January 11, 2005

The Board of County Commissioners of Brevard County, Florida, met in regular session on January 11, 2005 at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Ron Pritchard, Commissioners Truman Scarborough, Helen Voltz, Susan Carlson, and Jackie Colon, Interim County Manager Peggy Busacca, and County Attorney Scott Knox.

The Invocation was given by Pastor Ken Babbington, First Baptist Church of Cocoa Beach, Cocoa Beach, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the August 24, 2004 Regular Meeting Minutes. Motion carried and ordered unanimously.

REPORT, RE: BOIL WATER ALERT

Interim County Manager Peggy Busacca stated there is a boil water alert at Viera; and requested everyone be careful with the water fountains at the Government Center.

REPORT, RE: UNDELIVERED MAIL

Commissioner Scarborough stated as the County shifted mail carriers the mail did not go out; at least one meeting will have to be readvertised; some mail is important so people can timely respond to things that are happening and do things; and there needs to be a full report, not just from administrative staff, but also from the County Attorney to make sure nobody’s rights are impinged upon. He noted people who did not get mail may not have come to meetings and done things they had to do; if it impacts the court system, he does not know the impact that would be; and he talked to the Clerk about it.

REPORT, RE: USE OF GYPSUM IN COUNTY LANDFILL

Commissioner Scarborough stated there have been newspaper articles about putting gypsum into the County’s landfill; it would be advantageous for the Board to receive report from Solid Waste Management Director Euri Rodriguez; and the Commissioners will be better advised individually if there are front-page covers in the Florida TODAY.

REPORT, RE: ANIMAL CONTROL ORDINANCE

Commissioner Scarborough stated he met with some animal people regarding the animal control ordinance that will be coming back for second reading on February 3, 2005; his discussions lead him to believe that it is going to require a table; and since the public hearing is set for a time certain, there is nothing the Board can do today regarding a table or discussion of it; and requested a report from Interim Planning and Zoning Director Robin Sobrino. He noted it may be best to segregate out the captive wildlife, such as lions, tigers, and bears as the remainder becomes complex; there has been some change in State law with captive wildlife, which may render what the Board is looking at irrelevant; and it would be good to have a report prior to the public hearing.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct the administrative and legal staffs to prepare reports on the mail issue to ensure nobody’s rights were impinged upon; direct Solid Waste Management Director to prepare a report providing information on the use of gypsum in the landfills; and direct staff to prepare a report on the changes in the State law and probable segregation of captive wildlife animals from the remainder of the animals to be regulated by the proposed ordinance and provide the report to the Commissioners prior to the February 3, 2005 meeting. Motion carried and ordered unanimously.

REPORT, RE: DERELICT VESSELS ON U.S. 192 CAUSEWAY

Commissioner Voltz stated there are a number of derelict boats that have washed up on the U.S. 192 Causeway; the State does not have any money to get rid of the vessels; it is dangerous to have derelict vessels halfway up the embankment on such Causeway; and inquired what can the County do to get rid of those vessels.

REPORT, RE: DISTRICT 3 APPOINTMENTS AND/OR REAPPOINTMENTS TO CITIZEN
ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to appoint and/or reappoint the following, representing District 3:

Metropolitan Planning Organization Citizens Advisory Committee

Appoint Jeff Raines replacing Howard Wolf, to the Metropolitan Planning Organization Citizens Advisory Committee.

Brevard County Commission on the Status of Women

Appoint Sarah Maricle to the Brevard County Commission on the Status of Women.

Building and Construction Advisory Committee

Reappoint Ed Fleis to the Building and Construction Advisory Committee.

Parks and Recreation South Service Sector Area Advisory Board

Reappoint Ben Drew to the Parks and Recreation South Service Sector Area Advisory Board.

Community Development Block Grant Advisory Board

Appoint Christine Slaughter replacing Phyllis McCullers to the Community Development Block Grant Advisory Board.

Art in Public Places Advisory Committee

Appoint Mary Tsamoutales replacing Bob Gabriel to the Art in Public Places Advisory Committee, with terms of appointments expiring December 31, 2005. Motion carried and ordered unanimously.

REPORT, RE: REMOVAL OF FERAL CATS

Commissioner Voltz stated she is getting information about the County removing feral cats; she does not know if it is doing something new or what the deal is; and requested information on the issue.

REPORT, RE: JUVENILE DETENTION LEGISLATION

Commissioner Voltz stated she received a letter from Manatee County regarding the juvenile detention bill passed by the Legislature in special session; and inquired where does Brevard County go from here as it does not have $3.5 million to support juvenile justice that the Board is going to be responsible for. She noted the Board needs to look at what it is going to be doing with the issue because it is not going to be pleasant.

REPORT, RE: REZONING OF PROPERTY OWNED BY GRANT VOLUNTEER FIRE
DEPARTMENT

Commissioner Voltz stated she received an email from Grant Volunteer Fire Department, that is no longer in existence; it still owns the land as the County deeded it to the Department; since the Department owns the land and it is zoned GML, such zoning needs to be changed as the Department is allowing a business that was destroyed during the hurricanes to use its property. She noted the metal building is 5,000 square feet west of the railroad tracks; the surrounding area is residential and AU; RP or BU-1-A zonings are not appropriate; and requested information on rezoning the property to BU-1 at a future meeting.

REPORT, RE: POKER ROOM AT DOG TRACK

Commissioner Voltz stated she read in the newspaper that the dog track has added a poker room; and inquired how did that happen as Board approval was needed.

Chairman Pritchard advised the Board approved the request. Commissioner Voltz stated she cannot believe the Board approved it. Commissioner Scarborough noted he did not vote for the item. Commissioner Voltz inquired if the issue can be brought back to the Board; with Chairman Pritchard responding no, as there is nothing wrong with it. Commissioner Voltz stated there is something wrong with it; it is terrible that the Board approved the request; and it is a disaster to the community. Commissioner Carlson stated Commissioner Voltz always has the opportunity to request the Board rescind the action. Commissioner Voltz stated she would like to do that; and inquired what does the Board have to do.

County Attorney Scott Knox responded if the Board approved that action and the dog track set up a poker room, the issue now is whether or not the Board can rescind the action because of the estoppel considerations; it can try if it wants to and see what happens; and there may be a legal issue associated with rescinding the action. Commissioner Voltz stated it is a horrible thing the Board has done; and it is another step into some place where it probably does not want to go.

Commissioner Colon inquired did Attorney Philip Nohrr speak to Commissioner Voltz about the issue; with Commissioner Voltz responding no. Commissioner Colon stated she was under the impression everyone had full knowledge of it. Commissioner Voltz noted it was prior to her coming on board; Attorney Nohrr knows she would not have approved it; and that is probably why the item was on the agenda before. Commissioner Colon stated she was not at the meeting, but remembers it was going to be a no-vote by her.

REPORT, RE: ITEM PULLED FROM CONSENT AGENDA

Commissioner Carlson requested Item IV.B.2., Approve Joint Project with City of Cocoa Beach, Re: Addition of Dog Park at Lori Wilson Park, be pulled from the Consent Agenda and heard at the end of the meeting. She stated there is a Dog Park at Wickham Park; there have been serious issues with dogs biting dogs and dogs biting people; there is not enough control and monitoring; so staff is trying to get things together and organized; and she is concerned the County is going to open another dog park with the same problems before it has the problems that are existing settled.

REPORT, RE: BREVARD COUNTY MEDICAL SOCIETY

Commissioner Carlson stated the County is always looking for dollars to leverage; it has leveraged $25,000 to bring in $8.3 million because the Medical Society brought all the hospitals together in the We Care Program; it is a Consortium, which includes the Health Department, the Board, Medical Society, Health First, Parrish Medical Center, and Wuesthoff Memorial Hospital; and this is the kind of money they are bringing in. She noted the County needs to pay attention to those things; and people should know that a little bit of money can go a long way if it is placed in the right spot.

REPORT, RE: LEGISLATIVE INTENT FOR MOORING OF VESSELS IN AQUATIC
PRESERVES

Commissioner Carlson stated vessels illegally moored in the Banana River Aquatic Preserve has been an ongoing problem; it is the area north of Mathers Bridge; there is a problem, such as sewage disposal, boats breaking in moorings, and damaging property; and with the hurricanes it was exacerbated. She noted she has been under the impression that the County could not pass an ordinance to solve the problem because the Banana River is a State water body and aquatic preserve; but she learned last week that several municipalities have some restrictions on moorings, including Indian Harbour Beach across from South Merritt Island; Representative Mitch Needelman mentioned that Florida Statute 327 allows the County to take some action; and requested staff come back with legislative intent to prevent illegal boat anchorage on the Aquatic Preserve and any other aquatic preserves that might be in the County, and possibly draft an ordinance.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to direct staff to return with legislative intent and possibly draft an ordinance prohibiting illegal mooring of vessels in aquatic preserves that may be authorized by Florida Statutes, Section 327. Motion carried and ordered unanimously.

REPORT, RE: WETLAND IMPACTS BY GURU AND MRS. HUGHES

Commissioner Carlson stated she received a letter from the Partnership for Sustainable Future questioning actions of the Board taken at the November 30, 2004 meeting regarding wetlands issues; and the two items in question were the Guru redevelopment application down south for a gas station, and de minimus impact to wetlands that was brought forward by Natural Resources Management Office, which was tabled for additional information. She stated the Board heard from Mrs. Hughes and allowed her to move forward with what she needed to do, which was to impact wetlands; and there were two questions that arose from the Partnership, which it wanted her to address to the County Attorney that did not get addressed during conversations on the two issues. She inquired what is the legal appeal procedure for an applicant whose site plan has been rejected by County staff due to lack of compliance with wetland regulations.

County Attorney Scott Knox responded typically an applicant would file an appeal under Chapter 62-507, which is one of the Code provisions and allows appeals of interpretations to the Comprehensive Plan. Commissioner Carlson inquired is it written in the Wetlands Ordinance; with Attorney Knox responding it is part of the Land Development Code and a generic appeal of Comprehensive Plan interpretations. Commissioner Carlson stated the Wetlands Ordinance points back to the Code and identifies it as a public hearing and appeal process. She inquired in Mrs. Hughes’ case, was her site plan rejected. Attorney Knox responded it appears that information was not necessarily available to the Board at the last meeting, but he has had more opportunity to see what happened; the interpretation was given to Mrs. Hughes, which was inconsistent with her plans, so she was effectively denied; and she was told she needed to pursue an appeal, which she did not do. Commissioner Carlson noted it is not proper for the Board to determine compliance or grant a variance outside of a scheduled public hearing; and it was required for Mrs. Hughes to have a public hearing. Attorney Knox stated the process that should have been followed was the appeal process, which requires a public hearing. Commissioner Carlson inquired does the Board need to rescind that to make sure it goes through the process, otherwise, it is breaking its own law. Attorney Knox responded if the Board does not rescind this, somebody could challenge the procedure that was followed, and he or she would probably succeed in doing that; and that is the legal downside if the Board does not do it.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to rescind previous action waiving wetland impact requirements for Mrs. Hughes to go through the appeal process to ensure all public hearing requirements are done properly. Motion carried and ordered unanimously.

Commissioner Carlson stated in terms of the appeal process, since it was the Board’s fault and not being aware of such process, it should waive the appeal fee.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to waive the fee for Mrs. Hughes to file for an appeal. Motion carried and ordered unanimously.

Commissioner Carlson stated she had discussions with Natural Resources Management Director Ernie Brown; the Board unanimously approved the Guru application and listened to the environmental consultant speak on the viability of the wetlands, who indicated they were low quality in function; but the State does not differentiate it; and inquired unless the wetlands are non-functioning can there be impact by State rule. She noted the Board actually broke the law on that one too, so it may need to rescind the action to make sure what the functionality of the wetland is; and Mr. Brown cannot give Guru the opportunity to do anything on the property because it goes against State law. Attorney Knox stated if the wetlands are functional, the Comprehensive Plan would also restrict destruction of the wetlands; and he thought the issue was whether or not such wetlands were functional. Commissioner Carlson stated the big issue was the redevelopment and how it was silent in the Code and Comprehensive Plan; the County has not figured that part out; until it does, it may end up with starting a precedent; and maybe it is not what it intended to begin with. She noted she thought the redevelopment plan was a good one; it was questionable whether or not the wetlands were functional; and the County needs to make sure so it is not breaking State law. Attorney Knox stated if the County has any doubt that the wetlands involved were functional or not, then it needs to look at the issue as to whether they were functional; if they were not functional, then the plan does not cover it and the State law is not being violated; and if the wetlands are functional, then there is a different issue. Commissioner Carlson stated if it comes back non-functional then Guru can continue; and inquired does the Board need to rescind that action also. Attorney Knox responded if the Board has doubts about whether the wetlands are functional or not, it might be a good idea to do that.

Commissioner Colon stated the Board should not rescind anything until it finds out the facts; the item is not on today’s agenda and she would hesitate taking that action; and requested a report come back to the Board.

Commissioner Voltz stated the issue is in her District and this is the first time she has heard about it; she should have known what was going on so she could have done some research before the item was brought up at today’s meeting; she does not want to discuss it today; and the Board can look at it in another meeting. Commissioner Carlson stated Commissioner Voltz needs to listen to what Mr. Brown has to say first. Commissioner Voltz stated she will do that, but the Board does not need to make any decisions today because she is the one that should be looking at the issue; and she does not know why somebody did not contact her about it. Commissioner Carlson requested Mr. Brown explain the issue on the wetlands and how the State views it.

Natural Resources Management Director Ernie Brown stated the fundamental issue that is surrounding Guru is the functionality of wetlands; if the wetland is determined non-functional under the unified mitigation assessment method, which the State has required to be universal across the State of Florida, then there are no restrictions on impact; if it is determined as functional, then it goes through the permitting and mitigation process at the State level, and is addressed under the County’s Comprehensive Plan relative to commercial wetlands; and the Comprehensive Plan is very restrictive on impacts allowed for commercial activities. He noted Bill Kerr stated the wetlands were low functioning, which is distinctly different than a non-functioning wetland; and staff has asked Mr. Kerr to provide a determination of functionality from the St. Johns River Water Management District so it can clarify exactly what the County is discussing.

