Enforcement Dangerous Dog Hearing Council, with terms expiring December 31, 2004; David Bunker, Bob Gabriel, Susan Martin, Sandy Sevigny, Josiah Snodgrass, and Mary Wilson to the Arts in Public Places Advisory Committee, with terms expiring December 31, 2004; Pam Acevedo to Beach Erosion Control Advisory Committee, with term expiring December 31, 2004; Joan Madden, John Potomski, Jr., Christine Schnitzer, Joseph Steckler, and Carol Waters to the Brevard Commission on Aging, with terms expiring December 31, 2004; Maria Apolinaris, Barbara Barnett, Mary Bonhomme, Cindy Flachmeier, Beverly Jones, Paula Krist, Peggy Moore, Rosemary Munzenmayer, Enid Naranjo, and Catherine Stanton to the Brevard County Commission on the Status of Women with terms expiring December 31, 2004; Ed Fleis and Fran Wales to the Building and Construction Advisory Committee, with terms expiring December 31, 2004; Cannon Kite-Powell and Patsy Shearer to the Central Brevard Library and Reference Center Advisory Board, with terms expiring December 31, 2004; Robert Klaus, Randy Rodriguez, Dale Young, and Kim Zarillo to the Citizen Budget Review Committee, with terms expiring December 31, 2004; Tony Boyles, Fannye Faye Johnson, and Gertrude Montgomery to the Community Action Board, with terms expiring December 31, 2004; Juanita Barton, Edward Buckner, and Phyllis McCullers to the Community Development Block Grant Advisory Board, with terms expiring December 31, 2004; Charles Budreaux, Pete Cario, John Nast, Ann Nicol, Jerry Phillips, John Radencic, Leon Tucker, Todd Turner, Michael Wiedmann, and Nick Witek to the Contractors Licensing Board, with terms expiring December 31, 2004; Ronald Bobay, Liz Lackovich, Sid LaDow, Cheryl Lawson-Young, and Ruth Santomassino to Country Acres Advisory Board, with terms expiring December 31, 2004; Anselmo Baldonado, Albino Campanini, and Ron Cobb to the Economic Development Commission of the Space Coast, with terms expiring December 31, 2004; Liz Alward, Rene Davis, Evelyn Guadalupe, Mary Redmond, and Yvette Torres to the Employee Benefits Advisory Committee, with terms expiring December 31, 2004; Rich Gramling, Priscilla Griffith, Sharon Savastio, Diane Stees, and Kim Zarillo to the Environmentally Endangered Lands Procedures Committee, with terms expiring December 31, 2004; Cameron Donaldson, Mary Beth Hinshaw, Brooks Humphrys, and Gerald Lafferty to the Extension Advisory Council, with terms expiring December 31, 2004; Jim Ball, Ed Bradford, Jim Culberson, Roz Foster, Bob Gross, David White, Elaine Liston, Barbara McClure, Ada Parrish, David Paterno, Karen Raley, and Yvonne Shingler to the Historical Commission, with terms expiring December 31, 2004; Joe Mayer, Maureen Rupe, and Kim Zarillo to the Land Development Regulations and Procedures Evaluation Committee, with terms expiring December 31, 2004; Kawohl Fritz, Susan Margaritondo, Shelly Kinner, and Fernanda Safarik to the Library Board, with terms expiring December 31, 2004; Mike Cunningham, Gary Hanlin, Tom McGill, Wayne Mozo, Al Pappas, and Troy Rice to the Marine Advisory Council, with terms expiring December 31, 2004; Samuel Del Rio, Chris Fenton, Roger Probst, and Marilyn Washburn to the Medical Services Review Committee, with terms expiring December 31, 2004; Karen Greer, Lynn Normile, and Ann Sepri to the Melbourne Beach Public Library Advisory Board, with terms expiring December 31, 2004; John Divivo to the Melbourne-Tillman Water Control District Board, with term expiring

September 30, 2006; Eddie Carr, Jr., Bonnie Decaro, Clarence Mills, Tibby Parker, Robert Preikschat, Ayn Samuelson, Sharon Savastio, and Howard Wolf to the Metropolitan Planning Organization Citizens Advisory Committee with terms expiring December 31, 2004; William Jewell, Tom Kreuzinger, Laurenzia Lewis, Susan Loftis, and Robert Smith to the Mims/Scottsmoor Public Library Advisory Board, with terms expiring December 31, 2004; Ken Carlson and Gigi Henkel to the North Brevard Commission on Parks and Recreation, with terms expiring December 31, 2004; Gail Ratliff to the North Brevard Library District Board with term expiring December 31, 2004; Arthur Priep to the Onsite Sewage Disposal Variance Board, with term expiring December 31, 2004; Dudley Anderson, Clifford Barber, Jr., and Janet Laimont to the Palm Bay Regional Park Advisory Committee, with terms expiring December 31, 2004; John Corelli, Mary Geoltz, Brian Hurley, Jerry Jagrowski, Mary Ann Kise, Mike Stieber, Robin Tibbitts, and Ted Whitlock to the Parks and Recreation South Service Sector Area Advisory Board, with terms expiring December 31, 2004; Johnny Diggs, Cleave Frink, Oscar Gamboa, Jack Houts, Sheila Hutcheson, and Bonnie Will to the Personnel Council, with terms expiring December 31, 2004; Eddie Carr, Ed Coburn, Edwina Davis, Dan Faden, Jerry Jagrowski, Kathryn Kowalski, Ron McLellan, Beverly Pinyerd, Matt Sokoloski, Suzanne Valencia, and Kim Zarillo to the Planning and Zoning Board, with terms expiring December 31, 2004; Constantine Daniel, Helen Dezendorf, Pamela Ferraro, and Maureen Rupe to the Port St. John Public Library Advisory Board, with terms expiring December 31, 2004; Marty Brown, Steve Fleming, Luis Guadalupe, Ginny Mack, and Clarence Mills to the Public Golf Advisory Board, with terms expiring December 31, 2004; Ken Black, Flo Canham, Phyllis McCullers, Scott McCullers, Bruce McMann, and Jeanne Osborne to the South Mainland Community Center Citizens Advisory Board, with terms expiring December 31, 2004; Joyce Bent, Marie Bergamini, Laurie Chase, Mike Cunningham, Joan Lewis, Frances Salerno, and Loretta Surface to the South Mainland Library Advisory Board, with terms expiring December 31, 2004; Frank Kinney to the Spaceport Commerce Park Authority, with term expiring December 31, 2004; Mary Ann Beasley, Jerry Jagrowski, Mark Leslie, John Lewis, Mike Malone, Charles Manning, Audrey Nassen, Warren Price, Harrison Rhame, and Herb Richter to the Suntree-Viera Parks Committee, with terms expiring December 31, 2004; June Baker, James Gould, Rochelle Kenyon, Terry Kotzen, Dot Lawless, and Donald Mandery to the Suntree/Viera Public Library Advisory Board with terms expiring December 31, 2004; Tom Stevenson and Dan Overstreet to the Surface Water Improvement Advisory Board, with terms expiring December 31, 2004; Raymond Cook, Robert Doucette, Dan Faden, Robert Griffin, Jim Ray, Janis Walters, and Del Yonts to the Valkaria Airport Advisory Board, with terms expiring December 31, 2004; Carlos Colon, Frank Kunze, and Garrett Pomichter to the Veterans Memorial Park Advisory Board, with terms expiring December 31, 2004; Sondra Ball, Ed Dean, Marisa McGill, Malcolm Mansfield, Gordon Prentice, Dale Young, Marie Bergamini, and Howard Wolf to the Zoning Board of Adjustment, with terms expiring December 31, 2004; Nelle Ayres, Stephanie Eley, Marian Hughes, and Hal Rose to the West Melbourne Public Library Advisory Board, with terms expiring December 31, 2004; and Richard Butler, John Corelli, Eleanor Munton, and Ollie Olsen to the Wickham Park Advisory Committee, with terms expiring December 31, 2004. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve the bills and budget changes as submitted. Motion carried and ordered unanimously.

APPROVAL OF LEASE AGREEMENT BETWEEN SHERIFF AND BAREFOOT BAY
RECREATION DISTRICT, RE: SHERIFF’S COMMUNITY SUBSTATION

Mike Cunningham of Micco advised he is rising in objection to the lease agreement based on several points; the Agenda item specifically says, “Barefoot Bay community substation will provide enhanced law enforcement services to the citizens of the Barefoot Bay community. The establishment of this substation is consistent with contemporary community policing standards and practices.” He stated they find that statement a little bit vague; it lends itself to a perception that one subdivision out of 12 is being afforded its own police operation, especially when they realize the one subdivision has restrictions in and out of the place; and that is a sticky point. He stated the zone the community is involved in is the largest zone that the Sheriff has; it covers all the way from Valkaria south to the Indian River County line; and if they took all the people into consideration, they would have a total population of approximately 35,000 people in that area. He stated within the next five years they will definitely have five and possibly six large developments, five of which are on the boards now; and with that in mind, to move the substation into a deed-restricted or isolated community is not centrally locating it for the five-year period. Mr. Cunningham stated the Sheriff’s substation at this time is located inside of a County-owned building; there is 24-hour coverage with personnel in that building, which lends itself toward a greater sense of security; they know the area is small at the present location, but they feel because of the transient nature of the deputies in and out of there, they are not sitting in the station and are out on the streets where they should be; so why go into a larger facility seems to be a moot question. He stated they heard figures in the past several weeks or month that it is going to cost the taxpayers of Brevard County anywhere from $5,000 to $20,000 by moving the substation; all the taxpayers of the County are going to have to take on that burden; and at the present time, they are not faced with that dilemma. Mr. Cunningham stated the lease agreement says that the lessee shall not leave the leased premises unoccupied or vacant for an extended period of days; presently they do not have to worry about that because the premises are occupied by either the deputies, citizen patrol, or Brevard County Fire Rescue; and they are there 24 hours a day. He stated the thing that concerns them is that they are going to be faced with electrical, water, sewer, garbage, and telephone service costs, which they are not paying at this time; and that will add an additional burden, so they do not think it is right.

Jeanne Osborne of Barefoot Bay advised her good friend from Micco, Mike Cunningham, did not tell the Board that for years they have been trying to secure space in the small community known as Micco; they recognize that Barefoot Bay is part of the unincorporated area of Micco; however, they are 9,000-plus in population, and therefore represent the largest dense population of that area. She stated she heard some things that are not accurate; there are deputies present to answer any questions the Board may have; and the Sheriff’s Department has looked over the area and what was offered, and said they would like to come into the small portion of the building owned by Barefoot Bay. She stated they are looking forward to their presence and feel it is needed; the move is less than a mile down the road, so there are no big changes being made; and the fire Department would like to have that small space back for its use. Ms. Osborne stated Barefoot Bay is a deed-restricted community, but streets are County-owned; it is open to the public with certain restrictions as most deed-restrict communities are; therefore, she would ask the Board to accept the lease.

John Lochmandy of Barefoot Bay advised early in 2003, Barefoot Bay began experiencing a great deal of vandalism, robberies, and harassing of residents; the citizens formed a task force to see if they could find ways to solve those problems; and one of the things they did was to ask their community manager to talk to the Sheriff and see if he could help them out. He stated Sheriff Williams sent them Deputy Hester, who has been there since and has become an integral part of the community; one of the suggestions Deputy Hester made to the task force was to relocate the substation a little closer to the center of town; and their village and the location is in the small shopping center, which has experienced a number of break-ins. He stated another thing that happened recently is their bank was robbed at gunpoint; the bank is located directly across from the proposed location for the new substation; and it is their feeling that if the Sheriff’s cars had been there and a deputy on duty at the substation or even the COPS patrol, it may have warded off the robbers. Mr. Lochmandy stated another use for the proposed substation is for the COPS citizen patrol to operate out of and be there in case someone needs to come into the storefront with a problem and report it, which they cannot do now; the substation that is on the fire department property is so small and full of desks and equipment the three people there cannot even turn around; so Barefoot Bay has offered the space at no charge except the utilities and feels it would be very beneficial to the community and help them keep a handle on crime.

George Theriault of Micco advised the liability insurance is $500,000 an occasion and $1 million for more than one occasion; in Barefoot Bay, the waiver of immunity is limited to $100,000 on any claim; and inquired if that means they have to pick up the liability if someone is injured on that property. Chair Higgs advised the County Attorney will get that answer for Mr. Theriault. Mr. Theriault stated it says in and about the property; and inquired how far away from the property does a person have to be if he is injured in order for the County to pick up the liability. He inquired if it will affect what the Sheriff’s Department has with Cape Canaveral and with Port Canaveral, as they are special taxing districts.

County Manager Tom Jenkins advised he is not aware of any connection or relationship between the purchase of service Agreements with Port Canaveral and Cape Canaveral and the leasing of space in Barefoot Bay by the Sheriff’s Department, as they are separate issues.