Commissioner Voltz stated the Board needs to get a report back; and she would appreciate if anything comes up in her District that somebody contact her.

Commissioner Carlson inquired is there a specific action the Board needs to take that would be the safest course of action. Attorney Knox responded given what he has just heard, the Board should wait to see what Mr. Kerr has to say as no action may be required.

REPORT, RE: EXPRESSION OF SYMPATHY TO THE KURTH FAMILY

Commissioner Colon stated on behalf of the Board, herself, and her family, she sends condolences to the Kurth family; they always say there is a good man behind a good woman; and Al Kurth was certainly one of them. She noted he was a supportive husband and supportive of the community; the Board needs to take time to say thank you to Mr. Kurth, who is in a better place; it is hard to know the kind of pain that someone is going through and the way the accident happened last night; and prayers go to the Kurth family, neighbors, and pastors who are trying to console the family during this time. She stated the Kurth family has been so giving to Brevard County; and even though Mr. Kurth was not an elected official, he was extremely supportive of his wife, former Senator Patsy Kurth.

REPORT, RE: REESTABLISHMENT OF LAND DEVELOPMENT REVIEW COMMITTEE

Commissioner Colon recommended reestablishment of the Land Development Review Committee; stated such Committee includes folks from the environmental and building communities; they have given some feedback in the past; and some Ordinances have been put together from recommendations provided by the Committee. She noted the Committee should review some of the Ordinances and issues that are coming before the Board; and Mike Moehle, Maureen Rupe, and Priscilla Griffith were on the Committee.

Interim County Manager Peggy Busacca inquired has the Committee sunset; with Interim Assistant County Manager Ed Washburn responding yes, as of May 30, 2004.

Commissioner Colon stated the folks that have been part of the group work well together; they were from both sides; they could be brought back together; and the Board could give them some kind of direction. She requested staff advise the Board what it would entail to put the Committee back together again.

REPORT, RE: MARTIN LUTHER KING CELEBRATION

Commissioner Colon stated Monday, January 17, 2005, is Dr. Martin Luther King’s celebration of his life; there will be a march from University Boulevard, up Babcock Street, and end at Melbourne Auditorium starting at 9:00 a.m.; and requested the community come out and participate in the event.

REPORT, RE: MEETINGS WITH LEGISLATIVE DELEGATION

Commissioner Colon stated she has annual meetings with the Brevard Legislative Delegation; they are for local agencies to share their concerns and elaborate on things that are important to the community just before the Legislature goes into session; Representatives Thad Altman and Mitch Needelman are briefed by all the agencies; and Don Lusk helps her put the meetings together.

Assistant County Manager Don Lusk stated for about five years now there have been meetings with any Legislators who wanted to come to the table on local human service issues; the Legislative package is always full of human service issues that the County is looking for funding on, changes in law, etc.; it is an opportunity for agencies in the community and County staff to come together and talk about things that are on the table; and the group tells the Legislators the things that are going on, priorities in the community, and what needs to be done. He noted this year Medicaid, Baker Act, and child care issues were discussed; the meetings are an opportunity for the Legislators to say how the County and agencies can help them, including what letters need to be written, who needs to be talked to, and when they needed to be reminded of things; and it has been a good process of getting things done in the Brevard community on behalf of its citizens.

Commissioner Colon stated she started the process when she became a County Commissioner; the Legislators stay in her office for hours; each group is able to share their concerns with them; and she and staff are ready for 2005.

REPORT, RE: DISASTER-RELATED DAMAGES AND STATUS OF FEMA AND STATE
FUNDING REQUESTS

Chairman Pritchard read a report put together by the County, as follows: “As we all know, Brevard County residents suffered devastating damage to their homes and property, and the County suffered damage to its beaches and facilities during the recent hurricanes. You may also know that FEMA, the State of Florida, and other agencies have grant funds available to assist with the cost of recovering from the hurricanes. We need to be diligent to be sure that Brevard County receives the maximum benefit from these grants so that we don’t end up paying locally for something that may be covered by State or federal grant funding. As you all are aware, we currently have several general engineering consultants (GEC) under contract in numerous departments for engineering services. There are still several areas that our current GEC’s could assist us, such as abandoned structure demolition, County parks, flooding issues, waterway debris removal, beach renourishment, damaged County facilities, and grant management. We could enlist their help to free up our personnel who are already behind the curve with existing projects and FEMA reporting. Another concern of mine is that FEMA deadlines are fast approaching and we don’t want to miss out on available FEMA and State funding that could be up to 95% because our personnel, many of whom do not have the expertise or experience necessary to perform this monumental task, have other pressing assignments. So I’m asking the Board to approve requesting each department to submit an accurate, detailed assessment of the disaster-related damages, and status of FEMA and State funding requests to Interim County Manager Peggy Busacca, and Emergency Management Director Bob Lay within one week. Because of the time constraints associated with these issues, I would also ask the Board to request a statement of qualification from firms with current GEC contracts that are qualified to potentially assist the County.”

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to direct each County Department to submit an accurate, detailed assessment of the disaster-related damages and status of FEMA and State funding requests to the Interim County Manager and Emergency Management Director within one week; and authorize staff to request a Statement of Qualification from firms with current GEC contracts that are qualified to potentially assist the County. Motion carried and ordered unanimously.

REPORT, RE: BIRTHDAY GREETINGS

Chairman Pritchard extended birthday greetings to Commissioner Scarborough upon celebration of his birthday on January 16, 2005.

Commissioner Colon stated her birthday was January 3, 2005.

The Board extended belated birthday greetings to Commissioner Colon.

RESOLUTION, RE: RECOGNIZING JUDITH KERSEY

Chairman Pritchard read aloud a resolution recognizing Judith Kersey for being selected to be inducted into the Florida Women’s Hall of Fame on March 15, 2005 in Tallahassee, Florida.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution recognizing Judith Kersey for being selected to be inducted into the Florida Women’s Hall of Fame on March 15, 2005 in Tallahassee, Florida and offering its congratulations for her dedication and contributions to the improvement of life for women and all Florida citizens. Motion carried and ordered unanimously.

Judith Kersey stated she started working at NASA years ago; it was an exciting time of her life because it was so new; there were only 13 women engineers and scientists out of over 2,500 engineers at that time at Kennedy Space Center; and today there are a lot more. She noted her work in encouraging girls to go into engineering is focused primarily in a workshop that will be held one week from next Saturday in Merritt Island. She noted 600 girls in the third to ninth grades are expected to attend the all-day workshop; they will be introduced to all kinds of engineering concepts and meet women engineers; and all women engineers in the County need to be recognized also. She expressed appreciation to the Board for the recognition.

Chairman Pritchard presented the Resolution to Ms. Kersey.

PUBLIC COMMENT - WALTER PINE, RE: CONSTITUTIONAL ISSUES

Walter Pine stated the Public Comments section of the Agenda reads, “Comments may not address subsequent agenda items”; people can make any comments they wish as it is a First Amendment issue; the Board cannot limit the comments; people may not be able to stay for the rest of the meeting or may want to make a comment that overlaps another issue; and the Board has no right to prohibit people from making their comments. He noted there are still numerous conference calls and discussions between County Commissioners and staff; staff goes back and alters the agenda items; this is a violation of government in the Sunshine; any discussion the Commissioners have that results in change of policy, procedure, or proposal must be done in the Sunshine; and the County is not doing that. He stated the final Agenda was issued at close of business yesterday; the public has asked repeatedly that the Agenda be issued no less than seven days prior to the meeting; it is impossible for the public to collect evidence, do research, respond to the issues in an intelligent manner, and provide the Board evidence necessary to affect its decisions if an item does not go on the Agenda until one hour before business closes; and it denies the public any real opportunity to make any substantive comment. He noted he believes it is intentional; there are a lot of add-on items today; the law is very clear; and the Board may not add on to the Agenda. He stated it may respond to public comments, but if something is not on the Agenda, it cannot add it because there is no public notice; and it seems government in the Sunshine is not too important. Mr. Pine stated the contract for duplication of public records says the cost is less than one cent per page, including all consumables; the County is currently charging 15 cents per page; and it may not seem important, but the law says the Board will obey Constitutional rights, which is Article 1, Section 24 of the Florida Constitution. He noted it is the Commissioners’ oath; if they are unwilling to do that, they need to step down and the public will find someone else; the Board is knowingly and willfully violating the public records law; and the policy violates the law. He stated the mail issue has been going on for some months; notices going out through the mail are not getting out; the public has been complaining about it for months; and while each office has its own particular group of individuals they notice, the rest of the people that may not be pro to the issues are not receiving notice. He noted Thelma Roper is in current conversation with federal postal inspectors to request a federal investigation to find out who has waylaid the mail; it is a federal felony; the County has not reported it to the postal inspectors, but has knowledge of it; and it has failed and refused to report a felony activity.

Motion by Commissioner Scarborough, to allow an additional three minutes for Mr. Pine to complete his comments. The Board reached consensus to allow the additional time for Mr. Pine.

Commissioner Scarborough stated he requested a report earlier and as part of it would ask the County Attorney to review if there is criminal activity on behalf of the person the County contracts with and he or she is not taking care of the mail.

Mr. Pine stated truth and accountability in government is a primary focus; it is important, when looking at each issue, that all the information gets to the public so they can properly review it, study it, and provide their public comments; the public has access to a great breadth and depth of knowledge; and they are unique in the United States as there are people from NASA that cover all areas of technology and expertise. He noted he appreciates the changes that have already occurred in regard to the Agenda, but it is absolutely necessary to give the public sufficient time to respond to these issues; seven days is minimal; he would prefer to see 10 days; and there is no doubt that many of the items added on have gone through significant discussion. He stated since agenda items were added as late as yesterday, the items done under reports could have been added to the Agenda; he would prefer they be added at an earlier date; most of the issues have been worked on six months or greater; and it would seem there would be no problem having information available to the public.

Chairman Pritchard inquired what items were added yesterday. Mr. Pine responded the final Agenda was issued yesterday at the close of business; everything on it with an asterisk was not on the Advanced Agenda; Item V.C. was deleted, which is no big deal; and Items VII.B.2., VI.A. 7 and 8 have been added. Chairman Pritchard stated the Advanced Agenda came out last week; and all of the add-ons were done by January 7, 2005. Mr. Pine stated the final Agenda was not issued until yesterday afternoon. Chairman Pritchard stated that may be true, but that is because it was not provided until yesterday afternoon. Mr. Pine inquired does Chairman Pritchard admit that information was not provided until then. Chairman Pritchard responded he is admitting that if the final Agenda was created yesterday, then that is when it was created; and the changes to the Advanced Agenda and everything else that came about were all done prior to January 7, 2005. Mr. Pine stated when the public gets an advanced agenda, attempts to do research, and comes to a meeting to find there are additional changes, they cannot prepare their schedules, and do research and things that are necessary; there are many professionals that take time off to attend the meetings; when the agenda is changed, it affects whether or not he or she can attend a meeting for a particular issue; and someone may come to a meeting at 9:00 a.m. expecting an item to be heard early, but then it is moved to item 45, which may be 3:00 p.m. He noted it significantly affects someone’s ability to attend a meeting for he or she’s particular item by simply altering or moving things around on the agenda; and adding items to the agenda is even more important because there is no way somebody can do the research and bring information necessary to affect the Board’s decisions.

Interim County Manager Peggy Busacca stated the advanced agenda is put on the Clerk’s webpage; the Board’s webpage includes changes to the agenda as they are made; and staff is currently working on a way to have that put on one webpage.

Commissioner Colon stated the procedure for changes made by noon on Friday prior to the meeting is being followed; and the only thing staff needs to work on is when the changes are put on the website. Ms. Busacca stated that is the issue she is aware of; there was at least one item that came out late because staff received information from DEP at 7:00 p.m. on Friday night; occasionally there are issues from other agencies that are late; and that is the only reason, short of an emergency, that anything should come out past noon. Commissioner Colon inquired is it acceptable to the Chairman; stated it is acceptable if there is a major agency such as DEP; the County deals with many urgent issues in the community; but there would be no excuse for County staff to add something after noon on Friday. Chairman Pritchard stated he agrees; and that was the intent with trying to move the deadlines up. He noted by having the changes by noon on Friday it provides better opportunity for the public to become more knowledgeable and involved. Chairman Pritchard inquired what is the justification for 15 cents per page for copies; with County Attorney Scott Knox responding State law allows the County to charge up to 15 cents per page.

REPORT, RE: ITEMS PULLED FROM CONSENT AGENDA

Commissioner Scarborough requested Item IV.C.3., Extension of Sale/Purchase Contract with Jen-Lee Developments, Inc., Re: Parcel in Spaceport Commerce Park, be pulled from the Consent Agenda for discussion.

Chairman Pritchard stated the public has requested the Board pull Items IV.A.6., IV.A.13., IV.A.14., IV.C.1., IV.C.2., IV.C.6., IV.D.6., and IV.D.14. from the Consent Agenda.

CONTRACT MODIFICATION WITH THE VIERA COMPANY, RE: RAVENCLIFFE, PHASE 1

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Contract Modification with The Viera Company for Ravencliffe, Phase 1 to reduce the amount of the performance bond posted on the project to coincide with the amount of remaining work to complete the project. Motion carried and ordered unanimously.

CONTRACT MODIFICATION WITH THE VIERA COMPANY, RE: CAPRON TRACE,
PHASE 2

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Contract Modification with The Viera Company for Capron Trace, Phase 2 to reduce the amount of the performance bond posted on the project to coincide with the amount of remaining work to complete the project. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL AND CONTRACT WITH TOWNE DEVELOPMENT
OF ISLAND POINTE, INC., RE: MYRTICE AVENUE IMPROVEMENTS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final engineering approval, subject to minor changes as applicable and developer responsible for obtaining all necessary jurisdictional permits; and execute Contract with Towne Development of Island Pointe, Inc. for construction of a sanitary sewer line and the resurfacing of Myrtice Avenue in Merritt Island as part of the Island Pointe Project. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: HAWK’S NEST AT AQUARINA

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final plat approval for Hawk’s Nest at Aquarina, subject to minor changes, if necessary, and receipt of all documents required for recording. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH DAVID MARSHALL AND LLOYD MIDDLESTEAD,
RE: LAUGHING GULL AVENUE

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Unpaved Road Agreement with David Marshall and Lloyd Middlestead for construction of a road in an existing right-of-way known as Laughing Gull Avenue, which has been constructed to the standards of the Unpaved Road Code of Ordinances, Section 62-102. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH KEN ADAMS, RE: ADKINS AVENUE

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Unpaved Road Agreement with Ken Adams for construction of a road in an existing right-of-way known as Adkins Avenue, which has been constructed to the standards of the Unpaved Road Code of Ordinances, Section 62-102. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH JODY KAHLER, RE: JENNIFER AVENUE

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Unpaved Road Agreement with Jody Kahler for construction of a road in an existing right-of-way known as Jennifer Avenue, which has been constructed to the standards of the Unpaved Road Code of Ordinances, Section 62-102. Motion carried and ordered unanimously.

PERMISSION TO FILE INJUNCTION, RE: BREVARD COUNTY V. HAROLD MORRISON

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant permission to file an injunction on behalf of Brevard County Code Enforcement against Harold Morrison for continuing and recurring violations of the Brevard County Code by having junk/abandoned vehicles, junk and debris, dead standing trees, and overgrowth of vegetation on his property. Motion carried and ordered unanimously.

ACKNOWLEDGE CITIZEN INITIATED NEIGHBORHOOD STRATEGY AREA ACTION
PLAN, RE: WEST CANAVERAL GROVES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge the citizen initiated Neighborhood Action Plan and Directives for the West Canaveral Groves Neighborhood Strategy Area. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: AMENDMENT TO ORDINANCE
NO. 91-05, INDIAN RIVER ISLES MAINTENANCE DREDGING MSBU

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant permission to advertise public hearing to be held on January 25, 2005 to amend Ordinance No. 91-05 for maintenance dredging of canals and canal entrances in the Indian River Isles Municipal Service Benefit Unit. Motion carried and ordered unanimously.

PERMISSION TO ISSUE WORK ORDER TO CALLAWAY & PRICE, INC., RE: SOUTH
WICKHAM ROAD WIDENING PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant permission to issue a Work Order to Callaway & Price, Inc. in the amount of $188,330 for the South Wickham Road Widening Project. Motion carried and ordered unanimously.

PERMISSION TO ISSUE WORK ORDER TO BUSSEN-MAYER ENGINEERING GROUP,
INC., RE: NORTH TROPICAL TRAIL IMPROVEMENT PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant permission to issue Work Order to Bussen-Mayer Engineering Group, Inc. in the amount of $44,300 for the North Tropical Trail Improvement Project, from SR 520 to Merritt Avenue. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: PHASE IIIB LANDFILL GAS EXPANSION
PROJECT AT CENTRAL DISPOSAL FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant permission to bid construction of Phase IIIB Landfill Gas System Expansion Project at Brevard County Central Disposal Facility, and award bid to lowest qualified and responsive bidder. Motion carried and ordered unanimously.

CHANGE ORDER NO. 3 AND FINAL PAYMENT WITH RKT CONSTRUCTORS, INC., RE:
B-6 LIFT STATION AND FORCE MAIN MODIFICATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Change Order No. 3 to Contract with RKT Constructors, Inc. for B-6 Lift Station and Force Main modifications, decreasing the contract amount by $189,882.89, for a new total of $1,246,391.31; and authorize payment to the Contractor. Motion carried and ordered unanimously.

TASK ORDER NO. 3 WITH BOYLE ENGINEERING, RE: REPLACEMENT OF
S-13 FORCE MAIN

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Task Order No. 3 with Boyle Engineering for design and construction services necessary to replace 5,000 feet of wastewater S-13 Force Main in the South Beaches service area at $61,816. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING CRITERIA FOR WATER AND SANITARY SEWERAGE
SYSTEMS WITHIN BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution revising the Criteria for Water and Sanitary Sewerage Systems within Brevard County. Motion carried and ordered unanimously.

PERMISSION TO PIGGYBACK CITY OF GAINESVILLE BID 2001-018A, RE: PURCHASE
OF SODIUM HYPOCHLORITE FOR FY 2005

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant permission to piggyback the City of Gainesville Bid 2001-018A for purchases of Sodium Hypochlorite (chlorine bleach) during the remainder of FY 2005. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD COUNTY MEDICAL SOCIETY, INC., RE: WE CARE
PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the Interim County Manager to execute Agreement with Brevard County Medical Society, Inc. in an amount not to exceed $25,000 for the We Care Program and to execute any future amendments and/or renewals to the Agreement, contingent upon the approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

AMENDMENT NO. ONE TO CITY OF PALM BAY UTILITY AGREEMENT, RE: PALM BAY
REGIONAL PARK

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Amendment No. One to City of Palm Bay Utility Agreement for reduction in the water usage calculation and fees charged for water services for Palm Bay Regional Park. Motion carried and ordered unanimously.

TEMPORARY ACCESS AGREEMENT WITH THE VIERA COMPANY, RE: VIERA
REGIONAL PARK

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Temporary Access Agreement with The Viera Company for additional construction access for the development of Viera Regional Park. Motion carried and ordered unanimously.

AMENDMENT NO. 4 TO AGREEMENT WITH STARMER RANALDI PLANNING &
ARCHITECTURE, INC., RE: COUNTY SERVICE COMPLEX IN PALM BAY

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Amendment No. 4 to Agreement with Starmer Ranaldi Planning & Architecture, Inc. for modification of the additional services clause for architectural and engineering services for the County Service Complex in Palm Bay. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING FEE SCHEDULE FOR NON-CONFIDENTIAL
MAPPING PRODUCTS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution establishing fee schedule for non-confidential mapping products. Motion carried and ordered unanimously.

SETTLEMENT AGREEMENT, RE: FOLEY V. BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Settlement Agreement for Foley v. Brevard County. Motion carried and ordered unanimously.

APPROVAL OF ADDITIONS TO PAY AND CLASSIFICATION PLAN, RE: CONSOLIDATED
CLASSIFICATIONS AND NEW PAY GRADES TO NON-EXEMPT CAREER SERVICE
PAY SERIES

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the addition of three new consolidated classifications and five new pay grades to the non-exempt, career service pay series in the Pay and Classification Plan. Motion carried and ordered unanimously.

APPROVAL OF SALARY INCREASE, RE: COUNTY ATTORNEY

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve a 3% salary increase for the County Attorney retroactive to November 20, 2004. Motion carried and ordered unanimously.

PERMISSION TO EXPEND FUNDS, RE: PURCHASE OF SELF-CONTAINED BREATHING
APPARATUS (SCBA)

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve purchase of 31 self-contained breathing apparatus (SCBA) at a cost of $87,699.62. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: AMBULANCE /RESCUE TRANSPORTS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve purchase of four replacement ambulances and one additional ambulance from Wheeled Coach, Inc. at a cost of $424,890. Motion carried and ordered unanimously.

RESOLUTION AND APPLICATION, RE: EMS COUNTY GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution and execute Application for the annual State EMS County Grant. Motion carried and ordered unanimously.

AUTHORIZE SHERIFF TO APPLY FOR AND ACCEPT, RE: U.S. OFFICE OF DOMESTIC
PREPAREDNESS, STATE HOMELAND SECURITY GRANTS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the Sheriff to apply for three pre-approved Grant awards from the U.S. Office of Domestic Preparedness for the purchase of homeland security/law enforcement equipment, specifically a security fence for the Brevard Emergency Operations Center at $27,000, iPAQ communication devices for the Sheriff’s Office Investigative Support Unit at $3,540, and a PIDS vehicle tag identification system for the Sheriff’s Office at $38,334; and authorize the Interim County Manager or her designee to execute all agreements and contracts associated with the EOC award. Motion carried and ordered unanimously.

APPROVAL OF DISTRIBUTION, RE: FLORIDA CONTRABAND FORFEITURE MONEY

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize distribution of State Forfeiture Funds as follows: City of Palm Bay Police Department at $10,000; Jackson County Sheriff’s Office, Illinois at $2,500, and City of Carbondale Police Department, Illinois ($2,500) in accordance with Section 932.7055 (5), Florida Statutes; and approve purchase of approximately $10,000 of law enforcement equipment to be donated to Florida Department of Law Enforcement. Motion carried and ordered unanimously.

LEGISLATIVE INTENT, RE: AMENDMENT OF CHAPTER 26, CHILD CARE LICENSING
REGULATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Legislative Intent; and authorize County staff to work with the Environmental Health Section of the Health Department to revise Chapter 26 of the Brevard County Code to authorize Environmental Services to be the local licensing agency for childcare facilities and family day care homes, require all family day care homes to be licensed, revise fees to provide for additional inspections, and make other revisions to enhance the safety, health, and welfare of children. Motion carried and ordered unanimously.

ABATEMENT OF CODE ENFORCEMENT, RE: HURRICANE DAMAGED DOCKS
ALONG WATERFRONT PROPERTIES

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize abatement of active Code Enforcement complaints and future enforcement to allow storage of dock materials along all waterfront properties damaged by hurricanes and awaiting dock repairs. Motion carried and ordered unanimously.

APPROVAL OF PURCHASE ORDER WITH WEST GROUP, RE: MEDIA MATERIAL

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve an open Purchase Order for media material to West Group a $90,000. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Bills and Budget Changes. Motion carried and ordered unanimously.

DISCUSSION, RE: PULLED CONSENT AGENDA ITEMS

Chairman Pritchard stated generally the pulled consent agenda items are heard right after the passing of the consent agenda; there is a 10:00 a.m. time certain with several speaker cards on the issue; the Board is not going to be able to hear the pulled Consent Agenda items until after the 10:00 a.m. time certain; and inquired is there anything inappropriate with doing that.

Commissioner Carlson inquired is there a parliamentary procedure or anything like that for the Board to refer back to.

County Attorney Scott Knox responding the Board can adjust it anyway it desires. Chairman Pritchard stated the Board will hear the 10:00 a.m. time certain.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62-2117, PARKING,
LOCATING, AND STORAGE OF VEHICLES AND EQUIPMENT (FIRST READING)

Chairman Pritchard called for the public hearing to consider an ordinance amending Chapter 62-2117, Parking, Locating, and Storage of Vehicles and Equipment.

Code Enforcement Director Bobby Bowen stated staff attempted to relax the Code in amending Chapter 62-2117; and he has received a number of telephone calls and there seems to be a lot of misinformation, particularly in the area of commercial vehicles being prohibited from being parked in residential areas. He stated as the Code currently is written, commercial vehicles cannot and have not been able to be parked in residential areas; and if they are being parked there today it is a violation of the Code. He reiterated staff attempted to relax the Code to allow certain commercial vehicles to be parked in residential areas under 24 feet in length; it would include pickup trucks, passenger-type vans, and cargo vans; it could be allowed with restrictions; and such restrictions would be no external modifications to include racks, ladders, tools, and equipment being displayed openly on vehicles. He stated the LPA made a recommendation to strike that language to allow same; staff was relaxing the Code to allow the parking of commercial vehicles on BU-1 property; they tried to address not only the big box trucks, including Wal-Mart, Home Depot, etc., where people could not park commercial vehicles; and staff tried to allow such vehicles with conditions if approved by the Board. He noted staff included the mom and pop operations where they need delivery-type vehicles at their locations; presently, such vehicles cannot be parked at their homes or businesses; they have to find a third location in order to park those vehicles; and staff agrees the vehicles should be allowed with conditions. Mr. Bowen stated that is the major issue concerning the Code changes that have taken place within Chapter 62-2117; staff has added some definitions to try to make the Code clearer so more people could understand it; they have included the term “box truck” to not allow same to be parked in residential areas; concerning F-150 pickup trucks versus F-250 pickup trucks, the F-250 is manufactured and designed for commercial use; and staff is saying a pickup truck is a pickup truck, and a trailer is a trailer regardless of cargo, open bed, etc. He noted staff has tried to simplify the Code and ease up on some of the language to allow certain activities that are currently prohibited.

Gary Whitlock stated staff has tried to lighten up in some areas, but they have specifically left out other areas; he spoke to the Code Enforcement Board; he has 14 service trucks on the road; a lot of the service people have built garages to put the trucks in; and when he asked such Board if the trucks were parked in the garages and closed would it be okay, and it said no because they were commercial vehicles in residential neighborhoods. He noted air conditioning is not a luxury, but a necessity; his company has a tremendous amount of one-hour response times it has to do for medical emergencies; if the vehicles have to be stored offsite, it is going to have to be in an insured enclosed location because besides the $4,000 to $5,000 worth of service items on the trucks, there are also service tools; and it is going to be a large added expense to the citizens of Brevard County because they are going to have to wait to get service and the service people are going to be delayed by at least an hour. He stated currently his company staff works 45 hours per week; on-call staff during the wintertime adds an additional 20 hours to that; in the summertime the service fleet has to be staggered because the on-call person will run 40 to 60 hours, after 5:00 p.m., and on weekends; and adding the delayed time on top of that will more than double the hours. Mr. Whitlock noted the cost will have to be passed on somewhere; he sent the Board a letter previously; if it wants to amend the Ordinance, there needs to be a way to allow commercial vehicles, such as vans and pickup trucks, in residential areas; and main service vehicles for air conditioning, electrical, and bug-spraying services should be allowed if they are completely shielded from view of any adjoining properties or streets. He stated Code Enforcement does not want to allow such vehicles as it wants the Ordinance to be simple to enforce; if there is a commercial vehicle in a residential neighborhood, the person will be ticketed; if a commercial vehicle is parked and exposed at someone’s residence between 5:00 p.m. to 8:00 a.m., then the person should receive a ticket; but if a service truck is in a garage where no one can see it, then the person should not be ticketed. He noted if a neighbor is unhappy with another neighbor and knows he or she has a commercial vehicle, such person can call Code Enforcement; his company does not have locations to park vehicles all over the County in commercial areas; the agenda report indicates commercial vehicles need to be parked to the rear of the structure; and his company parks vans in the rear of the structure of its commercial property, which abuts commercial property on all sides. He stated after getting his vehicles broken into two or three times, the Sheriff’s Office told him not to park such vehicles in the rear of the building but in the front of it; parking the vehicles in the rear of buildings puts an added risk to all companies; and there are businesses that do not have parking in the rear because they do not have the luxury of being able to put concrete behind their buildings as they need retention areas.