Deputy Hester stated it was his suggestion to move the substation for more room; it will force deputies to drive into the community and stay in the area; right now they stay north of Malabar Road; and the people are not getting the coverage they deserve. He stated that is what they are working on, and they need the Board’s help.

Commissioner Carlson inquired if that means there will be additional manpower; with Deputy Hester responding he covers Barefoot Bay; it cuts the 75 zone man loose to cover Micco next to the County line; and the deputies down there appreciate what he is doing because it gives them time to patrol over areas other than Barefoot Bay. Commissioner Carlson inquired if the new location is more centrally located to the major population in the area; with Deputy Hester responding it is dead center. Commissioner Carlson inquired what is the distance from where the substation is and where it will be in Barefoot Bay; with Deputy Hester responding the response time from the substation in Micco Fire Department to the Micco area and around Fleming Grant is the same and there will be no difference in response time. Commissioner Carlson inquired how much cost will the Sheriff incur for utilities, and are there other costs; with Deputy Hester responding the only cost is the utilities. Commissioner Pritchard inquired if the Sheriff is able to absorb that cost in his budget; with Deputy Hester responding he cannot answer that because he does not know.

Chair Higgs inquired if it will be about a half of a mile when moved from the Fire Station to the Barefoot Bay location; with Deputy Hester responding it will be roughly a mile and a half west; it will give them two exits out of the community; Lark Drive and Midway go straight to Micco Road and right to Fleming Grant Road; so if a train is blocking U.S. 1, they can still get to south Micco. He stated it also puts them out on Babcock Street a lot easier; and there are two banks and a shopping plaza that have been broken into in that area.

Commissioner Pritchard inquired how many deputies provide service to that area; with Deputy Hester responding right now they have one in 75 zone and one in 74 zone. Commissioner Pritchard inquired if they both come out of the substation; with Deputy Hester responding they come from the South Precinct on Nieman Road. Commissioner Pritchard inquired if that is a mile and a half away; with Deputy Hester responding no, the substation in the fire station is not manned; and deputies go there to use the phone, but do not sit in there, just as they are not going to sit in the other substation. Deputy Hester stated they have a lot of COPS in there also; women have to go to the fire station to use the facilities because there are no facilities in the building; and they are trying to move them and give them a bathroom to use in the same facility. He stated it also puts them in a central area so if anybody has a complain, they will have COPS man the station from 8:00 a.m. to 5:00 p.m.; he has a lot of volunteers; if someone has a problem, he or she can come to the substation and notify the Sheriff’s office; and they can respond to them a little faster. Commissioner Pritchard inquired if it will free up space at the fire station; with Deputy Hester responding yes; and he talked to the Volunteer Fire chief who said he needs the space because he does not have enough room for his volunteers; and they are sleeping on the floor. Deputy Hester stated rumor went around that they were being kicked out; that is a false rumor; they have not been asked to leave; and they are trying to work with everybody in the community.

Assistant Finance Director for the Sheriff’s Department Denise Postlethweight advised the space at the Port is provided; the Sheriff does not pay a lease for that; and they can absorb the minimal utility costs for the Barefoot Bay substation.

County Attorney Scott Knox advised the question was who would be responsible if something happened because of the liability coverage; and the answer is the Sheriff would be responsible for anything that he takes care of on the leased property. He stated the landlord could be sued also; and the County will eventually have to pay the bill for the Sheriff if he is found liable for something over the limits of the policy. He noted ultimately they would go after the County because the County has to pay the bill for the Sheriff. Chair Higgs inquired if that is different from other stations; with Mr. Knox responding he does not think it would be different anywhere the Sheriff’s Department occupies property. Chair Higgs stated so there is no net change in the County’s liability; with Mr. Knox responding that is right.

Chair Higgs advised the coverage in the South County area is a concern regardless whether it is in one location of the other; in this case, the fire station is in the subdivision of Barefoot Bay and both are in the community of Micco; and they are on public roads, so there is no question of public access. She stated Mr. Cunningham brought up some interesting questions about who it serves; it clearly serves the community of Micco, not one subdivision; that was an unfortunate reference, because they know it is serving the community of Micco; but she has concerns about a substation being without personnel and being labeled as a substation anywhere in the County. She stated she would like to get the Sheriff to look at that issue because if it is called a substation, it would have a sign, and there will be an assumption by the public that there will be personnel in there. She stated that is an issue the Board needs to look at beyond this issue. Chair Higgs advised the Recreation District, which is a publicly elected body, has put forth a low-cost lease with the County assuming responsibility for a couple of items in this case; it will benefit the volunteers who will have additional space; so she would support the lease.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve a Lease Agreement between Barefoot Bay Recreation District and the Brevard County Sheriff for location of a substation in Barefoot Bay. Motion carried and ordered unanimously.

Chair Higgs requested authorization to send a letter to the Sheriff on labeling of substations; and by consensus the Board granted her the authorization as requested.

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVAL, RE: CAPRON RIDGE,
PHASES 1, 2, AND 3

George Harris of Melbourne, resident of Indian River Colony Club (IRCC), advised the property is at the end of the proposed wall that will divide the IRCC from Capron Ridge; they have questions regarding the interface of the 25-foot vegetative buffer along Goldrush Avenue with the 15-foot buffer east of the wall; and Goldrush Avenue is to the north of the area he described. He stated in the Binding Development Plan dated September 2003, Items 2.a.b. and 5 define clearly the way that the buffer zones are to be provided; however, they have yet to find how those buffer zones are to be implemented at the corner. He stated the corner brings together a lot on Patriot Drive, his lot, a lot that faces Patriot Drive and Goldrush Avenue, and properties on Goldrush Avenue with lots in Capron Ridge; and the diagrams show how the lots are to be allocated, but it has not yet defined how the implementation of the buffer is going to take place. He stated he is getting questions from various residents along Goldrush Avenue and Patriot Drive, including his wife, of how many trees, where, and what; he is sure Mr. Fleis has it truly defined; but they need to see something that shows them how he will interface it. He stated if Mr. Fleis can provide that, they would have no further questions except where the 40-foot tower that has been identified on the developer’s property is going to be located.

Commissioner Carlson requested Mr. Fleis address the issues raised by Mr. Harris.

Ed Fleis advised all along their north property line is a common tract; there are no residential lots that back up directly to their north property line; on their west property line are lots on Patriot Drive; then the lots going north come off at an angle, and so they have a common tract. He stated they have set aside the 25-foot tract and a wall that would go within ten feet of the property line; it is in their plans and they have agreed to do it; however, in any situation there will be additional issues they may have to address along the property line; but the residents want to know what they are going to do with the wall. He stated as they look at the field conditions, they can better address it at that time; they are doing everything they agreed to do; and it was not an item that came from the corporate board of IRCC when they were asked to forward to him any questions or issues the citizens had. He stated it is an issue they will look into further; it may involve taking the wall a little bit to the east; it may be doing some landscaping there; and they have to also look at what they do along their north boundary.

Commissioner Carlson stated Mr. Harris’ question was in regards to the interface at that corner between the different bufferings; and inquired what do they anticipate for that; with Mr. Fleis responding they will have landscaping all along there; and what he expects they would do at the very minimum is take the wall to the end of the 25-foot buffer, and maybe even further than that. He noted they will look at the field conditions as the property is under development.

Chair Higgs inquired if Mr. Fleis is committing to the right turn; with Mr. Fleis responding they will commit to that as a minimum. Chair Higgs requested Mr. Fleis show the plans to Mr. Harris. Commissioner Carlson requested the Board continue with the meeting and the item be brought back once Messrs. Fleis and Harris discuss whatever they need to discuss.

The Board postponed the item until later in the meeting.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENT/
BUTTONBUSH DRIVE IN SHERWOOD LAKES, PHASE ONE - SCOTTY R. CLINE

Chair Higgs called for the public hearing to consider a resolution vacating a public utility easement/Buttonbush Drive in Sherwood Lakes, Phase One, as petitioned by Scotty R. Cline.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution vacating a public utility easement/Buttonbrush Drive in Sherwood Lakes, Phase One, as petitioned by Scotty R. Cline. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION, EASEMENT, AND EASEMENT ENCROACHMENT
AGREEMENT, VACATING PUBLIC UTILITY AND DRAINAGE EASEMENTS/OLIVER
COURT IN TROPICAL VILLAS, UNIT TWO - EVAN H. LAYNE

Chair Higgs called for the public hearing to consider a resolution vacating public utility and drainage easements/Oliver Court in Tropical Villas, Unit Two, as petitioned by Evan H. Layne, accepting an easement, and executing an easement encroachment agreement.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution vacating public utility and drainage easements/ Oliver Court in Tropical Villas, Unit Two, as petitioned by Evan H. Layne; accept Easement; and authorize execution of the Easement Encroachment Agreement. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN SECTION 26,
TOWNSHIP 26S., RANGE 36E. - PINEDA PARTNERS, L.L.C.

Chair Higgs called for the public hearing to consider a resolution vacating a right-of-way in Section 26, Township 26S., Range 36E., as petitioned by Pineda Partners, L.L.C., which was continued from November 18, 2003.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to continue the public hearing to consider a resolution vacating a right-of-way in Section 26, Township 26S., Range 36E., as petitioned by Pineda Partners, L.L.C. until January 27, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT/OLD TRAMWAY DRIVE IN ARUNDEL BAYTREE PUD, PHASE 2, STAGE 3
- LOUIS AND DIANA CORINO

Chair Higgs called for the public hearing to consider a resolution vacating a public utility and drainage easement/Old Tramway Drive in Arundel Baytree PUD, Phase 2, Stage 3, as petitioned by Louis and Diana Corino.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution vacating a public utility and drainage Easement/Old Tramway Drive in Arundel Baytree PUD, Phase 2, Stage 3, as petitioned by Louis and Diana Corino. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY/FIFTH STREET IN
PLAN OF TOWN OF PINEDA - TIMOTHY STICKRATH DEVELOPER, INC.

Chair Higgs called for the public hearing to consider a resolution vacating right-of-way/Fifth Street in Plan of Town of Pineda, as petitioned by Timothy Stickrath Developer, Inc.

Transportation Engineering Director John Denninghoff advised the item involves easements necessary for BellSouth and Florida Power & Light Company; and requested the public hearing be continued until January 27, 2004.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to continue the public hearing to consider a resolution vacating right-of-way/Fifth Street in Plan of Town of Pineda, as petitioned by Timothy Stickrath Developer, Inc. until January 27, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY/SEVENTH STREET IN
PLAN OF TOWN OF PINEDA - BRIAN AND LAURA WHEELER AND CECIL AND
MARTHA STEPHENS

Chair Higgs called for the public hearing to consider a resolution vacating right-of-way/Seventh Street in Plan of Town of Pineda as petitioned by Brian and Laura Wheeler and Cecil and Martha Stephens.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution vacating right-of-way/Seventh Street in Plan of Town of Pineda as petitioned by Brian and Laura Wheeler and Cecil and Martha Stephens. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD
VALOREM EXEMPTION TO AVIDYNE CORPORATION

Chair Higgs called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Avidyne Corporation.

Commissioner Scarborough advised Avidyne will provide 90 jobs with average salaries of $75,000.

There being no further comments or objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt an Ordinance granting an economic development ad valorem exemption to Avidyne Corporation, 2010 W. Nasa Boulevard, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Chapter 196.012 Florida Statutes; providing for proof of eligibility for exemption; providing for an annual report by Avidyne Corporation; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING IMPACT FEE PROGRAMS FOR
CHANGE OF USE

Chair Higgs called for the public hearing to consider an ordinance amending the Fire Rescue, Correctional, Transportation, and Emergency Medical Services impact fee programs for change of use.

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt an Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article V, Impact Fees; amending Division 2, Fire/Rescue Facilities; amending Section 62-729, Computation, to revise provisions pertaining to changes of use; amending Section 62-735, Exemptions and Credits, to revise applicable exemptions; amending Division 3, Correctional Facilities; amending Section 62-769, Computation, to revise provisions pertaining to changes of use; amending Section 62-775, Exemptions and Credits, to revise applicable exemptions; amending Division 4, Transportation; amending Section 62-809, Computation, to revise provisions pertaining to changes of use; amending Section 62-815, Exemptions and Credits, to revise applicable exemptions; amending Division 5, Emergency Medical Services Facilities; amending Section 62-849, Computation, to revise provisions pertaining to changes of use; amending Section 62-855, Exemptions and Credits, to revise applicable exemptions; providing legal status; providing a severability clause; providing for area encompassed; providing for conflicting provisions; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING PUD ZONING CLASSIFICATION TO
ESTABLISH DRI SUBCLASSIFICATION

Chair Higgs called for the public hearing to consider an ordinance amending the PUD zoning classification to establish DRI subclassification.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt an Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Section 62-1441 to create or amend definitions for development schedule and development of regional impact; amending Section 62-1443 to amend or clarify permitted uses in the PUD-DRI zoning classification; amending Section 62-1445 to permit maintenance of common open space in a planned unit development (PUD) by a community development district or other nonprofit, public, or quasi-public agency; amending Section 62-1446 to amend density staging and common open space provisions in a PUD; amending Section 62-1448 to require the consistency of a DRI master plan and a PUD preliminary development plan; amending Section 62-1449 by amending the plan lifetime provision of a PUD to allow a PUD-DRI to have the same lifetime as a DRI, and to clarify the intent of development schedule provisions in a PUD; 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.