Ralph Durham, Jr., Vice President of Durham & Sons, Inc., stated his family has been in the business since 1975; it also owns commercial properties on Guava Avenue; he is a member of the Building Officials Association of Brevard County; and he is the Mechanical Committee Chairman for the second year. He noted he is alarmed at the proposed ordinance changes submitted by the LPA; he realizes there are some good points to it; the proceedings were never publicly or properly announced; and the citizens did not know about the affects such ordinance could have on them. He stated he was the only contractor attending the meeting; the citizens do not know that their personal property usage rights are being reviewed; the ordinance attacks the basic fundamental needs of the citizens; and their right to recreate to and from their properties is being affected. He noted it is adding insult to injury right now as there was quite a vicious hurricane season; many homes are uninhabitable; owners of those properties are having to fight insurance companies that are not cooperating with them; and an ordinance amendment at this time is wrong and a broad attempt to sweep the County as if it was an urban development. Mr. Durham stated the citizens do not want to live that way; he lives in the unincorporated area of Brevard County and not in a neighborhood governed by a homeowners association; he does not want a homeowners association telling him how to live; and the Board needs to picture a retiree who worked his or her whole life to buy a motor home and boat, and is now being told where and when to park his or her motor home or boat. He noted the public will pay dearly for the ordinance changes; there are 25 service employees in his business who will have to leave their homes after hours to provide services to the citizens; they will drive from one designated area to pick up their vehicles and then go to the service location; and the public consumer will have to pay for associated costs, such as gas. He stated limiting signage to six square feet is not going to bring about quite the change the County thinks it will; an enormous percentage of illegal non-permitted work has occurred for citizens in the last six months; his company gets calls all the time to repair dangerous work; and by regulating signage on trucks the County is encouraging licensed contractors to abandon their identity, which will make it more difficult for building officials to identify unlicensed and non-permitted activities. Mr. Durham noted the Contractors Licensing Board and Code Enforcement are doing their best; but the proposed ordinance changes will cause their jobs to become almost impossible; the City of Melbourne is making an effort to annex much of Brevard County; and many parts of the County have already been annexed. He stated his neighborhood did not agree to the annexation, primarily because they did not want the City of Melbourne regulating their property; the County is going to have a great deal of tax base lost with such annexations; and requested the Board not adopt the proposed ordinance as it will hurt business and property owners and increase the cost to the public. He noted adopting the ordinance to suit the occasional complainers is imprudent.

Emmett Wallace, representing Wallace Air Conditioning and Heating, stated he has been in business in the County since 1960; his service technicians have been taking their trucks home since his grandfather started the business; service technicians have to be available around the clock 365 days a year; and they do not have the luxury of going home at 4:30 p.m. and know they do not have to go back to work until 9:00 a.m. the following morning. He noted the burden is not only on the service technician, but his or her family as well because now he or she has to buy another vehicle and have insurance on it; the consumer is going to pay; it is easy to sit as a governmental body where the money comes to them by a vote; but the average consumer does not get their money that way and they have to work hard for it. He requested the Board deny the proposed ordinance as it is not good for the citizens.

Kurt Marcello, representing Commercial Electric, stated the Company has been in business since 1986; his business does not necessarily have a lot of service technicians; there are nine trucks; and as a benefit to the employees that have been with the Company for five or 10 years, they get a vehicle to take home for their use. He noted basically they get rid of their own cars; sometimes they use business vehicles for personal use and do not have to pay for insurance; he lives in Palm Bay because he did not want to live in a deed restricted area; and for those who live in such area, he or she should not have a commercial vehicle because of bylaws. He stated if the Board is going to adopt the proposed ordinance then Sheriff Office and County vehicles should follow the ordinance.

Marilyn Colpitts stated she has worked in the wholesale industry for about 10 years; the proposed ordinance will cause a financial hardship by having delays to pick up the vehicles and then going to the jobs; companies could lose business; and the contractor industry is a very large employer. She noted if they have to lease and secure places for their trucks, it could cause additional financial hardship; she does not see any benefits to the ordinance; she is unclear on the actual benefit to the community; and the ordinance should not be so strict.

Eddie Faircloth, representing Massey Services, Inc., stated the Company has three locations in the County and employs approximately 30 people; those individuals have the benefit of being able to drive their vehicles home at night as a part of their employment contract; this particular ordinance appears to weigh a hardship on those individuals from the standpoint that they may very likely have to purchase another vehicle to facilitate their back and forth driving to pick up their vehicles to service their customers; and his Company does not have the luxury of being able to operate on an 8:00 a.m. to 4:00 p.m. or 5:00 p.m. schedule. He noted many technicians are called out at various times during the night; what has been said before about having to make trips from residences back to a particular pickup point to pick up vehicles would be true for his Company as well; the ordinance in the manner in which it has been written at this stage is not an ordinance his Company can support; and he is not clear on how it is a benefit to the County. He stated he supports the previous speakers’ comments; and the ordinance makes an undue hardship on the citizens.

Rich Harris, representing Orkin Pest Control, stated he agrees with the previous speakers; the cost of doing business is going to increase if the proposed ordinance is adopted; it will be a setback to a lot of people, especially those trying to fix damages due to the hurricanes; and his Company operates 24 hours a day, seven days a week.

James Rizek, representing Middleton Pest Control, stated his Company has over 25 trucks; one of the biggest benefits to his job is being able to take his vehicle home; there are areas of West Melbourne that face HOA restrictions and some areas that do not; and it is by choice. He noted the proposed ordinance is going to cause a hardship on the citizens by having service technicians going back and forth getting trucks and going to the service location; immediate response becomes impossible; the Company has service appointments sometimes at 7:00 p.m., 8:00 p.m., and 9:00 p.m.; and requested the Board deny the ordinance.

Sal Vitale, representing The Roof Doctor, Inc., stated it is a hardship for him to come here today and he should be working; before the hurricanes hit, he loaded the trucks and disbursed them to four areas that he works, in West Melbourne, Palm Bay, North Melbourne, and the beach side; the day after the hurricane he had the luxury of having his trucks on the road to help neighbors immediately; and they would be upset with the proposed ordinance. He noted they would not want to hear that his trucks could not get to them; he helped everybody he could; his men worked as soon as the sun came up until it was dark; and it was not a money thing, but trying to help people. He stated he lives on the beach in Melbourne Beach and lost his house; his office operated out of a gutted out building; the work was still done; and it was only because the trucks could be dispersed in all the areas. He noted he understands everybody wants to keep Brevard County beautiful and making believe there are no blue collar workers in the County; they depend on the white collar workers to protect them; blue collar workers are honest citizens and pay their taxes; and he only has five work trucks and they are in great shape. Mr. Vitale stated there are gated communities in the County; it cannot put a fence up around it and make Brevard County a gated community; there are homeowners associations that regulate; and he lives in a community with a homeowners association, and they are happy to let him have his truck there, especially during hurricane season.

Chuck Hoffman, representing TruGreen Chem Lawn, stated his Company services over 12,000 properties in the County with 70 employees; many of them enjoy the benefit, which is part of their compensation package, of a company-owned vehicle that they are able to take home; the Company provides insurance and gasoline as well; and the proposed ordinance would cause a hardship on those people, constituents, and the business. He inquired what is the benefit of the ordinance; stated the people in unincorporated areas or those that are in communities that do not have HOA restrictions by choice are going to be told how they should be perceived by their neighbors; the next thing the County will have to do is start trying to legislate color of home, length of driveway, overdoing the landscape laws, etc.; and it is a matter of aesthetics by a certain minority. He noted if the Board put this issue to a vote throughout the County, it would get shot down quickly; the pest control industry is the most heavily regulated industry in the State of Florida; they, by law, decal their trucks at a minimum of an inch and a half on each side; and to tell people, when they have been doing this since the 1950’s and 1960’s that they cannot park their trucks at their homes, would be an injustice and unfair. He requested the Board deny the ordinance.

Tom Herbert, President of Aladdin’s Magic, stated although no commercial vehicles have been allowed to park in residential areas, his technicians have been doing it as well as other people; the ordinance is going to put some teeth into something that has been let go and overlooked; the ordinance would be good to allow such parking; and he supports allowing the technicians to take the trucks home, which will allow earlier response times. He noted it is a disservice putting restrictions on people who choose to live in other areas.

Michael Iacobacci, representing Weather Engineers, stated his Company services from Titusville to Vero Beach 24 hours a day; it does a lot of refrigeration services also; his technicians service the Orlando area on emergencies; and it is imperative that technicians take their vehicles home. He noted his Company has all brand new vehicles; it charges for travel time; it would be ridiculous to not allow the vehicles in residential areas; and requested the Board deny the ordinance.

Curtis Black stated he has driven his company truck home for 22 years and there has never been a complaint from his neighbors; there is no unlicensed air conditioning activity on his street because his truck is there and they know he will turn them in; it benefits the neighborhood having his truck parked there; and he did not know he was not allowed to park his company vehicle at his home. He noted there are three or four other trucks that park on his street, so they do not know about the Code either; one house has a derelict boat, an old air compressor, and a bunch of trash in the front yard; no one has ever cleaned it up; and the County does not have time to take care of the present laws on the books. He stated his Company works 24 hours a day; it does all it can to benefit the neighborhoods the technicians live in as it benefits the business and makes it fit into the community better; when there is a nice-looking licensed air conditioning vehicle parked on a street it keeps the unlicensed people off the street as they know the licensed individuals are watching; and not allowing technicians to park their trucks at their homes will hurt businesses and neighborhoods.

Patrick Wallace stated he has a couple of employees who do not have a second car and cannot afford it; the complex where his company is located does not allow parked vehicles overnight; some of his employees are struggling to pay their bills; and people in this industry are usually young couples starting out. He noted such persons cannot afford to own two vehicles and pay the insurance; sometimes he works until 7:00 p.m. or 8:00 p.m.; if he has to take his truck back to the office, it is going to add another hour or hour and a half for him to get home; and sometimes technicians leave their homes early in the morning and drive straight to the service calls so the consumers do not have to take time off from work. He stated the technicians work weekends and holidays; his company’s gas bill every week is tremendous; law enforcement vehicles are marked and so are his trucks; and government is always making new rules to make it harder for legitimate licensed contractors to survive. He noted the County is telling the unlicensed contractors with no names on their trucks and no permits to have fun at it; such contractors work in disguise and will be able to respond to a service call quicker than licensed contractors can because they have to get their vehicles; the gas expense will be passed on to the customers; and he will have to rent another facility to park his trucks. Mr. Wallace requested the Board reconsider the issue; stated the ordinance makes it easier for the unlicensed contractors to do more work, and makes it harder for licensed contractors; his company trucks are well kept and clean; and its technicians and sales people take the vehicles home. He noted he agrees that box trucks should not be parked in residential areas because they are much larger; the service trucks are vital to the community; he had a popup camper in front of his house; and the City of Palm Bay sent him a notice. He stated he needed a permit to put a culvert in his front yard to back up the camper on the side of the house; the City would not give him a permit to do it and told him to put 2 x 4’s across the ditch; and he tried to do something and got turned the other way.

Craig Marcella, representing Comfort Experts, stated he agrees with the previous comments; not allowing service trucks in residential areas is not a cost-effective option; costs will be passed on to the consumers; and requested the Board deny the ordinance.

David Golding, Vice President of Tools Unlimited, Inc., stated he is present to address the box truck parking in BU-1 zoning; he has been involved with the issue for about 20 months since a Code Enforcement officer walked into his store and gave him a citation for having a non-permitted portable sign in the front of his store, which was his box truck that had Tools Unlimited, Inc. written on it; the issue went before a special master; and the special master said it is a vehicular sign, just as he claimed it to be. He noted he thought that would be the end of it; one week later Code Enforcement showed up again, said it received a complaint that his truck was blocking the view of something, and he would have to move the truck because he could not park it overnight in BU-1 zoning; he could not take the truck home or park it at the business; perhaps he could have rented something in some other zone to park the truck when it was not being used; but he got rid of the truck. He stated he now has to rent U-haul rental trucks when motor scooters, etc. have to be picked up; his company has to pay extra for delivery of other things; it has stopped selling items such as table saws that are heavy and require delivery because it cannot deliver them anymore; and it has hurt his business. Mr. Golding noted after the truck was moved, he called Code Enforcement and told it that Wal-Mart, Sears, and Home Depot have BU-1 zoning and park trucks there overnight; they are just as much in violation as his business is; he had to threaten a lawsuit in order for Code Enforcement to enforce the Code; and the ordinance says as long as they have a loading dock, they can park their trucks there overnight. He stated if a business has a back to the building, it can park trucks there overnight or screen the area; his business does not have any of those; it is a small business operating out of an old 7-Eleven store; and there is no area in the back of the building to hide a truck or have a screened parking lot. He noted the truck that was sitting in the front of his business was bothering absolutely nobody; it was blocking nothing from anybody’s view and was just sitting there; it was not used everyday; and there are a lot of businesses in the County that have their trucks parked out front because there is no other place to put them. Mr. Golding stated he is opposed to the ordinance as people would not be able to have delivery trucks anymore; and requested the Board change the Code to allow a box truck of some length to be parked out front because there is no other place to park it. He noted he does not believe the Board wants to restrict his business; it should want to help it; but right now it is hurting his business, and costing him and others in the retail business money.

Steve Lum, representing Slug-a-Bug Pest Control and Florida Pest Management Association, stated Brevard County is a wonderful place to live; one of the reasons is because it has been non-restrictive; the economy is heavily service-based; and he represents hundreds of people who will be affected. He noted he does not see the benefits; the costs are much higher than the benefits; business and citizens will suffer; and his company has 21 vehicles and the Association has hundreds of vehicles. He stated the affects are far-reaching; there are many companies that are home-based; they are going to have to buy or rent properties; it will cause an undue hardship; and the benefits do not outweigh the costs.

Glen Rokoff, representing Cavalier Construction, stated one of the reasons he lives in RR-1 zoning is to be able to park his vehicles on his property with no deed restrictions; if he wanted that, he would live in a little subdivision or deed-restricted community with a neighborhood association; one of the main reasons he prefers his vehicles parked at his technicians’ residences is for safety purposes; and those vehicles are loaded with expensive tools and equipment. He noted the vehicles would have to be parked in a parking lot somewhere or an unguarded warehouse area; he had a trailer stolen last year; he prefers to have his equipment parked where he and his technicians can keep an eye on everything overnight; and inquired will the people get to vote on the ordinance or is it just enacted. Chairman Pritchard responded it is enacted. Mr. Rokoff stated in the late 1980’s, Governor Martinez put a tax on goods and services; he does not remember if it was put to a vote; he was on television about four months later and repealed it saying he put the cart before the horse; and he did not get reelected. He noted the proposal is not fair.

Doug Vanderpost, owner of Slug-a-Bug Pest Control and past president of Florida Pest Management Association, stated on behalf of the pest control industry and the service sector in Brevard County, many service businesses depend on their service vehicles for transportation to and from work; the premise upon which makes the County, country, and economy strong is the free enterprise system; the ordinance imperils such system in a great way; and most of his company’s big trucks are left parked inside at night, but those employees who sell and do lighter services drive their trucks to and from work, which facilitates their services and saves time and money. He inquired is the ordinance in the best interest of the free enterprise system and entrepreneurship in Brevard County; stated the County wants to have a good economy; everyone’s livelihood is important; profitability would be affected by the ordinance; and inquired can the County infrastructure support enforceability of the ordinance and is it in the best interest of the County to be enforcing where the vehicles are parked. He stated the County is opening a can of worms and it is going to be a nightmare to enforce the ordinance; and requested the Board consider the issue carefully before it enacts the ordinance as it is not necessary.

Commissioner Voltz stated the second whereas of the ordinance says, “Whereas, the Board of County Commissioners finds it desirable to further regulate the location of recreation vehicles and boats on single-family residential lots”; she does not desire to further regulate those items; she comes from a blue collar background; and her husband parked his BellSouth truck at their house all the time. She stated the County is going to allow folks to park their vehicles in their garages at their houses, which they currently are not allowed to do; it is a positive for the ordinance; she does not know how the County cannot allow ladders on some of the vehicles; people need to be allowed to have them on their trucks; and regarding the issue of four square feet for commercial signage, the LPA recommended six square feet. She inquired is it six square feet on either side, and how does the County address vehicles that are totally painted multiple colors advertising something. She stated the ordinance also says, “No visible external modifications designed to be used in commercial trade”; and inquired is it like the large toolboxes or a generator in the back of vehicles and would they not be allowed.

Mr. Bowen responded the current Code prohibits any commercial vehicle from being parked in a residential neighborhood; staff agrees that commercial pickup trucks, vans, etc. under 24 feet in length should be able to be parked there; that is what the Code change is about, to do what the people who are present today want to do; and inquired will the Board allow that since the current Code does not say that, and does it want to limit advertising. He noted this is a proposed change; staff said four square feet; the LPA said six feet; and it is the Board’s decision.

Commissioner Voltz inquired is six square feet on either side or is it six square feet on one side, six square feet on the other side, and six square feet on the back. Mr. Bowen responded yes. Commissioner Voltz stated it is 18 and possibly 24 square feet. Mr. Bowen noted that is correct, six square feet on any given side. He stated if the County allows people to park their commercial vehicles in residential areas, the LPA indicated strike the language about external modification, ladders, racks, etc., which is fine; and inquired if the Board allows a certain square footage of signage, does it want a vehicle parked in open view with the ladders and external modifications for the neighbors to look at, or does it want the vehicle parked in the garage or behind a fence. He stated staff needs direction from the Board as to how far it wants to go and
what other restrictions, if any, does it want to place in the ordinance. He noted staff agrees with the folks.

Commissioner Voltz stated the people know better where their vehicles could be parked to protect them; she does not remember ever getting a phone call from a resident complaining about their next door neighbor parking his or her commercial vehicle in the neighborhood; she does not see where the County needs to regulate where people park their trucks because they need to have their trucks secure; and it was mentioned that a police officer told people to park the vehicles out front as it is safer. She noted when the vehicles are in the back fenced in, somebody can jump the fence and steal items; nobody knows until he or she comes in the next morning and notices everything has been stolen; there is no protection; and the people should have the ability to park their vehicles where it is safest for them.

Mr. Bowen stated he agrees with Commissioner Voltz; in fairness to the complainants who are not present today, one out of every nine complaints Code Enforcement receives has to deal with a neighbor saying he or she does not want to see commercial vehicles in his or her neighborhood; staff attempted to compromise and said the vehicles could be allowed, but with certain conditions if the Board approves same; and it is up to the Board as to what it wants to prohibit, if anything. Commissioner Voltz stated the ordinance has no affect on the cities and is only the unincorporated areas of the County. Mr. Bowen noted that is correct.

Commissioner Carlson stated the Ordinance has been in place for 20 years in its more restrictive form; the folks who are talking sound like they have just discovered it and the Board needs to deny the proposed ordinance; obviously it needs changes; and what the Board is doing today is loosening things up so that they can do what they want to do with some other restrictions in place. She noted she lives in the City of Melbourne, which allows trucks; it does not have any restrictions as far as she knows; there has not been a real burden in that portion of the City; she agrees with Mr. Bowen on reducing the restrictions on service vehicles because the intent is they are going to be there from 5:00 p.m. or 6:00 p.m. through the night, and where they are located is the best possible place for service provision, etc.; and she does not have a problem with it. Mr. Bowen stated by allowing the Code change, the number of complaints will decrease and not increase.

Commissioner Scarborough stated he does not know if everybody present this evening understands the full ramifications; it would be helpful if staff did a matrix on what is now and the suggested changes; after people know what is being discussed as changes from what it was originally, their comments may be more refined and be able to assist the Board further; and this is a liberalization, which allows more people to have their trucks in residential areas. He noted most of the comments have been not to proceed with the ordinance, which is totally against the substantive context of what they have been telling the Board; if staff did the matrix, shared it with the people, and rescheduled the public hearing, perhaps the comments could be more germane to the discussions.

Commissioner Carlson stated this is the first reading. Commissioner Voltz stated these people are self-employed and do not get paid for coming here; they have given up their day to sit here before a bunch of elected officials; and to make them come back again is absurd. Commissioner Carlson stated they are going to have to come back anyway because there is a second reading. Commissioner Voltz stated if the Board makes decisions now, the individuals may feel more comfortable. Commissioner Scarborough stated those persons assumed the ordinance was putting in restrictions when actually it was a liberalization; their time before the mike indicated they were not directly involved in how the ordinance should be structured; there are a lot of questions the Board may get into; and it will get into them without having those individuals’ participation. He noted if the Board wants to proceed in that manner, he is going to have a special meeting in his office to allow those people to meet with him; and he does not believe the communication is occurring to the level he needs to make a decision. Commissioner Voltz stated it came late in the game when a lot of people all of a sudden found out about the ordinance and thought the Board was going to further restrict what those individuals were able to do; and if it gives some recommendations today as to where it wants to go with the ordinance, then it is those folks’ choice as to whether or not they want to come back to the second hearing. Commissioner Scarborough stated his job is also to listen and let the people know what the impact of the ordinance is, which could be better understood through a matrix where they could see what was suggested and what items the Board is talking about; and if they see that, then they can communicate in a more informed way with each Commissioner.

Commissioner Scarborough stated the coversheet talks about the problem and what the LPA recommends about the change; it does not talk about where the change is from the current Ordinance; therein lies the County’s failure to communicate; and it needs to provide more information. He requested the matrix include what the Ordinance is currently, what is proposed, and what the LPA recommends; and stated there can be an area for individuals to put in their comments. Mr. Bowen advised it was done in the legislative intent. Commissioner Scarborough inquired has it been provided to the public; with Mr. Bowen responding he doubts it.

Commissioner Colon stated this issue reminds her of the Noise Ordinance; it is illegal for people to park their commercial vehicles in residential areas; folks today have requested the Board deny the proposed ordinance; however, they are talking against themselves. She noted some municipalities have ordinances that already exist; she agrees with Commissioner Scarborough that the issue is serious; the Commissioners receive a lot of complaints; and they have the data to back it up. She stated neighbors are complaining; there should be compromises in the proposed ordinance; the Board needs to do something to try and help those people; to not do anything means they are parking their vehicles illegally; and there is a lack of communication, and the ordinance needs to be massaged more.

Chairman Pritchard stated in the last 12 months, District 2 had 258 complaints out of 596 complaints, which is 43%; he asked Mr. Bowen yesterday how many complaints are repetitive; sometimes when one person is cited, he or she then becomes the vigilante and goes through the neighborhood checking on everybody else; and he can understand why a lot of these things manifest as they do. He noted the Board is trying to figure out a way to allow folks to park their vehicles legally; tow trucks should also be part of the ordinance; the County can provide information to the public so they know where it is going, and provide a matrix so they know what the Ordinance is, where it is the County would like to go, and what the LPA has recommended; and the LPA recommendations are reasonable. He stated people should be able to park anything inside their enclosed garages; the same for a backyard; as it is now, the visibility cannot extend above the fence; and there is not much that someone would be parking that does not extend above the fence line, including boats, certain types of vehicles, etc. He noted there are other adjustments that need to be made; the Board also has the other side of the community it is dealing with, which are those people who do not believe any type of vehicle should be out there, every car should be in a garage, and everything should be prim and pristine; and maybe that is at Disney World, but not in Brevard County. Chairman Pritchard stated the Board is trying to work it out so that people who have a need to have the vehicles have them where they should be.

Commissioner Carlson requested Mr. Bowen review what the municipalities do and provide the information to the Board; and stated she would like to compare and contrast what the County does and what the municipalities do. Chairman Pritchard stated the City of Melbourne does not have a regulation regarding this. Commissioner Carlson stated she does not know if it has a regulation, but it allows such parking; she does not know what the regulation looks like; it would be an interesting perspective; and maybe the County could make something simpler.

Interim County Manager Peggy Busacca suggested the Board forward the ordinance to the second public hearing; stated if it feels uncomfortable with the ordinance, it can continue the public hearing; and if it feels comfortable with such ordinance, it would reduce the number of times the people would have to come back to the Board.

Chairman Pritchard inquired can the Board abate any potential current enforcement while it is discussing the ordinance.

Assistant County Attorney Terri Jones responded the Board has done that; and the second public hearing will be held on February 15, 2005 at 5:30 p.m.

Commissioner Voltz inquired does the Board want to review the LPA recommendations. Chairman Pritchard inquired are there more LPA recommendations than the ones staff listed on the agenda report. Mr. Bowen responded there was a total of four LPA recommendations. Chairman Pritchard stated it will be part of the matrix.

Commissioner Scarborough requested the matrix be sent to those individuals who are present at the meeting this evening; and requested each person meet with Mr. Bowen at the end of this item and provide their name and address to him. Chairman Pritchard stated he has the speaker cards with the names and addresses.

Chairman Pritchard stated Mr. Golding brought up a good point regarding the parking of box trucks in BU-1 zoning; he is familiar with what Mr. Golding went through and with others in Merritt Island neighborhoods who have been parking their box trucks for years and have circumvented it through other methods; there are also the smaller businesses, such as Mr. Golding’s, where he is restricted as to what he can do, yet he has a business that requires delivery; and the Board needs to address BU-1 zoning and allow a box truck to be parked perhaps invisible to the public as there is no alternative as to what else to do without gerrymandering Mr. Golding’s operation and making it most difficult for him to operate a viable business. He noted sometimes with the best of intentions people seem to do the worst of things.

Mr. Bowen stated Mr. Golding’s situation is somewhat unique; he has to have so many parking spaces for his customers, which is part of the site plan; reiterated staff tried to relax the Code in BU-1 zoning to allow parking that currently is not there; but Mr. Golding’s case needs to be reviewed to make sure he does not violate his site plan.

Chairman Pritchard inquired did the relaxation include box trucks; with Mr. Bowen responding yes for BU-1 zoning. Chairman Pritchard stated that is where the Board needs to go and it should also be part of the discussion when it comes back.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to forward the ordinance amending Chapter 62, Land Development Regulations, Section 62-2117, Parking, Locating, and Storage of Recreational Vehicles, Recreational Equipment, Commercial Vehicles, and Heavy Equipment, and Motor Vehicles and Recreational Vehicles for Sale, to the second public
hearing on February 15, 2005, at 5:30 p.m. with recommended changes. Motion carried and ordered unanimously.

EASEMENT WAIVER FROM SECTION 62-102, RE: LOTS ABUTTING STREET END OF
CARAMBOLA DRIVE

Roger Vizioli stated he lives south of the property in question; he has been a Brevard County resident and property owner for over 38 years; and thanked Chairman Pritchard for a statement he made in the fall of 2004 in the issue of Better Business in Brevard, a quarterly publication of the Cocoa Beach Area Chamber of Commerce, in which it recognized him for his contributions to the County. He noted Chairman Pritchard believes his future is to continue preserving our quality of life here in Brevard; and read a portion of his comments, as follows: “If it is zoned for (20) housing units it will stay at 20 units. We don’t want to pave over paradise.” Mr. Vizioli expressed appreciation to Chairman Pritchard for his concerns about the County’s paradise; stated his presentation is based on this statement of maintaining the quality of life in Brevard and not paving over paradise; it is focused on a two-lot maximum requirement for the area in question; and previous proposals for the property recognize the potential of water runoff to adjacent properties and included an area for a retention pond. He noted lot sizes specified indicate room for a retention pond on the existing parcel, but if it is not incorporated, there might be a plan to route all the water in existing County drainage systems; such systems cannot handle the additional water; the County water drainage system in the area backs up now; the property in question, which is over five acres, retains a significant amount of water because it is well below the surrounding grade levels; and development and filling of this property would further tax the already inadequate drainage system, increasing the probability of water intrusion into surrounding yards and possibly homes. Mr. Vizioli stated the proposed approach cannot be accomplished at no additional cost to the County, which was inferred in the submittal; it will incur significant expense to upgrade the drainage system in South Merritt Estates; the dirt road requires constant maintenance now when used by existing homeowners; and the “limited amount of additional traffic” will exacerbate the situation and affect adjacent property owners by expending additional time and money. He requested the waiver not be approved; and suggested a total plan for the development, design, and construction of the area be submitted for approval. He stated the project is not a large one; the total package can be developed and the plan should address the two homesites, not three, the access plan, lot sizes, drainage plan, and a plan for tree removals and replacements, in lieu of the incremental process the County has been going through, which has and will increase time and money expended by everyone until it comes to fruition on the item.