CITIZEN REQUEST, RE: RECOMMENDATIONS OF SOUTH MAINLAND LONG-RANGE
PLANNING COMMITTEE

Chair Higgs advised the 10:00 a.m. time certain item is a request from citizens of Micco regarding a long-range study that has been going on for about a year; the citizens have gotten together, met with State and County officials, and talked about the future of the community; and they have two specific recommendations they would like the Board to move forward.

Mike Cunningham, representing Micco Homeowners Association, advised the long-range planning procedure has been going on for a year; is a good plan; and it is something that needs to be examined further and carried forth to fruition. He stated they endorse it wholeheartedly.

Diane McCauley of Micco advised she was part of the Long-range Planning Committee; it was an interesting and educational process; they had a lot of interaction with the members of Micco who came to speak; and they got a good consensus. She stated they are in favor of the plan and hope the Board will pass it so they will have one continual program to go by in their area. She thanked Commissioner Higgs who got them together and kept them on track; and requested the Board send the recommendations to staff, which has done a tremendous job during the process.

Tibby Parker advised as part of the Barefoot Bay Recreation District, she has been part of the South Mainland Long-range Planning Committee that is before the Board today; the group represents over 35,000 citizens in unincorporated Brevard County; they established their goals in initial sessions really quickly; and they used a system familiar to the Board, MyRegion.org and some concepts from Brevard Tomorrow. She stated once the goals were established, they were identified as their guiding principles; they set forth getting education; and they want to thank staff from Mr. Martens, Mr. Jones, and Mel Scott’s offices. She stated Todd Corwin and Alan Woolwich were invaluable in bringing a tremendous amount of educational material to the committee; it was a mini-citizens academy; Bruce Bolin, their former board chair with the Recreation District helped also; and collectively they established values they believe are valuable for South Mainland's future. Ms. Parker stated it is not often they get together before development occurs and citizens have the opportunity to speak their will on what they value today and what they would like to see for the future; and urged the Board to direct staff to move forward in developing the next steps. She stated the folks in South Mainland want to preserve their future through this process; and thanked Commissioner Higgs for giving them the guidance to see it through to this point. Chair Higgs advised it was a great bunch of people who hung in there for a long time and had very good citizen participation.

Vicki Benoit of Micco advised she was a member of the Long-range Planning Committee; and thanked Commissioner Higgs and County staff for the education she received. She stated she thought she knew a lot when she went in there, but did not realize how ignorant she was; and learning was an invaluable process. She stated they moved to Micco from Fort Lauderdale six years ago specifically because of the rural atmosphere that it represents; and it has a lot of environmental lands they enjoy looking at and having passive recreation. She stated coming from Fort Lauderdale, they have seen the mistakes that the City and Broward County made; consequently, Fort Lauderdale, despite the enormous tax base it has, is broke and talking about massive layoffs. She stated it is a situation they can stop before it happens in South Mainland if they do planning as they have been with the Long-range Planning Committee. She stated it is not only keeping the area pristine, but also keeping it a place where people can live in a rural yet productive manner. She stated they hope the Board will look at the suggestions they made and adhere it to the area because it is worth saving.

Chair Higgs advised there are two items in the Agenda Report that the Committee is asking that a staff report come back on; the first is amending the Future Land Use Map, and the second is using the Open Space Ordinance; and the Committee is asking those come back separately because they are two distinct things.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct staff to prepare reports regarding amendments to the Future Land Use Map and Open Space Ordinance as recommended by the Long-range Planning Committee and place them on the agenda separately next year. Motion carried and ordered unanimously.

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVAL, RE: CAPRON RIDGE,
PHASES 1, 2, AND 3

Ed Fleis advised the concern of the adjacent property owner was expressed; the developer has agreed to take the wall to the north property line and extend it easterly to the end of the 25-foot tract; and that is basically on the north property line. He stated the other question was the 40-foot tower; the tower is a County requirement for the sewer lift stations that will be on the property; it is a way for them to communicate between the ongoing operation at the lift station and transmit it to wherever the central control system is; and it is a County requirement that they are addressing. He stated it is not 40 feet; it falls under the license of 40 feet or less; but it is somewhere between eight and ten feet. Commissioner Carlson inquired if Mr. Fleis gave Mr. Harris an idea of the location of the tower; with Mr. Fleis responding it will be located right off the entrance road and is not near the west property line. Chair Higgs stated with that commitment, most of the objections have been addressed.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to grant final engineering and preliminary plat approval for Capron Ridge, Phases 1, 2, and 3 (St. Patrick’s PUD), subject to the wall on the north property line being extended easterly to the end of the 25-foot tract. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN AGREEMENT WITH UNITY CHURCH OF MELBOURNE,
INC., RE: PROPERTY ON WEST SIDE OF LYTTON ROAD, SOUTH OF TRIMBLE ROAD

Commissioner Scarborough advised this item is about property in Commissioner Colon’s District; with County Manager Tom Jenkins responding she called and was comfortable with it.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with Unity Church of Melbourne, Inc. for property located on the west side of Lytton Road, south of Trimble Road.

Commissioner Pritchard inquired if Commissioner Colon is comfortable with the changes; with Mr. Jenkins responding that is what she indicated. Commissioner Pritchard stated he received emails from people who are opposed to having the additional requirements imposed; and inquired if other Commissioners received those emails; with Commissioner Carlson responding she is reviewing hers right now. Chair Higgs advised she received emails but none of them made specific requests. Assistant County Manager Peggy Busacca advised representatives of the community and the Pastor of the church told her the language meets their needs. Commissioner Pritchard stated the concern was that the BDP might prohibit future sale and use of the structure as a house; with Ms. Busacca responding language was added that said in the event it was sold as a house, the parking restrictions would not apply; and that is in the BDP.

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

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE PROVIDING FOR
OUTDOOR MUSIC ACCESSORY TO OUTDOOR RESTAURANT SEATING

Commissioner Scarborough stated he understands this is the first step in a long process; this has been much more painful than he ever anticipated; and he does not know why the Board is not communicating with the public; however, the public is beginning to understand that the Board is not precluding outdoor music but is trying to assist with the reasonable ability for people to have music outside.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize staff to advertise a public hearing to consider an ordinance providing for outdoor music accessory to outdoor restaurant seating.

Commissioner Pritchard stated he cannot believe some of the emails he received that said the Board is opposed to doing something when all it is trying to do is allow it to happen, as currently it is not allowed. He stated he had an interesting email exchange with the drummer of Three Dog Night who lives in Cocoa Beach; the response he got from him was, “Thank you for the insight. Apparently I have been misinformed.” He stated Mel Scott has been doing the same thing with the emails he is getting; there were a couple of people who were a little misdirected and started passing information that was not accurate; and they have been explaining what the Board is trying to do and how it is going to benefit the community. He noted it looks as if they are making headway; and this action is the next move to do that.

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

DISCUSSION, RE: PROVIDING LAW ENFORCEMENT SERVICES TO TOWN
OF MALABAR

County Manager Tom Jenkins advised the Board discussed this issue previously where staff was asking the Town of Palm Shores and the Town of Malabar to either join the Law Enforcement MSTU or negotiate an agreement with the County for the Sheriff to provide law enforcement services; the Town of Palm Shores has moved forward very expeditiously to take care of this issue; however, the Malabar Town Council was asked to do it by its Town Manager and declined to take action on the matter. He stated he, Mr. Knox, and Bob Sarver had a meeting to discuss the situation; in the interim the Sheriff does have to respond to calls for assistance; but it was the attorney’s conclusion that the way to get this thing moving was for the County to begin enforcement action. Mr. Jenkins stated he asked the Sheriff’s Office to compile the costs for the last four years for responses provided within the town limits of Malabar; staff will present that bill to the Town and indicate enforcement will be pursued; that will necessitate a joint meeting between the Town Council and Board of County Commissioners prior to formalizing the enforcement; but the bottom line is the County does not believe it can continue to allow Malabar to receive law enforcement services from the MSTU funding.

Chair Higgs inquired if the Town would receive law enforcement services from the General Fund, but not the coverage that the MSTU road deputies would provide; with Mr. Jenkins responding in theory one might say that; but from a practical standpoint, if the MSTU deputy, which is what is in that area now, gets a call, he too will have to respond. He stated the Sheriff’s Office has six General Fund deputies in the area; and unless those deputies are going to be centered in Malabar for an indefinite period of time, whoever is available is going to have to respond to an emergency call. He stated the County needs to start collecting from the Town of Malabar for the services it is receiving. Chair Higgs advised the Board will get a report from the County Attorney and County Manager after the first of the year so it will know how to proceed; and inquired if that is the next step; with Mr. Jenkins responding the next step is for the Board to authorize staff to present the bill to the Town of Malabar and ask it to pay for the services.

County Attorney Scott Knox advised before getting to that point, he needs to see what the Sheriff comes up with in the way of data to support the presumption that Malabar is getting services for very little cost as compared to what it should be paying. He stated he has not seen the statistical data and would like to see that before moving forward.

Chair Higgs advised the Board will get a report back after the first of the year. She stated there are cities that have police departments; the Town of Malabar has no police department and uses the Sheriff’s Office; so everyone in the unincorporated area pays the additional MSTU fund, but it is not being paid in the Town; so staff needs to work that out.

Mr. Jenkins stated the City of Cape Canaveral pays for the Sheriff’s services; the Town of Palm Shores is coming in line where it will be paying for the Sheriff to service its Town; and staff made the same request to the Town of Malabar with no response. Chair Higgs stated it is an equity issue; with Mr. Jenkins responding it is a legal inequity.

The meeting recessed at 10:18 a.m., and reconvened at 10:30 a.m.

APPROVAL, RE: WAIVER OF CONFLICT OF INTEREST FOR THREE TDC CULTURAL
EVENTS GRANT PANEL MEMBERS AND FY 2003-04 CULTURAL EVENTS GRANT
AWARDS

Eva Algermissen, representing Brevard Museum of History and Science, advised Jeanine Smith, Executive Director, asked her to come and speak, but she is not sure why because they received an email that was cryptic and stated there was conflict of interest by certain panel members for TDC grants they applied for. Chair Higgs stated Mr. Knox will respond to that.

County Attorney Scott Knox advised the structure of the grants review process is such that it created a voting conflict of interest of those who were sitting on the grants panel making recommendations; the way to handle that as opposed to coming to the Board of County Commissioners to get a waiver of that conflict, is to file a voting memorandum with the Clerk of the Circuit Court; and consequently, the keeper of the minutes. He stated the waiver issue is a moot point at this juncture.

Commissioner Scarborough inquired if the Board does not need to waive it; with Mr. Knox responding the Board does not need to waive it.

Chair Higgs stated they have in hand, as she understands it, the forms from those people who might have been in the position that they needed to file those forms. Mr. Knox stated there is a standard form they would file when they have a voting conflict. Chair Higgs inquired if the voting conflict is resolved by the filing of that form; with Mr. Knox responding that is correct.

Commissioner Carlson stated it does not alter the vote of that individual who had a conflict, but it was a matter of not filing the form. Mr. Knox stated the members who had that conflict need to file the form and everything will be fine. Commissioner Scarborough stated so there is no vote needed by this Board today; with Mr. Knox responding it is not required.

Chair Higgs stated the Board needs to determine if it is going to do anything with the recommendations from the grants panel. Commissioner Scarborough stated that is a separate item.

Nolan Masters, representing Space Coast Pops, advised he is substituting for Alice Chris who is with a sick relative; he wants to remind the Board that according to Jeremiah 17:9, “the heart is deceitful above all things and desperately wicked, and who can know it”; and Romans 3:10, “there’s none righteous known but one.” He stated our founding fathers knew this and created a government knowing full well of man’s falling nature; there are three branches of government and a separation of power to keep each other in check; and he is not here to accuse anyone of prejudice or bias, but a person serving in a position where there is a conflict of interest should be removed, excused, or remanded. He stated the reason for the existence of the Board is to see that the laws of the County are carried out without prejudice and in a fair and equitable way; and it is the Board’s duty to correct the situation.

Kay Burk, President and CEO of Brevard Cultural Alliance, stated she is available to answer any questions about the grant program and the process in relation to the cultural events grants.