Mr. Vizioli stated Warren Sumrall has an elderly mother and is not present yet; he has Mr. Sumrall’s presentation; and requested permission to read it in the record.

Chairman Pritchard stated Mr. Vizioli can provide the presentation to the Board for its review.

Bonnie Wilhelm stated she lives on Tract A; when someone buys a piece of property, he or she should understand the intent and abide by the zoning and Codes that affect the property as she has and all the properties surrounding her subdivision have; Mr. Thompson bought a piece of property without acquiring access; and he later bought her dirt driveway for access for $100.00. She noted Mr. Thompson could have easily purchased adjoining properties, which would have given him access to the property; instead he would rather obtain waivers to use an already questionable drive; according to Brevard County Codes, the dirt drive should only have two houses on an access drive; but it has three houses on it. She stated Mr. Thompson would like to put another three houses on the property; he wants a financial windfall; he bought the property from an older neighbor for a very low price due to the fact that it had no access; and the road has been a hardship to her for the last 19 years. She noted it washes out; trees have to be trimmed twice a year; trucks drive down it and create large craters; and it has to be marled and graded constantly. Ms. Wilhelm stated the road is not the way it appears on the plot; a culvert bridge was never built on the road, so people drive on a private neighbor’s culvert; electrical, telephone, and cable wires, water pipes, and mailboxes are on the plotted road; Mr. Thompson needs to build a culvert to get to the road; and the road is 12 feet wide and needs to be at least 25 feet wide. She noted Mr. Thompson would have to move all the utilities, water meters, and mailboxes; nowhere in the proposal does she see any such improvements or maintenance; there is not a maintenance agreement for the road; and she has paid $19,000 in maintenance for said road. She stated she has two other neighbors who now are sharing the road’s maintenance and will not pay to maintain the road for others; she hopes the Board will do its job by protecting its citizens; many disputes will be set in motion if the petitioner is allowed to circumvent the Codes of the subdivision; and requested the Board help the residents solve the problems they have and not create new ones for the courts to decide.

Attorney Mike Minot stated he represents the platted subdivision owners immediately adjacent and south of the development parcel, South Merritt Estates Lake Section; and showed the Board a plat of the property, which reflects Lots 1, 2, 3, and Tract A, which begins where Carambola Drive ends, such Drive being a 50-foot dedicated right-of-way. He noted Tract A is not a dedicated right-of-way; the development parcel is immediately to the north; and provided information to the Board, but not the Clerk. He stated information on the first page is a printout from the Property Appraiser’s map reflecting the relationship of the properties; the yellow highlight are the three lots in South Merritt Estates Lake Section; Tract A in the Subdivision is set out in the pink highlighted form; he circled the parcel number where the development tract is; and north of it is Hidden Hollow, which is a platted subdivision. He noted immediately to the east or to the right hand side of the page is South Merritt Estates, which is a separate platted subdivision; there are three platted subdivisions, which were developed pursuant to the platting requirements of the County and Chapter 177, Florida Statutes; and the developer is attempting to circumvent the platting process, as well as to have a deviation or circumvention from the County Land Development Codes. He stated the next page is a Quitclaim Deed dated September 1986, where the developer had purchased the interest that Ms. Elabash had in Tract A; and later in October 1989, the developer purchased the interest that Mr. Elabash owned in Tract A. Attorney Minot stated in that same month and year, the developer purchased a development tract, which is to the north of his clients’ property; his clients opposed the application; in looking at the criteria, which is important as to why the developer believes he should have a waiver to circumvent the platting process and Land Development Regulations, there are certain things that an applicant must show; it is the burden upon the applicant to do this; and Criteria 1 sums up the entire criteria when it says that the particular physical condition, shape, or topography of the specific property involved causes an undue hardship to the applicant. He noted one can see from the Property Appraiser’s map and the information in the application from the developer, the property is a long rectangular piece that was purchased in 1989 as the backyard of a lady who had a long piece of property that had frontage on Tropical Trail; she sold her backyard to the developer, which had no access at the time; nothing has changed from 1989 to present, neither the Land Development Regulations nor the property; and the developer has done nothing to try and improve the property so it complies with such Regulations. He stated the developer is coming to the Board and asking to get favors; there is also no other hardship because the Florida Appellate Courts indicate that financial hardship is no hardship at all; if someone is a developer, he or she needs to purchase the property and the condition or improve it with later purchases to meet the Regulations; and the platting process, which also is another burden on developers in order to bring the property to a proper condition, is required. Attorney Minot stated Chapter 177 relates to land boundaries and Part 1 is platting; the second page, Subdivision, is under the definitional section; it means the division of land into three or more lots; and the developer is attempting to do that as the application is to have three more lots, which will be serviced by Tract A, which services three additional lots currently and has been doing so since 1981. He noted three lots have been serviced by a non-right-of-way piece; the request is for three additional lots, for a total of six; the Land Development Regulations say there is a maximum of two lots; and there is good policy behind that with the problems associated with dirt roads, non-right-of-way maintained property, and the emergency vehicle situation that occurs there. He stated the deed restrictions to South Merritt Estates that govern his clients require them to maintain the road; they have spent thousands of dollars over the years to put marl down, spread the road, clear the road, and trim the trees back; there is no guarantee of anything that is going to be contributed from the three new lots, just the deed restrictions that affect South Merritt Estates Lake Subdivision; and there is nothing that affects the three lots that are attempting to come in without a platting process. Attorney Minot reiterated the developer is attempting to have favors given to him, which would be a financial windfall; and if the developer was required to comply with the Land Development Regulations and the platting process, he would purchase or do whatever is necessary to comply with those Codes and create access on his own.

Gene Canada stated his property abuts the subject property to the north; the issue was brought before the Board once before with a request for waiver of the 15-foot buffer rule around the subdivision; such waiver was not granted; and now the developer wants the property divided into three different lots. He expressed concern with the disproportionate size of the lots; stated the first two lots are approximately one acre in size with the back piece off of Carambola Drive being two acres and change; he is afraid the sequence being put in place is to get those first two lots in there, and then come back later with a different waiver to make more lots on the bigger piece, which would put the residents in a position where they may have been with a subdivision that was proposed originally. He noted there is nothing wrong with anybody having a piece of property and doing what they are entitled to; the two lots are fine; but a waiver should not be granted in this case to allow anything in addition to that.

Ralph Maccarone stated he has been a resident and taxpayer of Brevard County for over 20 years; he has lived in Hidden Hollow Subdivision for the last six years; and requested the Board deny the request of Mr. Thompson for the easement waiver to increase the development density of his property from two lots to three lots. He noted this is the fifth time he has been before the Board concerning this parcel; he is not present just on his own behalf; there are several residents of Hidden Hollow and Carambola Drives, and Coconut Lane who cannot attend every meeting on this issue; and they have asked him to speak for them. He provided a letter from neighbors in Hidden Hollow Subdivision to the Board, but not the Clerk; stated the current access this property is afforded, according to staff in the Land Development Department and discussions at the December 17, 2004 Board meeting, allows Mr. Thompson to develop his property with two lots; if the parcel was divided into two lots, each lot would be approximately two-plus acres in size; and it would make the lots compatible with the surrounding lots of the South Merritt Estates Subdivision. He noted access to this parcel is gained through Carambola Drive and Tract A, which is in South Merritt Estates; with the lots being roughly two-plus acres in size, there would be no hardship on Mr. Thompson by complying with Section 62-102, which allows a maximum of two lots to utilize that same access stem; currently there are already three lots using that access stem; and Mr. Thompson has stated in three previous meetings that the money he has invested in this land purchase has constituted his retirement savings. Mr. Maccarone stated the important point is that the Board is not the custodian for his or Mr. Thompson’s retirement plan; Mr. Thompson is trying to have Brevard County bail him out by asking for this waiver so he can develop this tract with three lots; it is not the Board’s job to insure that financial gains are maximized in regard to people’s investments; and Mr. Thompson can put two lots on this parcel and get his money back without any problems.

Mr. Maccarone stated any waiver approved by the Board for this tract would be a clear mistake at this time; he realizes Mr. Thompson has the right to develop his property and he is not present to stop him from doing that; with the current state of development in the County, it is not the right decision for the Board to grant the waiver; and the issue that concerns him most is what will happen to the two and a half-acre parcel. He inquired will it be subdivided again if the item is approved; stated Mr. Thompson has stated time and again that Hidden Hollow Subdivision is dumping a lot of water onto his property; at the October 17, 2002 Board meeting he presented a letter dated September 26, 1996 from St. Johns River Water Management District to Mr. Thompson stating that Hidden Hollow runoff was not the problem; and also at the meeting he showed photographs of standing water on the subject property. Mr. Maccarone stated the Agenda Report mentions if the waiver is granted, a drainage plan will be reviewed by the appropriate agencies; and inquired should it be done prior to granting the waiver. He noted the final point concerns the review of the waiver form; Item 4 states that the taxes going to the School Board will exceed $80,000 per year; and inquired where did the figure come from. Chairman Pritchard responded it is an error. Mr. Maccarone requested the Board deny the request for waiver.

Dick Thompson stated he has been before the Board with the project for two and a half years; he is not prepared with a lot of drawings, etc. as the item was on the Consent Agenda; he purchased the property about 16 years ago and bought the dirt driveway at the same time, serving four acres adjacent to the property in question; and he did it after carefully checking with the County and St. Johns River Water Management District. He noted in talking with the County, he wanted to make sure if he bought the road, etc. that it would serve the four acres and the answer was yes from the County engineer; he gave the objective in writing to the County and the Water Management District when Hidden Hollow Subdivision was constructed; he complained to them that drainage from the back half of their lots was going to be dumping onto his property; and they made a decision that it was a problem, but was not serious enough because he did not have a water quality impact from the drainage on his property. He stated he still has to handle the volume of water that they put there; he went to the County and District and received no assistance, yet it is against the law; about six years ago he began design and permitting of an eight-lot subdivision called Staghorn, with special design for drainage of the Hidden Hollow Subdivision discharges on his property; to make the project viable, he needed a variance of the 15-foot buffer perimeter that the Board had enacted; and he requested it and there were a series of hearings over six months. He noted the variance request was denied; in the course of the discussion, one or more of the Commissioners suggested to him publicly that he reduce his request to three or four lots instead of eight lots; and that is what he has done to make sure it met with the Board’s approval, even though he takes a financial loss in going to three lots. Mr. Thompson stated the property is zoned EU, the same as all the properties adjacent to Staghorn Subdivision; it is an infill project, the last vacant property in the vicinity, which is an objective of the County; the dirt driveway he owns is an extension of Carambola Drive; and it is in good condition and has served as ingress/egress for the three existing lots that the Board has heard about over the last 15 or 20 years. He noted it will remain a private driveway and be maintained by a users agreement of all of the property owners served by the road; he does not see any problem with it; the property owners who eventually buy the developable lots will own the road in front of them with an ingress/egress provision that now exists extended to all of the affected parties; and requested the Board support the variance request.

Commissioner Carlson stated there is an easement that exist and there are three houses on it; Ed Washburn explained to her and Ms. Busacca that Mr. Thompson is up for the first lot and can qualify to get it currently because there are three homes on the easement already; if there was no encumbrance on the easement then Mr. Thompson could have two lots; but he is asking for a waiver for three lots. She noted if the Board approved the waiver to begin with it would be non-conforming; and the Board needs clarification on what Mr. Thompson is asking for.

Interim Assistant County Manager Ed Washburn stated Mr. Thompson’s request is for two lots; he can get access for the lot closest to Carambola Drive; he does not need to come to the Board right now; and if it went all the way back toward Tropical Trail, then it would be one large lot. He noted when Mr. Thompson came before the Board previously, he had eight lots and asked for the waiver to the 15-foot buffer; he has reduced his request from eight lots to three lots; there are already three existing homes there, so the request before the Board is for a total of five lots to access that easement; and it does not include the first lot. He stated the Board can grant the waiver to two houses off of one access easement if it desires.

Interim County Manager Peggy Busacca stated non-conforming means that it was legal at the time that it was constructed and the rules changed; and this would not become non-conforming and would simply be a waiver that the Board had granted.

Chairman Pritchard stated Mr. Thompson could do two lots without approval and an additional lot with Board approval. Mr. Washburn noted that is not correct because there are three lots already existing off of the easement. Chairman Pritchard inquired were the three lots existing then; with Mr. Washburn responding he does not know how they were done, but they were existing when Mr. Thompson came in before. Mr. Washburn stated Mr. Thompson knew what he needed to do; if he was not going to plat it as an actual eight-lot subdivision and wanted to access by easement, this is his proposal; and it would require Board waiver for the two additional lots. Chairman Pritchard stated he remembers the conversation; and the Board said at that time Mr. Thompson could do two lots, and with Board approval, a third lot. Commissioner Carlson noted it would be on an easement that was not encumbered. Chairman Pritchard stated if the easement was encumbered, then that was the discussion. Commissioner Carlson noted she does not know if the Board knew that or not as she does not remember the discussion. Chairman Pritchard noted that was the direction Mr. Thompson was given; he has massaged it from eight lots to three lots in order to attain that; and the Board needs to review the minutes of that meeting to see what the discussion was and the direction provided.

Commissioner Voltz stated she was not on the Board when the discussion took place before; she did not realize the item was going to be a problem being on the Consent Agenda; and she is not prepared to vote on it today as she does not have enough information on the history and background of it.

Chairman Pritchard stated he would like to receive a copy of the minutes so the Board can review what was said, what the discussion revolved around, and what the intent of the conversation was; he recalls it was that Mr. Thompson could do two lots, and with Board approval a third lot; and he does not recall anything about an encumbered easement with three lots on it at this point. He noted Mr. Thompson has shown a willingness to come back from eight lots to three lots; there was a concern by Mr. Canada about taking lot number three and further subdividing it later; and inquired is it something that could happen or would the lock-in be at three lots as proposed. Mr. Washburn responded Mr. Thompson would have to come back before the Board for a waiver for any additional lots.

Commissioner Colon stated she has a problem when a lot is chopped up so much that it messes up the whole integrity of the neighborhood; the lots are huge; there is also a drainage problem; and inquired would the neighbors feel more comfortable knowing that the other piece of property will not be further divided. She stated it needs to be discussed today.

Mr. Maccarone inquired if the third lot is approved, what is to say six months down the road Mr. Thompson is not going to come again before the Board and say he has access and ask to subdivide the property again for five houses.

Commissioner Colon stated the lots are nice pieces, which would not hurt the integrity of the community; the Board needs additional information to see what the minutes reflected; she is happy about the reduced number of lots; and she wants to hear from the applicant to see if the property will be subdivided again.

Mr. Maccarone noted once Mr. Thompson sells the properties he is not going to care what is done with the last lot.

Chairman Pritchard inquired does Mr. Maccarone’s property border on the north side; with Mr. Maccarone responded yes. Mr. Maccarone stated he owns Lot 19. Chairman Pritchard inquired how large is Mr. Maccarone’s lot; with Mr. Maccarone responding about one-third of an acre.

Ms. Busacca inquired if the County Attorney can assist the Board by providing options for ways to limit further subdivision of the larger lot.

County Attorney Scott Knox responded if the Board is going to approve the configuration, it could attach a condition to it saying the applicant cannot divide it any further.

Ms. Busacca inquired would it be a condition of the waiver; with Attorney Knox responding yes. Ms. Busacca stated there would be no further waivers in the future. Attorney Knox noted that is correct.

Chairman Pritchard requested Mr. Thompson address the third lot. Mr. Thompson stated the property has special features; one of them is a low area dug by the farmer who years ago put his own roadway through the property and left some low depressed areas, which filled up with water after a healthy rainfall; there is a natural retention area; and the two and a half acres is needed because of the lowness of some of the ground and a retention facility there. He noted he submitted a plan to the County that consists of putting swales around each of the properties and leading to the east alongside Hidden Hollow Subdivision where water is draining onto his property, and collecting the water and taking it to the existing County drainage ditch on the east side of the property.

Commissioner Colon inquired is Mr. Thompson comfortable including language that the property will not be further subdivided and will only have one home. Mr. Thompson responded he feels bad that the Board is having to do that as more houses may be needed 10 or 15 years from now; but that is somebody else in the future, so it is not his concern. He noted he does not have any problems with what the Board is doing.

Commissioner Scarborough stated he would not mind reviewing the minutes as Chairman Pritchard suggested; and if Commissioner Voltz wants to table the item, he will support a motion to do so.

Motion by Commissioner Voltz, to table waiver of maximum two-lot requirement to allow one lot abutting the street end of Carambola Drive and two additional lots to access an existing 20-foot wide dirt driveway with three existing homes, to the January 25, 2005 meeting to allow the Commissioners to review past Board Minutes concerning the issue.

Chairman Pritchard stated Mr. Thompson reduced the lots from eight to three; they are large parcels of one acre, one acre, and two and one half acres; the other property owners’ lots are one-third acre; and there has been a reasonableness on Mr. Thompson’s part. He noted what he recalls from the conversation is in essence what Mr. Thompson said, he can have two houses and with approval, one more house; he is not sure how the encumbrance came about because he does not remember the discussion; and the Board will review the minutes to refresh its memory. He stated if the minutes reflect that what he recalls was not part of it, it does not mean the Board might not approve the item; but it will be better informed.

Commissioner Scarborough seconded the motion.

Commissioner Colon inquired about the wording for the third lot. Chairman Pritchard stated it would be a three-lot parcel and no further subdividing of the third lot. Attorney Knox advised that is fine.

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

The meeting recessed at 11:54 a.m. and reconvened at 1:08 p.m.

PRESENTATION AND EXECUTION OF ORDER OF DELEGATION AND OPERATING
AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,
RE: OCEANFRONT SANDBAG SYSTEM INSTALLATIONS

Mark Brimer, Mayor of City of Satellite Beach, stated the City has had a long-standing positive relationship with the Board; it was instrumental in its beach purchase process, Patrick Air Force Base annexation, and Pelican Beach Park process; following Hurricanes Frances and Jeanne, federal, State, County, and local representatives met to establish a strategy to address the devastation caused by the recent hurricanes; and as a result of the meetings, two objectives were identified. He noted prior to the 2005 turtle season, the dunes within the Mid Reach would be reconstructed and vegetated to match conditions which existed before Hurricane Frances; there would be continued efforts to provide beach renourishment to the Mid Reach consistent with renourishment efforts north and south of the Mid Reach, which were completed within the last two years; during the Legislative Session in December 2004, the Legislature passed and the Governor signed a bill providing $3.54 million for reconstruction and revegetation within the Mid Reach; and today the Board will be receiving a report on the bids for the project. He stated due to the considerable damage to the dune systems within the Mid Reach and the very short window of opportunity to complete the reconstruction and revegetation of the dunes prior to the turtle season of 2005, an emergency situation exists; the City encourages the Board today to take all the necessary action to insure that proper authority is given to staff to finalize the bid process so that within the next five days an award can be made and reconstruction commenced as soon as possible; and the City strongly urges the Board to delegate authority to the Interim County Manager to finalize the necessary bid award and contractual documents in order to immediately facilitate reconstruction of the dunes. Mayor Brimer stated the City stands ready to work with Brevard County, State of Florida, and federal agencies in the cooperative identification of a solution to accelerate the beach restoration schedule for the Mid Reach; during the recent Legislative Session, FDEP officials stated Brevard County had not made a permit application for renourishment of the Mid Reach; it appears the efforts today have been devoted to address the environmental issues relating to the hard bottom habitat, commonly referred to as the worm rock issue; and the City is willing to work with County staff to immediately apply for a beach renourishment permit even though the worm rock issue has not been resolved. He noted based on the City’s interaction with federal, State, and local officials over the last three months, it appears everyone is on the same page regarding the urgency for addressing renourishment issues within the Mid Reach; the cooperation has been exhibited by Congressman Weldon, State Senator Mike Haridopolos, Representatives Thad Altman and Mitch Needelman, County Commissioners representing the Mid Reach, Commissioners Susan Carlson and Jackie Colon, County staff, and elected and appointed officials of the Cities of Satellite Beach and Indian Harbour Beach; substantial progress has been made; there clearly is a unified front; and everyone needs to capitalize on the momentum and proceed immediately to accelerate the schedule for renourishment of the beaches within Satellite Beach.

Chairman Pritchard stated the Mayor of the City of Indian Harbour Beach concurs with Mayor Brimer.

Natural Resources Management Director Ernie Brown stated this dilemma started with trying to resolve permitting between the State and County as it related to sandbag pliable or soft shoreline protection systems, in particular, shoreline protection systems that are subterranean underneath the sand allowing for a threefold benefit, which is property protection, economic sustainability for the beaches, and natural resource conservation allowing for turtle nesting over top of the sand systems. He stated the Ordinance specifically discourages armoring for Patrick Air Force Base, seawalls, etc.; State law allows for those things; what DEP has agreed to do for the County in order to allow for these types of shoreline protection projects to go in is to delegate the authority to the County for enforcement of the conditions in those permits; and DEP would issue the permits based on the County’s ability to enforce the conditions of those permits, which creates a win-win situation for the citizens of the County. He noted Mike Barnett of DEP is here via telephone and can give the Board a detailed explanation as to what the order of delegation means and what it involves.

*County Attorney Scott Knox’s absence was noted at this time and Assistant County Attorney Eden Bentley’s presence was noted.

Patrick Dorsy commended the Board for taking the lead and assuming responsibility for monitoring the sandbag installation; stated Archie Carr National Wildlife Refuge is a central turtle nesting area worldwide; the provisions appear to be drafted very restrictively in contemplation of use in the Refuge; and in other areas of the County or other areas in the State, the conditions set forth in the order are too rigorous. He noted the delegation order should not be the limiting document prohibiting installation of sand-filled containers in turtle nesting season; the Florida Administrative Code, Florida Statutes, 2004 Hurricane Recovery Plan, or an incidental take permit may otherwise allow for installation in season if certain rigorous conditions are complied with, which are dealt with in the delegation order; however, installation would still be prohibited. He stated the monitoring timeframe should be three years, which is consistent with other similar projects; and right now it is set for five years and requires nesting and monitoring surveys to determine the impact on sea turtles. He stated Indian River County recently went through the process of having a habitat conservation plan put into effect; there are two years of surveys required for the project; the sand cover required is five feet; and a landowner would have to spend $4,000 per 100-foot section for sand. He noted the average turtle depth required for loggerhead turtles, which comprises 95% of the turtles in the County, is 24 inches; so if there are scientific studies that Florida Fish and Wildlife Commission (FWC) has to support more than three feet, he would like to know what they are and the Board may wish to request them; in any event if there were a higher sand requirement, he would submit that maybe five feet at the toe of the dune would be more appropriate and three feet on the rest of the sand-filled container; and there needs to be some type of benchmark for controls. Mr. Dorsy stated if the County goes for five years and looks at turtle nesting with five feet of sand, at the end of five years it is not going to know whether less rigorous and costly sand requirements could have achieved the same protection for turtles; there should be established benchmarks throughout the document; there is a provision in the order that requires the sand-filled containers would be removed if they fail; failure is usually where it tears apart or becomes dysfunctional; and failure is defined in this document as failure to provide three feet of sand cover at the end of turtle nesting season. He noted the failure should be linked to significant adverse impacts to turtles to give it effect; and the sitings should be as determined by a licensed coastal engineer and consistent with the Florida Administrative Code, which would require siting as close to the dune escarpment as practical.

Jay Sample, President of Advanced Coastal Technology, Inc., commended Mr. Brown, Virginia Barker, and others who have been negotiating with the powers that be in Tallahassee; stated if the Board accepts the delegation order it will be one small step for it, but one huge leap for dune stabilization in the County; he finds it most pleasurable that the Board, from this community that fostered space travel, would have the vision to consider something other than rocks, concrete, and steel on the coast; and as a native Floridian, it offends him to see those things scattered across the beaches. He noted his purpose for the past 25 years has been to try to develop systems to stabilize the natural or reconstructed dune while they still exist; during his short 64 years on this planet, he has watched the dunes go from two and three dunes at Hutcheson Island to no dunes; if there are 600 or 700 miles of critically-eroding shoreline out of the 1,300 or so miles of shoreline, whatever has been done is not working; and encouraged the Board to accept the delegation order and responsibility to oversee new technology for the community. He stated the technology is not new however; he has been working at it for 25 years and put miles of projects in place during that time; there are three separate systems, each one designed for a separate level of storms; and the first and most Neanderthal or primitive of his work began at Johns Island in the 1980’s. He noted recently a gentleman from Vero Beach’s volunteer turtle monitoring program told him he knew he was catching a lot of heat from the turtle folks, but they do not have the facts; turtle monitoring results from North Johns Island are that people have seen three to four times the level of turtle nesting on and behind those systems than on natural beaches that have never been touched; those small structures were outclassed by the recent storm events; and the backshore sill involving the older technology with two small sandbags on the bottom and one on the top was designed for high frequency, low magnitude storm events. Mr. Sample stated they were only three feet high and were designed to protect the toe of the dune from scour and that is it; some of those structures have been in place and functioning for 20 years; Hurricanes Frances and Jeanne blasted most of them out of the water; but at $125 a foot, the people who lived calmly behind them for 20 years thought that was a good value. He noted the second technology, a direct relationship to the first, but an improvement, is called ProtectTube; it is designed not for the high frequency load magnitude storms like the backshore sill, but mid-frequency and mid-impact; those projects have been in place on both coasts of Florida since 1988; and the highest level of storm protection is by the subsurface dune restoration system, which was reported in the newspapers in Vero Beach. He stated the results of the two storms in Vero Beach on Caledon Shores will show that his company can design for whatever level of storm and the County can get a permit for and can afford.

Mike Barnett, Bureau Chief with FDEP, stated he would have liked to have been present at the meeting today, but weather conditions in Tallahassee prevented him from making his flight this morning; and the efforts of the County are to be commended on the order of delegation, County staff, and resource agencies that the FDEP was required to coordinate with, including the Florida Fish and Wildlife Conservation Commission and U.S. Fish and Wildlife Service. Mr. Barnett stated the majority of the conditions, as Mr. Dorsy outlined, are the result of biological requirements of the State and federal resource agencies in protection of marine turtles; and as to one of the comments about siting, the interpretation in the order of delegation is sufficient as written. He noted it is going to be the discretion of the licensed engineer to determine the proper siting and location of that in concert with Department staff review; the failure criteria for the number of years is five consecutive years of that cover requirement not being met; it would be deemed failure; and it is a fairly important distinguish to point out.

Mr. Brown stated the negotiation process is a new concept; DEP has been very cooperative from the perspective of using Brevard County as a pilot; it requires continuous evaluation and reevaluation of the conditions; and they need to be tested and looked at closely by professionals inside and outside of government to evaluate their effectiveness. He noted if the Board chooses to accept the order of delegation, it may want to consider accepting it with renewed and continued interest in looking at those conditions regularly to make sure the County is doing what is correct; it is allowed for in the delegation agreement as the County moves forward and the science strengthens; and it can be refined and improved for the benefit of the shoreline.

Commissioner Voltz stated Senator Mike Haridopolos sent the Board a letter; and requested Ms. Busacca read it into the record.

Ms. Busacca stated the letter is dated January 11, 2005 from Senator Haridopolos and was sent to her as the Interim County Manager; and read the letter, as follows: “Dear Peggy: As you know, the Florida Legislature recently convened in order to address post hurricane issues, including dune and beach restoration. My strong belief is that we must continue to implement new and proven technologies, while leveraging in a prudent manner our limited financial resources. To that end, I am pleased that we have been able to secure for the citizens of Florida the financial resources necessary to immediately begin the restoration of our beautiful coastline. During the special session, I was honored to work closely with the Honorable Colleen Castille, Secretary of the FDEP. I am pleased to inform you that Secretary Castille has agreed to issue an experimental permit for the new shore beach restoration system to Brevard County. This will be the third such permit the State has issued for the new shore beach restoration system. This system has proven to be exceedingly effective. In fact, the State recently issued a permit for Inlet Beach in Florida’s Panhandle. Installed on the hurricane-ravaged beaches on November 5, 2004, the new shore system has resulted in over 3,500 cubic yards of new sand in the permitted area as of December 15, 2004. It continues to build more beaches as the installation is still in place. This is an exciting opportunity for Brevard County residents to benefit from what promises to be the most advanced, cost-effective, and environmental-friendly beach restoration system available; however, this is not to be mistaken with other beach restoration technologies. The new shore patented system is portable and easy to install. I have requested Dr. Charles Benedict, President of New Shore, to contact you and members of the Brevard County Commission. This will afford you, your staff, and the Commissioners the opportunity to discuss the timeline of the installation and to answer any questions. I trust Brevard County will take advantage of this opportunity to join the FDEP in continuing to restore our beaches. Sincerely, Mike Haridopolos, State Senator.”