Sam Lopez of UTB/FPRHCC, requested the Board vote no and not give anyone any money at this time until they find a way to deal with the conflict of interest. He stated he called Rob Varley’s office prior to the last meeting in reference to this issue and asked him to submit some names of those people who had conflicts of interest with this situation; and he wanted to find out from Mr. Varley the names of the people who were on the panel the last year and the year before that, so that he could find out whether or not those individuals at the time had conflicts of interest also. He stated if there were conflicts, then something should be done about what happened last year. He stated the fact that they can come before the Board and say they have a problem and have a waiver, the waiver goes into effect, and the people get the money, is not a fair process; and requested the Board investigate and ask for the paperwork of the previous years as to the people who sat on the panel and the people who got the grant money and whether or not there was a conflict of interest back then to the present. Mr. Lopez recommended a policy be put in place that at the very beginning of any TDC grant meetings, anybody on the panel who has a conflict of interest disclose it.

Tess O’Brien of UTB/FPRHCC advised she agrees with everything Mr. Lopez said in regard to the grants, would like to see the grants and the process reviewed as well, and the money be distributed equally among the other people who applied for it.

Commissioner Pritchard advised when he spoke with Mr. Varley about the conflict potential and otherwise, he addressed it had been resolved and in next year’s process they would change the appointment procedures of certain panels that look at various aspects of the grant program; and inquired if Mr. Varley would mind explaining that.

Tourism Development Director Rob Varley advised they plan to visit all the grant programs as part of the strategic business plan process and look at the makeup of committees, etc.; and he does not think they will exclude people who might serve on other boards, but would make sure they reveal those affiliations before the TDC appoints them. He stated the County Attorney’s Office told them people can serve on other boards, they just need to announce it beforehand and sign the waiver form. He stated they do not want to exclude the leadership in the community who want to serve on particular boards, but want to make everything clear up front.

Commissioner Pritchard inquired if that would address the concern in a much more formal manner; with Mr. Varley responding yes. Commissioner Pritchard inquired if the Board postponed the allocation of $56,000 in grants, what effect will it have on the recipients; with Mr. Varley responding there will be some projects that will fail to happen and some would go on; the grants are all reimbursable expenses; most of the organizations are capable of conducting their projects; but it will have some adverse effect on a lot of them.

Commissioner Scarborough stated he is glad Mr. Knox rendered his opinion this morning; the nature of the situation and people sitting out there hearing the words “conflict of interest” should understand one of the things about conflict of interest is that it must accrue to the private benefit of the individual. He stated Mr. Knox opined on a number of occasions, like about someone living in a subdivision, there may be a development, and there could be some argument that maybe that could diminish values of property in the subdivision; but they are not precluded because it has to accrue to their personal and private interest. He stated as an attorney, if he was representing a client in that issue, he would have to declare a conflict because he has a possible beneficial interest. He stated he would like to think those persons who are involved in committees have an overall concern and involvement in the community; the more involved they become in the community, the more potential they have that their desire for a better community is going to have overlaps; good people get involved in multiple facets; and to say they cannot be involved will have uninformed, uninterested people serving on boards and committees, which is very dangerous. He stated he hopes the rules that are promulgated would exclude any overtones that the Board does not welcome those community leaders, and that it wants the participation of concerned community members.

Chair Higgs stated the final say on a future handbook comes back to this Board; and if they start the process fairly soon, the appropriate committee and TDC can look it over, then the Board can go through it, refine the process, and make it consistent with what the strategic plan is and what the services are that will further the community and tourism in the community. She stated that is the appropriate way to assure there is an openness in the allocation of those funds and that there is no sustaining funding of activities because new ones come up that need an opportunity to grow and become as substantial as some of the others. She stated the process needs to be looked at; and as the Board’s representative on the TDC, she would urge that they go at the grant handbook early and begin that process so they have plenty of time to look into it.

Commissioner Pritchard stated one of the concerns he had and believes the Board shared is that it is looking to have new programs come into fruition and discontinue the line item approach that has happened with so many other programs. He stated he thinks the Board talked about a three-year sunset on a variety of programs; if the Board is going to distribute money to encourage the arts, then it needs to encourage the arts and not the usual group that comes forward every year, and it becomes a line item in their budgets; and those are things that are going to happen over the course of the next year.

Chair Higgs stated it will not happen if the Board puts it in the grant handbook, and it will come back to the Board to ensure that is what it wants to have happen. Chair Higgs inquired if the Board wants to approve the grants.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve award of TDC FY 2003-04 Cultural Events Grants to Melbourne Art Festival at $9,000; Brevard Regional Arts Group at $9,000; Brevard Nature Alliance at $6,750; Brevard Symphony Orchestra at $8,100; Space Coast Art Festival at $8,000; Brevard Community College Planetarium at $8,000; Honor America, Inc. at $6,000; and Florida Institute of Technology at $1,150. Motion carried and ordered unanimously.

Chair Higgs requested a motion to instruct the Tourism Development Office to insure that the grants handbook and issues come back to the Board in February 2004.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to instruct the Tourism Development Office to bring the revised grants handbook and other issues to the Board of County Commissioners in February 2004. Motion carried and ordered unanimously.

APPROVAL, RE: TOURIST DEVELOPMENT COUNCIL CATEGORY A PROMOTION AND
ADVERTISING GRANT AWARDS

Hank Simon, representing Greater Palm Bay Chamber of Commerce, advised in the past seven years he has been involved with the Chambers grants, all four Chambers have done an excellent job in promoting Brevard County with the grants; and the color picture on the front of their application shows what they have done to promote tourism in Brevard County. He stated there are directional signs on I-95 to the visitors center at Exit 173; there is a picture of the visitors center; and the grant application contains projects they proposed to do this year and information to substantiate the numbers of what they did last year. He stated after review by the TDC, their grant was reduced from the level it has been for the last six years, $30,000; and they have been allowed to continue to do the fulfillment side, which is excellent, and is a major portion in getting information out to the people about Brevard County and the opportunities to visit both short and long-term, and in some cases to relocate to the area. He stated their scope of work over the years has related to the promotion of tourism in the County; he submitted a list to the Board that talks about their website that shows their membership; and the hotels listed cover the whole County and represent many of the major hoteliers. He stated they are confident that they are promoting the whole County through the efforts they have committed to over the past years; but after reduction of the grant, they find themselves in an awkward situation, as they have the funds for fulfillment, but not the funds to produce the materials to put in the fulfillment envelopes. Mr. Simon stated he is not saying the Board should revisit how the grants were done this year, because the process was a fair one that allowed all the Chambers to present their cases; their board of directors feels it has proven itself by the numbers of the projects undertaken and completed over the past five years, and have shown that they have been able to fulfill the mission set out by the TDC, and that its request this year was fair and equitable as they had budgeted based on $30,000 that they had before. He implored the Board to set a standard that allows them to continue the projects they have been doing well. He stated one of the things that was set out in the past was to bring new events to Brevard County; they entered into a contract with the North and South PGA’s to bring in a tournament called the Sunshine State Championship for golf club professionals in all of Florida; they drew over 120 players; and they represented the best clubs in Florida. He stated when they went back to their clubs, they talked about the excellent time and quality of the courses they played on; and that generates heads in beds, although he does not have a specific number. Mr. Simon stated they were trying to bring a new project to the community that would allow everyone to grow another sector; and with that, he would ask the Board, when it looks at the grants today, if it could find a way to increase their grant back to $30,000. He stated the process has been, over the years, very fair and equitable to all the Chambers; $30,000 for each of them went a long way and allowed them to fulfill their projects; and the pictures on the front cover show that they brought a visitors center and tourism to South Brevard County that serves the whole County.

Melissa McDonald with Titusville Area Visitors Council, advised the grant process was very long and arduous and took several months to do; the Titusville Area Chamber of Commerce, as did the other Chambers, went through the grant process as outlined; they met the criteria, and went through all the steps they needed to do to show that they should receive some funding to promote tourism in Brevard County; and they feel the grant process should proceed as recommended by the TDC and as the outcome came out being at the November 19 meeting. She stated if the Board wants to change the process for next year, they would be more than happy to comply with that and go forward from there.

Jean Clayborn, incoming Chair of Cocoa Beach Convention and Visitors Bureau for 2004, advised during the seven or eight years she has been involved in the Council and sat on the board, she has been involved during the grant process to come up with projects that they felt were working in tandem with the County and bringing visitors into the County. She stated in addition to being on the board, she has also been very active with Mr. Varley and his committee and the sales action team; there was a lot of painstaking involvement of the TDC in coming up with what the grant program was going to be; and by the material put before the Board, the TDC voted 7 to 1 to use Option 1, which was to rank and rate based upon the merits of the grants before the panel. She requested the Board uphold the 7 to 1 vote; stated that is what they went in knowing; they were involved in the past where everyone got $25,000; they feel they wrote an excellent grant; and requested the Board to rank all of them on the basis of the merits of their grants.

Dawna Thorstad of Cocoa Beach Chamber of Commerce stated they do not take the grant lightly even though in the past years it was an even split of the monies that were there. She stated they sat for long periods of time, reevaluated the programs that they do, and tracked them heavily, so they know what they do works. She stated the TDC voted 7 to 1 and had options on how it wanted to rank the grant applications; during the process they heard the statement, after the voting was done, that they did not like the outcome because it was not fair; but to her it was extremely fair because each program inside the grant application was ranked upon the merits of the program. Ms. Thorstad stated they had three programs in their application and others had five; each one was ranked individually; and requested the Board approve what it was going to approve the first time, and they promised to do a good job and keep bringing visitors to Brevard County.

Kathi Schillo, President of Cocoa Beach Area Chamber of Commerce, advised she is new to the area, but stands before the Board as a representative of the Chamber; all four Chambers worked very hard in preparing the grant applications; it was a fair and arduous process going through the rating and ranking; and the members of the TDC worked very hard in evaluating the presentations presented by each Chamber. She stated to take any of the options besides the first one would put a time delay or no monies for the organizations; they cannot afford the time delay; and losing four to six months would backlog all their programs. She requested funding of the grants as they were rated and ranked by the TDC members.

Samuel Lopez opposed the process; and stated even the members of the TDC could not agree, and passed the decision to the Board. He stated the lady that just spoke mentioned four Chambers, but there are five Chambers, which means something is going on and they are being excluded at every point and juncture. He stated he wants to give a little bit of background from the United States Hispanic Chamber of Commerce on dynamic trends; the State of Florida ranks third with $60.8 billion coming into the State by the Hispanic population; and in Brevard County last year, the minorities brought in one billion dollars. He stated that is what Florida TODAY stated; and it is a shame that they have to go up against six or five years of the money being split among all the Chambers, but when the Florida Puerto Rican/Hispanic Chamber of Commerce came into effect, all of a sudden the game changed and they went to a ranking system. Mr. Lopez stated taking all the years they have been putting on their functions in Brevard County, it would total over 100,000 people who have come and participated and spent money in restaurants, hotels, and the stadium for the Puerto Rican day parade. He stated it is incredible in that procedure they came out with nothing; the scoring system is incredible; and even though there was a Hispanic on the TDC, Anselmo Baldonado, he ranked them as 5 for printing procedures, 3 for printing visitors’ guide, 0 for promoting items, 6 for website enhancement, 0 for advertising, and 2 for sales and promotion for a total of 16 points. He stated Mr. Baldonado is a Hispanic who sits on the TDC; he gave the Caucasian Chambers 80 for Melbourne/Palm Bay, 44 for Titusville, 44 for Cocoa Beach, and 71 for Palm Bay; and inquired what is wrong with that picture, and with the highest number the Hispanic Chamber received being 67. He stated there is something wrong with the process; and suggested going back to the old process until they find an equitable way. Mr. Lopez stated if the Board looked at the minutes, it would see all the discrepancies and all the stuff that was going on by the committees where they could not agree; and even some of the members said the process was unfair. He stated the people who got the money were the people who want to recognize that there are four chambers instead of five, which is a big problem, especially when there is $60 billion coming into the State and $1 billion coming into Brevard County from Hispanics, but they cannot get a piece of the action. He stated $12,000 was what they asked for to write brochures and enhance their website; it is terrible; they would also like to see the same thing put in a policy so when the committee gets together again, there is a policy in place that if they have a conflict of interest, they state it at the very beginning of the meetings and cannot vote on the item, even for the cultural grants. He stated if it was put in place from the beginning, those people would have been excluded from voting and it would have been a fair process.

Tess O’Brien advised she met Commissioner Higgs at one of the events that the Puerto Rican/Hispanic Chamber of Commerce produced, which was the Salsa Festival; and thanked her for attending, as it was nice to see someone was interested in what they were doing. She stated she knows the Commissioners are aware of the people they bring into the County because they have been to the events; she believes that what the Board stated is it would like to see the Chambers grow; and she believes that should happen. She stated they are a Chamber that has been in place for many years; they produce many cultural events and so forth in the community to bring in tourism; and they would like to have the opportunity to grow as the Board stipulated and bring in more tourists to enjoy the events they produce.

Anselmo Baldonado stated he is here not only as the Chair of the TDC, but as a publisher of a Spanish language newspaper, which has been categorized as not being Hispanic enough; so he does not know what it takes to be Hispanic enough. He stated as Hispanics, they may not have all been blessed at birth and favored by circumstances, but they are nonetheless human beings with brains and intellectual capacity, dignity, and ambition; and as such, they have taken their place with others in all fields of human endeavor; so he can see no reason why, because they are Hispanic, that somehow special status should be granted them. He stated that is not the road to go and the rules of protocol should not be held in abeyance and not applied to Hispanics. He stated the people who came before the TDC with Chamber grants were asked to provide some answers to questions and some documentation; when they looked at some of the proposals, most of the Chambers met that responsibility but some did not; they were rated as such; so to be categorized as what is wrong with this picture, why did Anselmo rate us so low, he cannot say because he rated strictly by what was in front of him; and to treat Hispanics special would be going down the wrong path. He stated that would be divisive and not the road to go; and recommended the Board approve the proposals before it.

Marcia Gaedeke, President of Titusville Area Chamber of Commerce, requested the Board approve Option A and that the funding be sent through as rated. She stated the Chambers recognize there are five chambers and welcome that; the other four Chambers, besides the Hispanic Chamber are not Caucasian Chambers; they are charged with representing their communities; and they do that to the best of their abilities. She stated they have followed the guidelines, have been told for several years that the process was not going to be a guaranteed amount of money given to each Chamber, and that it should be a competitive process; and some feel it was in more ways than one. She stated they followed the guidelines and did their presentation as was requested; they were ranked accordingly; the TDC struggled with that, but made a decision to rank and approve funding; and it could not change that, and moved forward with that in the end. Ms. Gaedeke stated the TDC declared conflicts at the beginning of the meeting as requested; they have a lot of projects that they have been doing year-after-year; and what the Chambers traditionally do is leverage those dollars with dollars from the private sector to increase exposure for Brevard County. She stated many of the contracts are on hold currently; and if this process goes on much longer, they would be held up considerably and many of those would not be able to be done, at least in their instance, as she cannot speak for the other Chambers. She stated they have several contracts on their desks that they are holding at this time waiting to see if they will be the funding because if they do not get the funding, then their budget for the year will get considerably less; and encouraged the Board to look at the ranks as they were presented to the Board by the TDC and approve the funding under Option A.

Beverly Sanders of Melbourne/Palm Bay Area Chamber of Commerce, stated this is her eight year in the process, and she too wants to go on record and say she hopes the Board will approve Option A. She stated it was a tedious process and they want it to be competitive; one of the things she can also recommend is a workshop during the year, much like the Board is doing with the cultural grants, to revamp the process; and personally she would like to see it related to heads in beds and things that show economic return for the money invested. Ms. Sanders stated for years she has tied their money to how many people they put in hotel rooms; this year they will have a huge group coming for a bowling tournament; there are going to be 6,400 beds or hotel rooms, just this year; and they have been working on that for many years with the help of the TDC and Sports Authority. She stated she would like to see it revamped; and in a workshop setting they can make the process fair for everyone.

Lee Bohlmann of Melbourne/Palm Bay Area Chamber of Commerce, stated she wants to give the Board an overview of chambers of commerce. She stated unfortunately, when our forefathers started them in the 1700's, they did not copywrite the name, so anyone can be a chamber of commerce. She stated she has worked with an Asian Chamber, Korean Chamber, Hispanic Chamber, and Black Chamber, but does not know that she worked with a white folks chamber; however, there could be one of those if they want to call it that. She stated she has gone on record nationally and at many State Chamber meetings saying she thinks as they divide themselves it does become more divisive, and she likes to think of them as one. She stated in the Melbourne/Palm Bay Chamber, they represent communities in Melbourne, Palm Bay, Indian Harbour Beach, Melbourne Beach, Indialantic, and Satellite Beach, so they could say they have all those chambers in their ranks; but the Melbourne/Palm Bay Area Chamber of Commerce and the Beaches is what they call it. Ms. Bohlmann stated they all bought into a system whether they like it or not; she has gone on record saying she does not like it; but that is the system, so she is going to follow the rules and have her staff follow the rules. She stated if they do not like what happened in one scenario, now they are going to come to the Board and ask it to turn that around; there were some very intelligent strong people in the room on November 19; she was there so she can say that; and a lot of people spent a lot of time working to see that those projects worked. She stated they look at what the TDC does so they can complement its efforts and not do something off track from what they see for promoting and marketing the community. She stated she could go out today and start Lee’s chamber of commerce and file papers for Satellite Beach, Melbourne Beach, etc., do all that, and have many more chambers to deal with. She stated when she looks at a chamber, she looks to see if it is a member of the United States Chamber and State Chamber, and if it is accredited by the U.S. Chamber and Florida Chamber; the Melbourne/Palm Bay Chamber is all of those; and that is what they have to do if they are recognizing just the name. She stated when they are accredited, they are recognized on how they do outreach to all levels of the community, how they work with all levels of the community, all income, race, and creed levels, and what they do to help the betterment of the community to rise; they are a microcosm of people and interests; and with that, there are going to be differences and they are not going to agree with everyone, every day, all the time. She stated they went through a lot with the process; they have Council of Chambers meetings, which Mr. Lopez and his group are welcome to attend; they have not seen him at those meetings; but that is the group within the County that does things together. She noted they throw a hobnob every year; in 2004 they want to work together to promote Brevard County for all people with many fine events; and encouraged the Board to stick with the option that happened, which they all prefer. Ms. Bohlmann stated not all their projects got funded, but they are going to go along with that; none of the grant money goes to their staff or overhead, so she cannot pay the light bill or phone bill to answer all the calls that ask for fulfillment; but they do get money for the process. She stated it is not a complete grant, but if they did not have it, things would not go on; so they will move along with the things they are doing for Brevard County and encourage the Board to support Option A and let the grant process go for this time around. Ms. Bohlmann stated maybe they need a revamping; she and Commissioner Higgs talked about that several times; she is all for that; and they are strong supporters of the TDC and what they have to do to work together to make Brevard County a choice for visitors.

Commissioner Pritchard stated the visitors guide could be published within the TDC; Mr. Varley has the capability to do that in Spanish; so there are some things Mr. Lopez may not have been awarded that he can still get done through Mr. Varley’s efforts. He stated one of his concerns was the issue of fairness, how did it come about, and why was it done that way; and in reading the minutes of the meeting, it said, “One person cannot influence the outcome of the vote because in this promotion and advertising grant process, the high and low scores will be thrown out.” He stated there was a lot of discussion on determining whether it would be Option 1, 2, or 3; as Mr. Simon said, he considered the process a fair one; and the problem seems to be that after the TDC voted 7 to 1 to go with Option 1, Option 1 may not have turned out to be the way some of the folks would have liked to have seen it, and then there was discussion which resulted in a 4/4 vote as to whether it should accept the process that it had previously decided to go with. Commissioner Pritchard stated when people vote for someone, if the person who is elected is not who they wanted, they have to deal with it until the next go around; and they do not go for a recall. He stated the process focuses on heads in beds or as Bonnie King told him, feets in sheets; it is a matter of not rewarding mediocrity, but rewarding the Chambers that would produce what would result in a higher level of tourism; and questioned why they even had the discussion that led to the 4/4 vote. He stated the 4/4 vote as to what they should or should not have done should not have occurred; the process was made; the evaluations were done; the programs that were submitted were evaluated; and the idea of awarding the various entities that are going to provide the best for Brevard County is what the Board should encourage, which is what Option 1 does. Commissioner Pritchard stated it could have probably been done better; there was a suggestion from Ms. Bohlmann to reconvene and look at the way the process is done so they make sure it is done better; but the whole idea is if it is going to be heads in beds, then they need to ensure what they are doing is in the best interest of the community. He stated specialization and fragmentation are going to be divisive; and Mr. Baldonado said it very well, indicating they need to look at Brevard County as a community, what they can do as a community, and how they can move forward.

Chair Higgs advised she served on the TDC and decided to stay on it for one more year because they are making progress in doing exactly what Commissioner Pritchard talked about, looking at the competitive nature of what is going to produce the most effective use of tourism dollars; and that is what she wanted to see for a long time. She stated she has not been supportive of an award process and wanted to see a competitive process that produced the best results, not only four tourists to see Brevard County as an attractive place, but for residents to see it as an attractive place to bring their friends and families to enjoy. She stated they are going through a positive transition process to evaluate how their dollars are used; it is positive and also sort of painful; it was not necessarily the outcome of who was getting the dollars as it was the results of the ranking and how they determined to do it, which they saw was not as refined as they wanted it to be in terms of producing the outcomes. She stated they had an old process they wanted to work in a different manner; it was not perfect, but it was fair; it produced results that she can live with; but it was not the best and is a transition; and they need to work on the process. Chair Higgs stated she has long supported the process to be competitive and look at activities; there were activities offered by each Chamber that she wanted to buy; and what is the best for the dollars is what the TDC should be recommending to the Board to buy. She stated they need to continue to refine the process to make it more effective; she would have loved to have done it differently; in retrospect, she was very uncomfortable and was one of the four not ready to move forward; but the Board would be best served by moving forward and making the process work better in a sense that it is buying services from vendors in the community who best produce the results the Board is looking for. She stated they need to ensure their evaluation process is going to produce that; but at this point, it seems to her that the best thing to do is take the recommendation of the TDC and move forward.

Commissioner Carlson stated she would reiterate everything Commissioner Pritchard said and appreciates competitiveness; and when she was on the TDC a few years ago, she did not agree with carte blanche $30,000 to each Chamber and thought it needed to be competitive based on merit, and leveraging every dollar to maximize the benefit to the community from the tourism perspective. She stated the BCA provides services to all entities that are culturally based in terms of grant writing and making every entity more competitive, so when they come to those meetings and have the grant analysis applied, they can have a better shot at the money; and that is critical. She stated the Council of Chambers, for Mr. Lopez’s benefit, does not require an invitation; it is an open-ended thing, but he needs to contact the BCA office because it is the one that is supposed to provide the umbrella support to organizations like Mr. Lopez’s organization. She stated if Mr. Lopez sees a need for a particular service, he needs to go to the BCA and request it; and everyone seems to underestimate and underutilize the offerings of the BCA as the cultural entity for the community. She stated she supports the Grant Panel’s 7 to 1 vote and hopefully there will be productive changes in the following year.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to approve Option A as recommended by the Tourist Development Council, of $42,000 to Cocoa Beach Area Chamber of Commerce, $30,125 to Titusville Area Chamber of Commerce, $27,500 to Melbourne-Palm Bay Chamber of Commerce, and $420,375 to Palm Bay Area Chamber of Commerce. Motion carried and ordered unanimously.

Chair Higgs requested a motion to direct the TDC office to take to the TDC amendments to the process of awarding promotion and advertising grants so it becomes a competitive process, and to work that in March 2004.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to direct the Tourism Development Office to take amendments to the process of awarding promotion and advertising grants to the Tourist Development Council in March 2004. Motion carried and ordered unanimously.

CONTRACT WITH MICCO PROPERTIES, LLC, RE: IMPROVEMENTS IN SAN
SEBASTIAN WOODS

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract with Micco Properties, LLC, guaranteeing improvements in San Sebastian Woods. Motion carried and ordered unanimously.

APPROVAL TO ADD TO 2004 LEGISLATIVE REQUESTS, RE: OPPOSE LEGISLATION
TO SHIFT MEDICAID COSTS TO COUNTIES

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve addition of an item to the 2004 Legislative Requests to oppose the shift of Medicaid costs to counties; and authorize forwarding the proposal to the Brevard Legislative Delegation and County Lobbyist. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE AND ADDENDUM WITH HARDAN
INVESTMENTS, INC., RE: CHAIN OF LAKES RECREATION COMPLEX

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Contract for Sale and Purchase and Addendum with Hardan Investments, Inc. for property near the Chain of Lakes Recreation Complex at $20,000; authorize staff to obtain survey, environmental audit, and title insurance, and to accept title exceptions; authorize the Chair to execute any amendments that may be required; and authorize staff to proceed with the closing. Motion carried and ordered unanimously.

ADDENDUM NO. 4 TO TASK ORDER 97-03 WITH HDR ENGINEERING, RE: NEW
MELBOURNE TRANSFER STATION

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to execute Addendum 4 to Task Order 97-03 with HDR Engineering, to provide construction oversight services during construction of the new Melbourne Transfer Station, at not to exceed $145,750. Motion carried and ordered unanimously.

CONSIDERATION OF LATE QUOTATIONS, RE: CONSULTING SERVICES FOR SAP
UPGRADE

Commissioner Scarborough stated if it was a single bid that came in late, the Board could say it cannot look at accepting it; but apparently FedEx did not get three bids in on time; and because of that, he looks at it differently as they were guaranteed arrival by 10:00 a.m. He stated it can be proven by the FedEx records.

Communications/Information Systems Director Gino Butto advised that is correct; there was a certain reliance by all three vendors; but apparently they were on the same misconnection by the FedEx truck in Orlando; and the three bids arrived at the County together on a late FedEx shipment.

Commissioner Scarborough stated because of that, it seems that it was a fundamental failure of FedEx as opposed to a singular event of one vendor not making a timely submittal. He stated he would move to accept the three bids knowing they were in the hands of FedEx and could not adversely impact the process.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize acceptance of three additional quotes for consulting services for SAP upgraded received after the closing time due to delays in FedEx delivery, which were beyond their control.

Chair Higgs inquired if they all made the guaranteed delivery next day by the time deadline; with Central Services Director Steve Stultz responding he believes the vendors sent those by priority overnight mail as indicated on the shipping labels; FedEx guarantees on priority overnight that delivery will be by 10:00 a.m. the next morning; but FedEx did not meet its guarantee.

Commissioner Scarborough stated the risk is opening up a process where people can come repeatedly and play games with the Board; the advantage is there may be a lower bid that accrues to the benefit of the taxpayers; and there was no problem with the persons submitting bids, but there was a problem with the process. Commissioner Carlson inquired if there is a legal perspective that needs to be shared; with County Attorney Scott Knox responding no, it is fine to proceed.

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

PRESENTATION, RE: ANNUAL INVESTMENT PERFORMANCE REPORT

John Grady with Public Financial Management (PFM), apologized for Steve Alexander, who is ill and could not be at the meeting; and advised he will give the Board some of the highlights regarding its annual investment report for fiscal year ended September 30, 2003. He stated page B-1 of the Report touches on the market value of the short-term investment at $159 million as of September 30, 2003; the long-term was $147 million for the same time period; and since March 2002, they realized $731,000 in capital gains through various trades of the portfolio. He stated as of fiscal year ended September 30, 2003, the portfolio earned 2.7%, which is about eight basis points over the Merrill Lynch one-to-three year benchmark. Mr. Grady advised they kept the duration short for this period and continued to do so because they were waiting for interest rates to increase, which they did; and since June, when they bottomed at 1.07% for the two-year period, they have gone up about 100 basis points. He stated the long-term portfolio earned $3.9 million; and as interest rates go up, they will look to change the strategy of investing the portfolio. He stated the current makeup of the County’s assets are: SBA at about 46%, agencies, including federal home loans at about 36%, treasuries at 8%, and mortgage-backed securities at about 10%.

Commissioner Pritchard inquired if PFM compared the County’s portfolio and returns to other counties; with Mr. Grady responding it is difficult to compare them directly with other entities, whether counties or cities, because there are different asset allocations, different benchmarks, etc. Mr. Grady advised the County’s portfolio is compared to the Merrill Lynch one-to-three year benchmark; that is how they manage the portfolio; and what they have done since they took over in March is established the Merrill Lynch benchmark and then restructured the portfolio so that they could manage it in line with that benchmark. Commissioner Pritchard stated he just wondered if PFM had another standard to compare with, as Fort Lauderdale has serious financial problems; with Mr. Grady responding another measure is the portfolio earning $3.9 million; and compared to the SBA, they earned $1.7 million for the year more than they would have had those investments all been in the SBA for the same period of time.

Chair Higgs inquired if the SBA is the State fund; with Mr. Grady responding yes, it is the Florida State Board of Administration fund. Chair Higgs inquired if Brevard County is outperforming the SBA; with Mr. Grady responding yes.

County Manager Tom Jenkins inquired if there is an estimate in terms of what the County has realized since it started contracting the function out.

Financial Accounting Supervisor Mark Peterson advised that is a hard thing to do because the market continues to change. He stated at the time that PFM came on board, the interest rate was around 5%; since then, the market continued to go down; and they are looking at 1 and 2%. He stated PFM provides the County the expertise of being in the market, doing this service for a number of other clients, and using the Merrill Lynch one-to-three year benchmark; and that is a very good benchmark for governments to be able to track because it is almost like an intermediary fund, where they take benefits of long-term, but also have the flexibility of staying short-term so the County is not going to lose a lot of value. He stated they earned over $700,000 in gains from selling stuff and timing the market better, so PFM has done a very good job in keeping tabs and watching what is happening with the market. He stated right now they are looking at rates starting to move back up, so they want to stay more in the shorter end of the Merrill Lynch one-to-three year benchmark.

Mr. Jenkins advised he recently read about Orlando and Duval County being aggressive; and inquired if they are taking more risks than Brevard County, and how does Brevard County relate to what they are doing; with Mr. Grady responding he is familiar with the article in Florida Trend and Mickey Miller with the City of Orlando; unfortunately, he does not know the details of their portfolios, so he would not be able to give an exact answer on their aggressiveness and strategy. Mr. Jenkins stated it would be interesting to look at that and Duval County, which is doing something similar. Mr. Grady stated he believes they mentioned the idea of the interest rates swaps in that article, and might be one of the points Mr. Jenkins is referring to.

Chair Higgs advised the Board’s financial policy requires investments be on the conservative side, preserving the initial investment as opposed to maximizing any kind of interest revenue; and the County does not want to lose that capital. Mr. Jenkins stated his question was whether Orlando and Duval County were being a bit more risky than Brevard County; he does not know that; but it would be interesting to research it and find out. Mr. Peterson stated with a market where the rates are moving back up, the risk that is taken is losing principal if they do not watch it; and that is one of the things about being conservative, especially in this time where interest rates are low. He stated it is their fear the rates are going to start moving up; and if they have extended out too long, they are going to start losing principal; and that is not something they want to do with County funds.

Chair Higgs inquired, for the benefit of everyone, if staff could explain who is on the Investment Committee and who is looking over the large amounts of funds.

Assistant County Manager Stockton Whitten advised the Investment Committee is made up of five members: Economic and Financial Programs Director Greg Lugar; CPA Amy Elliot, citizen appointee from the City of Melbourne; Professor Dalrymple from UCF; Financial Accounting Supervisor Mark Peterson; and Finance Manager for Public Works Greg Pelham.

Chair Higgs inquired if the Committee meets quarterly; with Mr. Peterson responding affirmatively.

Commissioner Pritchard stated regarding the more aggressive methods that might be available, he imagines the Committee discusses those at meetings to see what avenues of investment might be advantageous for Brevard County and what incentives an aggressive portfolio may have, and weigh that against the opportunity for loss. He stated he is very conservative, but does not want to miss an opportunity; and he is sure the Committee is looking at every opportunity to be a little more aggressive. Mr. Peterson stated that is the nice thing about having a Professor on the Committee who is aware of the economics, as well as PFM being able to see what other counties are doing and what they are recommending; so it brings a good blend. He stated he is conservative and tends to lean more toward that side, but it is helpful to hear what other people are doing to play it safe with County funds.

Chair Higgs thanked Messrs. Grady and Peterson for the report.

REVIEW AND DIRECTION, RE: LAND DEVELOPMENT REGULATIONS

County Manager Tom Jenkins advised staff has proposed that they proceed with a review of the formatting and presentation of the Development Codes; over the past ten years there have been a number of amendments to the Codes; and from time-to-time, which was done about ten or twelve years ago, they go through the regulations. He stated they would not get into policy issues because that would open Pandora’s box in terms of making any progress; and they would primarily look at the form and presentations to ensure they are easy to use and apply, as well as eliminate conflicts and duplications and centralize the regulations so they can look in one location for any issue. He stated there are two options that staff presented: (1) identify a team of employees within existing staff to take a period of time to do that; or (2) use an outside consultant to do all or part of the process; but there is an additional cost associated with that.

Commissioner Carlson stated she thought staff did that all along; there has always been a review of how the regulations might mesh or not mesh and sometimes it comes up in a controversy at the Board level or staff brings it up because it is a conflict; so it seems to be an ongoing process that they review it periodically, make corrections to Ordinances, and maybe even do consolidation or ideas in regards to consolidation. She stated she does not see why the Board needs to create something, whether it hires an outside consultant or gets a team of folks to do it, because she thought they were already doing that. Mr. Jenkins stated they do it on a level, but this would be a broader initiative and more comprehensive. He stated as staff comes across conflicts on a day-to-day basis, they collect those and bring them to the Board periodically, but those are the ones they come across; however, this would be an in-depth review because there have been a number of changes. Commissioner Carlson inquired if they could have an employee committee where some of the conflicts come to and then recommendations come to the Board in one package so it is not taking employees’ time away from work that the Board already requested them to do; with Mr. Jenkins responding that is basically what they do now, but it is not on the same scale. Commissioner Carlson stated the Board gets it piecemeal, but this request is to consolidate all the regulations. Mr. Jenkins stated the Board has two choices, continue to do it as it is currently being done, which is as they identify them, bring them to the Board; or they can try to do it in a comprehensive manner.

Commissioner Pritchard stated he and Mel Scott spoke about this item; and he does not see the need to hire a consultant, but did question whether or not they would want to have a citizens panel as part of the process. He stated that would be another option although that might open up a Pandora’s box and create all kinds of opportunities for the wrong type of input. He stated his concerns are: (1) if they spend a significant amount of time, 12 to 18 months, going after it in a comprehensive manner, what effect might it have on staff’s workload; (2) if they continue to do it as it is being done, would it give the desired results in enough time so they do not continue to have the problems that they are trying to address; and (3) if they should have a citizens group that was part of the process and met to review and provide input. He stated one of the reasons he liked the idea of citizens being involved, if they are people who deal with various departments that are having problems, is that they may be more in-tune with what the problems are; and it might spark something during conversations when the committee comes together. He requested Mr. Scott address his comments.

Planning and Zoning Director Mel Scott advised when they identify conflicts in the Code or duplicative provisions, it is part of their job to identify those and bring them to the Board; and Planning and Zoning brings up 18 to 24 amendments to the Code each year, some of which are Board directed, and some are because staff has an established schedule of review. He stated in the last two months, the Board has seen a 150-plus page document, which seeks to unify the titles of the different issues that the Zoning Code addresses; and the Board adopted in the final reading today, a DRI PUD zoning sub-classification, which came from discussions between staff and The Viera Company. He stated if the Board took the approach of doing it comprehensively, he would share with the Board that the Florida TODAY stated Brevard County is in the third year of an unprecedented growth explosion and construction is a $1.1 billion industry. Mr. Scott stated staff has not swelled its ranks to meet the tremendous demands of keeping pace with an unprecedented development trend; and a comprehensive look, while quite laudable, would stress an already stressed staff. Mr. Scott stated to find the time to do it they would have to look long and hard at restructuring the way they are handling their days. He advised the current process he articulated is how the Planning and Zoning Office embraces the challenge of finding things and addressing them as they see them. He stated with regard to the citizen group idea, it is a laudable idea and one they hope to accomplish through their day-to-day contact with customers and also the citizen academy; but if they were to assemble a citizen-based board to identify with staff duplicative and complicated provisions, staff would be spending an enormous amount of time educating them; and it would be an enormous drain on an already stressed staff.

Chair Higgs advised the Board has the Building Advisory Committee; it went through a huge committee on the Land Development Regulations; and any changes to the Code will go through the LPA or Planning and Zoning Board as well as coming to the Board of County Commissioners and probably would be seen by the Building Advisory Committee. She stated it seems there are at least a handful of people who will see it before the Board has public hearings on it; so if it is going to direct staff to bring it to the Board in a period of time, it has the mechanisms in place for extensive review.

Commissioner Carlson stated Mr. Scott said Planning and Zoning has a schedule of reviews; and inquired if all other departments do the same scheduling so they can fit it into their time schedule for other issues that they have to do. She inquired how does staff basically time manage that because they can do it without much impact. Mr. Jenkins stated there is the Sunset Review, which requires departments to go through the process every five years and look at a wide range of issues, then bring them back as revised or otherwise; he believes Zoning is exempt from that process; but the issue being described here is a situation where if the public wants information about a boat dock, they would have to look in three or four different places in the Code. He stated they recently went through it with the outside noise issue; people have to look in several different places to find information on a particular subject; and that is part of the dilemma the public faces in trying to access information. He stated this would provide access in a more simplistic approach than what currently exists. Commissioner Carlson inquired if Mr. Jenkins is saying the County needs a one-stop for customers who want to get information on whatever it is and have a checklist and a point person; with Mr. Jenkins responding that is not what he said; he is not opposed to that idea; and they are also discussing that same thing currently of identifying existing staff to serve as an ombudsman for the entire Building A, so when a resident has a problem and does not know where to go, he or she will have somebody to call. Commissioner Carlson inquired if that would be for each building; with Mr. Jenkins responding only Building A, which is the development review process and has the greatest issues; but that is a different concept than the current discussion.

Chair Higgs inquired if there is a motion on the item.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to continue the current process of review of Land Development Regulations as there is not sufficient staff available to work on it without impacting ongoing operations. Motion carried and ordered unanimously.

REQUEST FOR QUALIFICATIONS, RE: CRIMINAL JUSTICE/JAIL REVIEW CONSULTANT

County Manager Tom Jenkins advised the Board has a jail workshop scheduled; staff had submitted a concept on an addition to the existing jail for 500 bed-barracks; they had further discussions, particularly with Commander Altman and Public Safety Director Jack Parker, who for many years ran the jail; and they interviewed one consultant. He stated staff believes there could be advantages to at least considering that option; and the purpose, in addition to identifying the most cost-effective addition to the jail, could be to provide recommendations on how to continue to reduce the jail population and use of the treatment component.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize issuing request for qualifications from consultants to perform a review of the Criminal Justice System as it relates to jail population and expansion needs; and present the results to the Board at the February 19, 2004 workshop. Motion carried and ordered unanimously.

REQUEST FROM SHERIFF’S OFFICE, RE: FUNDS TO REPLACE MATTRESSES
AT THE DETENTION CENTER

Commissioner Pritchard inquired because the request is for funds from the County’s General Fund, is there an identified source other than that; with County Manager Tom Jenkins responding the only available source would be the General Fund Contingency Account. Commissioner Pritchard inquired if the Sheriff’s budget was explored to see if he has $125,000; with Chair Higgs responding it would be appropriate for the Sheriff’s office to speak to that.

Commander Terry Altman advised from the standpoint of the Detention Center’s budget, there is no money to fund the purchase of mattresses; the Detention Center is one of the most cost-effective operations Brevard County has; they are able to run the facility at a cost of approximately $38 per inmate per day compared to other counties of $40 and up to $70 a day; and the budget the Center operates off of is considered a bare bones budget. He stated they do not have the money to replace the mattresses, but sorely need to combat the MRS or staph infection of which they had an outbreak in the last 45 days. He stated the mattresses they are looking to purchase are more durable, easier to clean, provide the ability to sanitize between uses, and are recoverable, which is not possible with the current mattresses. He stated the ability to recover the mattresses would result in one-half the cost of the current mattresses if they were to be replaced.

Commissioner Pritchard stated the item says replacing 1,600 mattresses; with Commander Altman responding he is looking to purchase 1,600 mattresses; the high inmate population for the last year was 1,529 inmates in September 2003; therefore, he needs to replace all the mattresses and does not anticipate the inmate count is going down substantially, so he is looking to replace 1,600 mattresses. Commissioner Pritchard inquired if the bunk beds the Board approved at the last meeting come with mattresses; with Commander Altman responding they do not; bunk beds is an incorrect terminology because that implies stacking one on top of the other; the portable beds the Board approved allows them to elevate the inmates off the floor and comply with Florida Statutes; and they do not come with mattresses. He stated at the present time 400 inmates sleep on the floor on mattresses; the portable beds will elevate those inmates the required 12 inches off the floor; but they still need mattresses for those beds. Commissioner Pritchard inquired about the mattresses they are currently using on the floor; with Commander Altman responding he plans to keep a substantial number of the mattresses they are currently using in case of need; and they try to keep about 400 mattresses above the inmate count for replacement purposes and during hurricanes in case they are needed. He stated when the EOC opened during a hurricane, they provided 100 mattresses for those people to utilize; in addition, they bring mattresses into the Detention Center for staff and their families during those incidents; and several years ago they housed in excess of 150 staff members’ families because everyone was called to duty and the Center was their evacuation shelter for their families. He noted they will keep those mattresses in reserve in case they need to supplement what they have. Commissioner Pritchard stated it says Commander Altman currently replaces 60 to 80 mattresses a month due to damage and unservicability; with Commander Altman responding that is correct; a large part is the design of the current mattresses they are using, which is hard vinyl; and when it cracks and peels the mattresses become unservicable. He stated inmates soil the mattresses for whatever reason and tear them up; and the ones he is looking to purchase will be more resistant to damage and have the ability to be recovered. Commissioner Pritchard inquired if Commander Altman will not have to replace 60 to 80 mattresses a month with the new mattresses; with Commander Altman responding he can say he does not think so; and in fact has an email testimonial from Broward County that says they went to the specific mattress he is looking at approximately three and a half years ago and they had less than 100 mattresses out of 2,250 that needed to be replaced in three and a half years. Commissioner Pritchard stated this purchase could result in a substantial savings over the next two or three years; with Commander Altman responding in the next four or five years, the mattresses should pay for themselves.

Commissioner Carlson stated she has information that Commander Altman purchased 400 mattresses in October; with Commander Altman responding those are the same type as he currently has and were purchased because they were down to about 60 mattresses in reserve; and when the money became available, they ordered 400 of the current type. He stated a good portion of those mattresses are still in the boxes; since he sent the email to the Commissioners, he found out Pride produces a mattress that will meet his standards; and by purchasing from Pride, he may be able to return a large number of the current type mattresses, which were purchased from Pride, and get credit for the ones he is looking to purchase. Commissioner Carlson stated that could be a reduction in the cost; with Commander Altman responding it could be a $5,000 to $10,000 cost reduction.

Commissioner Pritchard inquired if they can save $5,000 to $10,000, would that come off the General Fund portion being requested; and is Commander Altman still proposing $20,400 from the Sheriff’s funds; with Commander Altman responding he is proposing to take the money he planned in his budget for replacement mattresses for this fiscal year and allocate that for the purchase of the new mattresses; and he can do that because once they have the mattresses on board, they will also have backup mattresses that they currently use and would not need to replace those or expend $20,400 for replacements during the year; so he is willing to allocate that money for that purpose.

Commissioner Pritchard inquired if there is more than $20,400 available in the Sheriff’s budget to contribute to the purchase of mattresses; with Denise Postleweight responding no. She stated when Commander Altman was working up the Agenda Report, she looked at it with him in reference to what he had already purchased and what he has in his budget for mattresses; and that is where they came up with the $20,400. Commissioner Pritchard inquired if there are funds elsewhere in the Sheriff’s budget; with Ms. Postleweight responding no.

Commissioner Carlson inquired if the Sheriff views replacing the mattresses for health reasons as an emergency; with Ms. Postleweight responding he left that up to the Commander’s decision because he runs the jail. Commissioner Carlson stated she understands that and understands the Commander is looking at it from his budget; but if it is an emergency and the Sheriff thinks it is an emergency, then other dollars might become available to the jail budget within the Sheriff’s budget. She stated otherwise if it was not, he would look at his own budget; and she inquired if the Sheriff feels it is an emergency to replace those mattresses, then why are there not additional dollars other than the $20,400 coming forward from his regular budget. Ms. Postleweight stated they are trying to get the funding because of the staph infection at the jail; they are trying to get a jump on it before it gets out of control; she can talk to the Sheriff, but he has not said it is an emergency; and he told her to let the Commander decide. She stated they can go further if they need to and if the funds are not available; they know money is tight; but they wanted to present it to the Board and talk to the Board about it.

Commander Altman stated he would like the Board to view this as not necessarily an issue pertaining to the jail, but to the public safety of Brevard County residents; the Detention Center processed over 21,000 individuals through the facility last year; that is 21,000 people who came in and left; over 90% of those went back to the streets because they only stayed in the facility less than 25 days; so that is 21,000 people who were exposed to staph infection and any other viruses they have and went back into their communities. He stated anything they can do to prevent and stop the spread of disease in the Detention Center will pay off tenfold in what they keep out of the community, because 21,000 residents went back to the communities last year and may have taken it back to their families and coworkers.

Commissioner Carlson stated she agrees it is a health issue and ought to be viewed as an emergency; for that reason she would think it would be covered by the Sheriff’s budget completely without any thought of any other resource. She stated without that being the case, she does not have a problem supporting it, but wants to look at the budget coming up to see where they are going to get those dollars and if they can get dollars back from the mattresses that were previously purchased to find out how they can minimize the County’s contribution.

Commissioner Pritchard inquired about the relationship with Item VI.F.3., Request from the Sheriff’s Office to use unexpended cash balance.

Chair Higgs advised the next Agenda item is a request to take the $327,000 and use it in the Sheriff’s budget. Ms. Postleweight advised the Sheriff returned unexpended funds in October in excess of $333,000; and their original intention was to bring that forward, before all the staph infection got going at the jail, to offset the food contract that was unfunded during the budget process, as well as the catastrophic insurance. She stated they put in a budget submittal to the County for $248,000 as a program change for the food contract and also $79,200 for the catastrophic insurance; and out of what they returned, they are requesting that amount, which was mentioned to the Board in September by Ms. Barker. She stated in the meantime, the mattress issue came up; they are still in need of funding for the food contract as well; and they did not ask for the whole amount they put in, just part of it, which is $327,200.

Commissioner Pritchard stated the conversation he recalls was that the Board took the position if the Sheriff had excess money, it would be used toward what Ms. Barker previously warned the Board about, which was the food contract and catastrophic insurance; but as he recalls, it was not an issue until March or April 2004 and was not something that would happen now. Ms. Postlethweight stated Ms. Barker’s intention, after they turned in the money in October, was to come forward with an agenda item for what was needed. Commissioner Pritchard stated it might be in the best interest of the Board to use the money that is available in this part of the Sheriff’s refund of $333,000 for the mattress purchases and when March or April comes, the food contract and insurance be addressed by the Board.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to allocate an amount not to exceed $125,000 from the Sheriff’s Office cash forward to the Board’s General Fund of $333,453, to purchase mattresses for the jail.

Chair Higgs stated the motion is not to approve it from the General Fund but from the amount returned by the Sheriff. Mr. Jenkins stated they returned $333,000 and asked for $327,000. Chair Higgs inquired where is the other $6,000; with Mr. Jenkins responding it goes into the County’s Reserve Fund. Chair Higgs inquired if staff is putting the $6,000 into Reserve; with Mr. Jenkins responding they were, but now the Board is putting more than that. Chair Higgs stated the Board has not done anything yet; with Mr. Jenkins responding tentatively what it said it wanted to do was take up to $125,000 from the $333,000 in unanticipated cash forward and have the balance go to Reserve until such time as the Board decides what it wants to do about the food contract for the jail and the catastrophic insurance expenditures. He stated $125,000 of the $333,000 will be spent for mattresses if the Board approves the motion; and the balance will go into the Reserve Fund to be reallocated at a later date if the Board so desires. Chair Higgs stated she will vote no on the motion; she is not opposed to allowing the Sheriff to use the refunded money and how he uses it is his prerogative to choose what is his priority; and the Board should not allocate for mattresses at this point and should consider it at mid-year.

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

REQUEST FROM SHERIFF’S OFFICE, RE: USE OF 2002-03 UNEXPENDED CASH
BALANCE FOR MANDATORY EXPENSES AT DETENTION CENTER

Commissioner Pritchard stated this request deals with an expenditure that was not supposed to be due until mid-year; and he is surprised to see it on the Agenda in December.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to continue the request from the Sheriff’s Office for use of 2002-03 unexpended cash balance for mandatory expenses at the Detention Center until mid-year budget review. Motion carried and ordered unanimously.

CITIZEN REQUEST - MICHAEL MINOT, ESQUIRE, FOR BARBARA PARSONS, RE:
EXTENSION OF PERMIT TO ALLOW TRAILER ON PROPERTY

Attorney Michael Minot, representing Barbara Parsons, advised his client has lived on South Tropical Trail since 1966; she had her single-family residence razed to the ground by fire; and she has been trying to replace that as an owner/builder. He stated that process has been laborious; and as a result, she converted her owner/builder status to having a contract with Larcon Corporation, created an account to fully fund the contract by closing on a construction loan, and made a deposit to Larcon. He stated Larcon communicated to him and Commissioner Pritchard that they are ready to go and estimate five months or so to complete what has already been started of the single-family residence to get to the certificate of occupancy stage. Mr. Minot advised Ms. Parsons’ security trailer permit expires at the end of December 2003, so she is requesting she be permitted to stay in her security trailer during the building process. He stated so they do not have to come before the Board again as a result of acts of God or other things, they request the Board deem it appropriate to extend the permit to August 1, 2004, which will permit Ms. Parsons to stay and continue doing what she is currently doing, as she has accelerated the process by hiring a contractor to finish the residence.

Commissioner Pritchard inquired if it would be better to extend the trailer permit on a month-to-month basis and follow the progress of the construction of the house; and once the CO is obtained, the trailer permit expires and the trailer is no longer considered a living accommodation; with Permitting and Enforcement Director Ed Washburn responding he believes it would because progress made in the past had not been substantial. Commissioner Pritchard stated his concern, when he spoke with Ms. Parsons, is that the Board wants to make sure progress is made; he had a fax from Larcon Corporation saying they received the deposit; and inquired if Ms. Parsons made a draw on the construction loan; with Mr. Minot responding it is a construction loan by a private lender and there is a mortgage on the property for it. Commissioner Pritchard inquired if Mr. Minot will be monitoring disbursements from the loan; with Mr. Minot responding yes, and an inspector has been hired so that at appropriate times when Larcon asks for a draw, the inspection will be made. Commissioner Pritchard stated Ms. Parsons has a beautiful piece of property that she wants to retain; she had problems trying to build a home; they had issues with some of the neighbors who want to see progress made on the project; and they may have reached a consensus by hiring a contractor. He stated the neighbors are happy with it; it appears to be moving forward; and suggested a monthly review by the Building Department to determine that progress is being made; and if the Building Department reaches a point where it says progress is not being made, the Board will address that immediately so it does not fall on the neighbors again. He stated if that is okay with the Board, that is his motion. Mr. Minot stated there is no objection from Ms. Parsons to that suggestion.

Commissioner Scarborough inquired how would that work; with Commissioner Pritchard responding he does not want to hold Larcon to a specific time period to complete the project because things happen; it would not be fair to say the construction company must complete the house in three or four months; but as long as the Building Department is satisfied that progress is being made, when the CO is issued, the permit would expire. Commissioner Scarborough stated it is too subjective and will get the County tied up; a date needs to be put on completion and some parameters set; and if they have a real problem, they can come back to the Board; otherwise it could put staff in a dilemma and the Board will be caught between the project and the needs of the community. He stated it would be better with an objective time parameter than something that is going to be questioned by different people with different opinions.

Commissioner Pritchard stated he can accept that; and recommended six months from January 1, 2004. Chair Higgs advised the six months should be from the expiration date of the current permit.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve a six-months extension of the permit for a trailer on property owned by Barbara Parsons beginning from the expiration date of the current permit; and instruct the Building Department to do monthly checks on the progress being made on construction of the residence. Motion carried and ordered unanimously.

CITIZEN REQUEST - WILLIAM FUQUA, RE: VARIANCE FOR PLAY AREA

William Fuqua advised he just wants a variance for a playground; something that started out as fun turned into all kinds of paperwork; he did have approval when he called and did not need a permit; he went to the Building and Zoning Offices; and from there he got a County Code Officer call him and saying he was in Code violation after he did most of the work. He stated he is asking for a variance on a playground; and showed pictures of the play area to the Board.

Chair Higgs requested staff comments; with Permitting and Enforcement Director Ed Washburn responding Bobby Bowen could tell the Board what the action has been with respect to Mr. Fuqua and the special master.

Building Official Bobby Bowen advised it has gone before the special master; the special master gave the respondent 35 days to remove the boat or a fine would commence; the 35 days is an automatic appeals time also; so it would cover any appeal Mr. Fuqua might have. He stated he has four days left on the appeal; and if he does not remove it, because of the holidays, staff will look at his property on December 29 to see if it has been removed. He stated he has been given an order by the special master to remove the boat.

Chair Higgs advised Mr. Fuqua is asking for a variance; she does not understand what the variance would be from; and his appeal should be to the Circuit Court. County Attorney Scott Knox advised the Board does not have the ability to grant a variance. Chair Higgs inquired if his appeal is to the court; with Mr. Knox responding if he does not like the special master’s point of view, that is where he should go.

Commissioner Carlson stated he does not have an issue before the Board because the Board cannot grant him a variance; it has gone through the special master; and his next step would be a civil suit; with Mr. Knox responding that is correct.

Chair Higgs advised the County Attorney’s opinion is that the Board does not have the authority in this case on this matter, and Mr. Fuqua has to appeal through the court process. Commissioner Carlson stated Mr. Fuqua seems confused, and perhaps Mr. Knox could explain the process to him. Commissioner Scarborough recommended Mr. Fuqua wait until after the meeting to discuss it with Mr. Knox, as the meeting is near the end.

APPROVAL, RE: PLACEMENT OF GROUP TERM LIFE INSURANCE COVERAGE

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve placing the Group Term Life Insurance coverage effective January 1, 2004, and authorize the Insurance Manager to bind that coverage at a cost not to exceed $432,500 annually. Motion carried and ordered unanimously.

APPROVAL, RE: HEALTH CARE STOP LOSS COVERAGE WITH ING/RELIASTAR

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to renew the Health Care Stop Loss coverage with ING/Reliastar providing a per claim specific deductible of $200,000 and an aggregating specific deductible of $125,000 effective January 1, 2004. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE AND SCHEDULE EXECUTIVE SESSION, RE: CAIN v.
BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize advertising and scheduling an executive session for January 13, 2004 at 11:30 a.m. or as soon thereafter as possible to discuss strategy related to litigation of Cain v. Brevard County. Motion carried and ordered unanimously.

SOLE SOURCE PURCHASE FROM URECOATS MANUFACTURING, INC., RE: BLUEMAX
ROOF COATING AND SEALANT APPLICATOR EQUIPMENT

Chair Higgs advised the process is interesting; it has a copyright and they have a trademark on the process; but she would feel more comfortable if staff went through a competitive process and took bids from vendors who may have similar products.

Facilities Director Sam Stanton advised the system is patented; they trade on the American Stock Exchange; it is the only one of its kind; and staff has been looking for a similar product for five or six months. He stated Mr. Irrizary and Randy Durant went to a show in Orlando to look at the spray-on system; but the problem was it was a foam, and maintenance cannot be done on the roofs without laying something down to take the load while changing filters or repairing equipment. He stated there is no other product like BlueMax; it is similar to Bullhide, which was used on the Stadium and has been there three years with no problems; it stopped the majority of the leaks because it expands and contracts with the change in weather and as the concrete moves. Chair Higgs inquired why would staff not use Bullhide; with Mr. Stanton responding it is not made for roofs; it is a different process; but it is rubberized and Bullhide is more expensive and has not really perfected their application; and that is why staff did not consider it. He noted it is a pain to apply Bullhide.

Chair Higgs inquired if Mr. Stanton is representing that this is the only system like it and that is why the Board should sole source it; with Jamie Irrizary responding the foam system is polyurethane foam and that also takes additional maintenance; UV will deteriorate it; but this system has a 15 to 20-year life span. Chair Higgs inquired if it is the only product like it; with Mr. Irrizary responding yes. Mr. Stanton advised NASA is getting ready to incorporate it into its specifications; the military uses it; and Dade County approved it.

Commissioner Carlson commended staff for looking for options that are going to be a cost savings to the County. She stated at the School Board Summit, she suggested ways staff could look at cooperative projects with the School Board; it has enormous expense with roofing issues, primarily with older schools; and inquired if there is a way to cost share and save dollars; with Mr. Irrizary responding yes, and in fact they have partnered with the generator project, so the School Board is willing to partner with the County and it is something staff could work out with the School Board staff.

Chair Higgs stated paragraph 4 says, “staff has estimated cost for repairs to additional roofs within the County to be approximately $2.5 million”; and inquired over what period of time would that be; with Mr. Stanton responding when staff gets the money to do it. He stated he gave Mr. Jenkins an estimate a few months ago; it was about $4 million to bring the roofs in the County up to standard; they are leaking and deteriorating; and with this process, they can do it for $2.5 million. He stated the system does not require tearing off the roof; that is a costly venture; staff can check to make sure the roof is solid and nothing is loose; and staff can get a vacuum truck and scrap off big chunks, which will be a substantial savings. He stated he could say 50% savings, but he does not know how many roofs will have to be torn off. Chair Higgs stated if the county is going to save a million dollars according to paragraph 4, above that is $1.5 million for the Detention Center roof, which could be done for less than $500,000, so there is another million; and inquired what are they going to spend it on; with Mr. Jenkins responding it is saving money the County does not have because none of it is budgeted; but it might soften the pain next year.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to authorize the sole source purchase of BlueMax roof coating and sealant applicator equipment for Facilities Department from Urecoats Manufacturing, Inc.; and authorize necessary budget changes. Motion carried and ordered unanimously.

AMENDMENT NO. 2 WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION,
ADDITIONAL STAFF, AND BUDGET CHANGE REQUEST, RE: PETROLEUM
CLEAN-UP (SUPER ACT)

Commissioner Pritchard advised an item under the Cost Benefit Analysis says,“no economic impacts have been calculated at this time”; and requested an explanation and the additional person’s activities.

Assistant County Manager Stephen Peffer advised Program Manager Douglas Divers is here to respond to questions also. He stated over the years, staff tried to include with agenda reports what they refer to as economic impact, which is more what would happen to the community as a result of a certain action, and not so much the fiscal impact, which refers to what it does to the budget. He stated in this item, they say the economic impact has not been determined because it is difficult to say what kind of impact the decision to expand the Contract would have on the community; but there are a few things he could point out. He stated this Contract is for the County’s oversight of the clean-up of contaminated petroleum sites, which would create another job; it also helps the employment of private contractors that will do the work; and it helps make the program proceed in an efficient fashion. He stated it would add one person to staff, fully-funded by the State; the State gets those funds from a surcharge when petroleum products are sold in the State; those funds are specifically dedicated to the clean-up of old contaminated sites; so they do not necessarily come out of any individual’s pocket, but are paid for by all who buy gasoline.

Commissioner Pritchard inquired if the funding disappears, what would happen to the person on staff; with Mr. Peffer responding, if the funding disappears, the program would not be done by Brevard County. Mr. Peffer advised Brevard County acts as the State’s local program contractor; in this case it is not just working as the State’s contractor in Brevard County, but in Indian River County as well; so if the funding goes away, the program would also go away and the people who are involved with that would not be working on the job or as County staff because they are fully-funded and dedicated to the program and do not cross over to other program areas. He stated if the State decides to end the program or contract with someone else, those people are no longer part of the program and no longer paid for. Commissioner Pritchard inquired why was Brevard County selected for this contract; with Mr. Peffer responding because they do such a good job. Commissioner Pritchard inquired if it is also that the County has the technical support staff; with Mr. Peffer responding that is correct.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to execute Amendment No. 2 with Department of Environmental Protection for the 2001-2005 Petroleum Clean-up (SUPER Act); approve additional staff to implement the Contract to allow clean-up activities in Brevard County and Indian River County; and amend the budget of Natural Resources Management to accommodate the project. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT WORK PLAN

Commissioner Scarborough advised the list of audits has Parks and Recreation construction; he does not know about other Districts, but in District 1, $15 million was approved by referendum; they are just beginning the construction projects; and next year is going to be an active year. He stated he would hate to do the audit then 18 months later, when the projects are completed, say it would have been nice to do an audit of the construction projects. He stated it seems the audits would be done before any activity occurs.

Chair Higgs stated there have been lots of activities in other places. Commissioner Scarborough stated that may be true, but the big year for North Brevard is going to be next year, and if it needs an audit, it will be next year at this time rather than now.

Commissioner Carlson stated it is a good idea to make sure the process is in place and reviewed before commencing construction, as it might be a proactive approach versus the reactive approach if there is some problem involved. Commissioner Scarborough inquired what would they audit; stated they have to audit something; staff has finished Sandrift and Harry T. Moore projects; the bids are being opened for Chain of Lakes in January, which is a massive project; and the senior center may not start until the summer of 2004; so he would prefer not to have an audit at this time for those reasons. Commissioner Carlson inquired if it is only for District 1; with Commissioner Scarborough responding if District 1 is extracted, it could be problematic in making it work; but if the Board wants to go ahead, that is fine.

Chair Higgs stated she is on the Audit Committee and is supportive of the work plan; Stockton Whitten has been on the Committee from the beginning; and perhaps he can give some additional insight as to why that is on there at this point.

Assistant County Manager Stockton Whitten advised it is on there because of the risk analysis. He stated he talked to the auditors today and they are looking at the processes that are in place prior to actual construction; so they are looking at land acquisition process, design process, etc. He stated the auditor did acknowledge that they may have to come back in the future and do an audit of the actual projects. Commissioner Scarborough stated he agrees with that.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to acknowledge receipt of the Internal Audit Work Plan through June of the current fiscal year for Solid Waste

Landfill Operations, Parks and Recreation Golf Operations, Public Works Roadways and Landscaping Accounts Payable follow-up, Central Services Purchasing Card, and an ongoing audit of Parks and Recreation Construction Projects. Motion carried and ordered unanimously.

ANNOUNCEMENT

The Board extended wishes for a Merry Christmas and Happy Holidays to all.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 12:35 p.m.

ATTEST: _________________________________
NANCY HIGGS, CHAIR
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
___________________
SCOTT ELLIS, CLERK

(S E A L)