Commissioner Voltz stated using new technologies is something the Board needs to look at because what has been done before is not working; New Shore can be removed and put back as often as need be; FDEP is very strict with permits; and it is issuing permits for this new technology. She noted it is easy to get a permit when it is experimental as FDEP is willing to try something new; Governor Bush and Senator Haridopolos have been on the forefront of this issue; she is probably going to look at what is going on at the beach in northern Florida to see for herself what is happening; and perhaps a staff member can go also.

Commissioner Carlson inquired about the types of technology the County is now allowed to use through the experimental permit and does it open it up not just to the new shore restoration system, but to other new technology as well.

Mr. Brown responded the order of delegation before the Board is expressly for dune stabilization practices; the new shore technology is for beach renourishment, which has to go hand-in-hand; an effective dune has an effective beach; however, they are two distinctly different technologies for two distinctly different purposes. He stated the letter from Senator Haridopolos is encouraging and very good news; however, it is a distinctly different technology and a distinctly different permit that staff is reviewing very closely. He noted what staff has talked about in this particular Agenda Item is a distinctly different technology and a specific order of delegation for that technology; what is proposed without going into encouraging a particular patented product, the concept for pliable soft shoreline protection structures, are a subsurface system that is placed in the dune that allows for sand to exist over top of it during the turtle nesting season; it protects the dune during times of storms, hurricanes, and natural-occurring erosion; and the dune system is protected in its totality. He stated the new shore product is an emerging product and the current patent has some new improvements on it from previous netting systems that have had problems relative to the biological impacts; staff is trying to work with New Shore now to have some presentations; it is something that extends from the beach into the actual surf that collects the sand as it transports; and it reduces the energy in the water and drops the sand there to build up the beach system. Mr. Brown noted one of the big questions dealt with is stealing sand from down beaches, which is the case for traditional groins; Port Canaveral is one of those sand traps; however, this is a new technology that proclaims to not actually create that problem; and staff will meet with New Shore to review those things.

Commissioner Carlson stated the County is dealing right now with getting FDEP’s okay to take on the dune restoration; in the dune restoration scenario there are different sandbag systems that are available; and inquired have all of the available sandbag systems been approved by FDEP through this order so that the County can look at geo-tubes or whatever other system might be out there that is found to be worthwhile. Mr. Brown responded the order of delegation was written that any subterranean pliable soft shoreline structure system that met the criteria could fall under this particular permitting process; it has to be engineered; any system that meets the criteria, which one or two systems do, would fall under the permit, but it has to be a dune protection system. Commissioner Carlson stated Mr. Sample was in her office giving her a display of some of the things that Protech 3 Sand System allows for; such sandbag system has gone through hurricanes and has proven to be a positive thing; and inquired how does the County get the information out to people who want to look at that as an option to the dune restoration for their homes. Mr. Brown stated staff can assist in gathering that information within the office and provide alternatives, not explicit to one particular product, but the concept and materials so people can get informed; the County has the types and engineering specifications for other types of shoreline protection; this is a newer system; and staff can gather the information and make it available. Commissioner Carlson stated she would like to see if there was any feedback and results from the study undertaken by the State government based on the four hurricanes that hit. Mr. Brown stated staff will obtain the information for the Board and public-at-large, and make it available on the website.

*County Attorney Scott Knox’s presence was noted at this time and Assistant County Attorney Eden Bentley’s absence was noted.

Commissioner Colon stated the Board is tired of studies; folks were trying to have a certain kind of foundation at The Villagers; her frustration was that the County was not thinking outside of the box and not looking at the kind of technology that was available; and Congressman Dave Weldon has been very kind and put all the agencies together to determine who was stopping the process. She noted the County was able to unveil some of the things that were going on; the Cities of Satellite Beach and Indian Harbour Beach worked hard and everybody was frustrated over the issue; today there is a united front; and she requested the letter from Senator Haridopolos as it is crucial in today’s discussion as the County is not only going to talk about dunes, but also sandbags. She stated there needs to be a comprehensive approach; the County has been studying the issue to death; reiterated today there is a united front by all the different agencies; and she is excited that FDEP is on the phone and listening. She noted there are a few hundred citizens of Brevard County frustrated, angry, and they have had it; and they are happy to see everything is finally coming together.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to execute Order of Delegation and Operating Agreement with Florida Department of Environmental Protection to supervise and enforce certain permit conditions for oceanfront sand bag systems; and authorize the Interim County Manager to execute monitoring contracts with each sand bag system permittee, subject to approval of the County Attorney and Risk Management.

Chairman Pritchard stated there are several areas within the Agreement that need to be adjusted; Mr. Brown eluded to the three-foot versus the five-foot, the three years versus the five years, and nighttime lighting surveys being conducted; most of the requirements in the Agreement for this type of structure do not exist for other type of beachfront structures, like vertical seawalls; and inquired why have these conditions been put in for this type of structure. He noted he is hoping it is not to cause them to fail so that the County would go back to a vertical structure; such structures are detrimental; it takes sand from the beach and there ends up being water against the foundation; and the County is assuming responsibility for sand maintenance over the structure.

Mr. Brown stated the County is assuming the responsibility to enforce the sand maintenance; the permittee would be responsible for it; and the County would be enforcing it but would not take on the responsibility of putting the sand there. Chairman Pritchard stated all of the items he mentioned he assumes the County cannot negotiate at this point; and it needs to move the item and address the other issues at a subsequent time.

Mr. Barnett stated that is correct; the Agreement is a culmination of coordination and consultation efforts with Florida Fish and Wildlife Conservation Commission and United States Fish and Wildlife Service. Chairman Pritchard stated he appreciates everything that has been done; but he has several concerns that he and the Board will be addressing; and the County will get back to FDEP to see what can be done to improve the monitoring and necessity for some of the conditions that are being imposed.

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

The meeting recessed at 1:44 p.m. and reconvened at 1:56 p.m.

CITIZEN REQUEST - CLIFF DICKINSON, RE: PRESENTATION OF SAVE OUR
SEASHORE REGARDING BEACH RENOURISHMENT ON MID REACH

Natural Resources Management Director Ernie Brown stated the item pertains to the Mid Reach and the dire circumstances that the beach residents are dealing with relative to shoreline protection, dune stabilization, and the process through which the County is moving to accomplish those ends.

William Jergens, Florida Institute of Technology (FIT), stated the Mid Reach was started because of a great need; the sand renourishment that took place on the south and north ends did a tremendous job for those beaches; but for the beaches where the residents’ present today live, they have received no sand renourishment; and there is going to be a second renourishment, but the residents will not receive such renourishment until 2009. He noted for beachfront owners it is unacceptable; as soon as the hurricanes came about, the Save Our Seashore (SOS) was formed; its first meeting was held at the Satellite Beach Auditorium; and it wants this issue to be a coalition of a large number of people working together with government officials. He stated sand renourishment is a serious issue that needs to be addressed now; and the goals of the SOS are to restore the Mid Reach beaches with sand so the dunes are protected and to assist with the restoration and plans for protecting the dunes.

Cliff Dickinson stated the history of this issue lies in the building and expansion of the jetty, which was absolutely necessary; there cannot be a jetty without having some kind of a plan to also renourish the beaches; it is a natural outcome of building a jetty; a 50-year plan had been put in place, but as work got started, erosion became evident in the area. He noted several
groups took some authority at that point to stop renourishment of the beach, claiming environmental concerns; such concerns that have been posted to this point are problems with a migratory worm that has made its way here from South American shores; it deposits its waste on the rocks and leaves a substance called worm rock; and it is the rock that was shattered and smashed during the last hurricanes and littered the beaches. He noted the coquina rock that is exposed from continuous erosion is what the beach should be lying upon; it is foundation material for the sand, is uncovered, and should be restored; there are departments, such as Fish and Wildlife that have concerns regarding this rock; they are calling it essential fish habitat; and the word essential means one cannot do without it. He stated there is not a fish out there among the rocks that cannot do without the rocks; it is not essential and is detrimental; as the tide recedes, the pools of water that lie west of the rocks harbor fish that get trapped in the tide recession; they are part of the smorgasbord for the birds; and what does not get eaten by the birds tend to die as the water dries up and the tide does not come back in quick enough. He reiterated it is not essential fish habitat; the residents do not know why there are so many obstacles; they want such obstacles to go away; and if they are valid, the residents want to hear what the reasons are. Mr. Dickinson stated all of the condominiums have building permits to be there; the residents are not going away; the dune needs to be established at a common line; and there needs to be such a line throughout Brevard County. He noted he would love to see the dune hardened and maintained; it is worthless to have a dune built up without putting some sand back on the beaches; many places that have renourished the dune for residents’ protection of their property, the high tide laps away at those areas; the history of the problem is one of erosion and roadblocks; and it is time to get rid of such roadblocks.

Mr. Jergens showed pictures to the Board and audience of the Mid Reach area before and after the hurricanes, and the condominium where he lives. He stated Jackie Burns, City Manager for City of Indian Harbour Beach, mentioned she has lived here for 25 years and 25 feet of the dune has been lost; 25 feet was also lost due to the hurricanes; the oldest condominium in the area is Indian Harbour Beach Club; and there was a nice beach there in 1984. He noted a major concern of the residents is to return the beach the way it was; and showed additional pictures of destruction on the beach from the hurricanes and where beach restoration has worked. He stated he remembers when the beach at the end of Fifth Avenue was much smaller than it is now; it never was as nice as it is right now; and showed a photograph on the widening of the beach from the beach restoration. He noted the beach will receive renourishment before May 1, 2005; the residents want to be part of it and should be; they have done a lot of work and dune replacement; and the biggest concern is the erosion from water. He stated the residents do not have the sand they once had; the Cities of Satellite Beach and Indian Harbor Beach have calculated the amount of sand lost as a result of the hurricanes; the residents understand the support the County wants to provide them; and they had to have a dune, so they built a dune, but erosion has occurred. Mr. Jergens noted such erosion is a real concern and the residents need the County’s help; members of SOS asked him if other counties have similar environmental shoreline problems; he talked to Dr. Lee Harris, Professor of Oceanography and Ocean Engineering at Florida Tech; and he has been studying the County’s beaches for the last 20 plus years, and today is giving a presentation dealing with dune hardening. He stated Dr. Harris told him other counties have such problems and have solved them with this type of environmental concern; he asked Dr. Harris why sand renourishment has not taken place on the Mid Reach beach areas; and he responded he did not know why and seemed bewildered why sand was not put on such area. Mr. Jergens stated the residents would like to see sand on the area by May 1, 2005; no matter what is done for the dunes, if there is no sand on the beaches the dunes cannot be protected; they are going to wash away; and inquired what is the solution. He noted he is an environmentalist and knows what the solution is and has been for other counties; one has to mitigate the rocks and there needs to be mid-shore artificial reefs; other counties are doing that; and Brevard County needs to do it soon and proceed immediately.

Tuck Ferrell stated the County needs to protect the Space Coast, which is part of Brevard County’s name; if it does not make immediate repairs to the beautiful beaches and dune structures, it could lose them; it could end up getting a black eye; and tourism is the Brevard’s number one industry in the State of Florida. He noted the County’s number two industry is citrus, which is in serious trouble; the trees are dying and causing blight; there is hurricane destruction; and the County may lose the citrus industry entirely. He stated the County does not need to do that with the beaches; it needs to be helpful, move forward, and do something about the situation; it has been hit by four hurricanes; and there is terrible destruction that has happened here, which could affect the economy. He reiterated something needs to be done before the beaches are lost; if the dunes are not restored, they are going to fall in and people are going to lose their homes; the whole community is going to have a huge economic loss; and the tax base will be gone. He stated it could affect the whole Barrier Island and then the river and the mainland if something is not done; the issue is critical; the first picture he gave the Board shows destruction of the dune in Indian Harbour Beach; and another picture shows a restored beach called Ambersand in the Vero Beach area below the Inlet. He noted there is a proliferation of turtle nests; it is the turtles and the people versus the worm that excretes worm manure; it gets broken up in the surf; and it is a very dangerous thing. Mr. Ferrell stated a good friend of his stepped in one of the holes from the worm and almost lost her foot and died; the rocks are covered up because the sand profile was extended when the dune eroded; there are no fish living on the rocks since they are covered by sand on the beach; and the hard bottom issue has been used to stop the whole situation, and it is eroded bottom and not a reef. He requested the County put the sand back where it belongs because the dune has eroded; stated something needs to be done for the turtles; in looking at the profiles of the beach, there is no chance the turtles will survive; and they may lay their eggs, but there is very little chance the eggs will survive as they will be inundated by water. He noted if the County restores the dune it will help the people and the turtles will have a nesting area and be able to survive; the worms are not native; the Board needs to weigh the issues, including the cause of the people who have their homes here and their economic livelihood; the residents care about the County; and everyone uses the beach. Mr. Ferrell stated the public beach is also eroded and the people cannot use it; and everyone needs to work together.

Debbie Dickinson showed a picture to the Board and audience of a turtle that had died while trying to nest; and inquired are the residents next. She stated a lot of time has been spent on studies; SOS formed after the hurricanes; it went to a meeting at Eastminster Church and was told no Mid Reach and it was going to be studied until 2009; and someone at the State level said then the County could reapply for funds. She noted the meeting fell apart at that point; there was a large exodus; SOS said it needed to organize and find someone to listen to it; and it started doing research on its own. She stated the conclusion is who benefits from the dune and beach renourishment are the homeowners, taxpayers, tourists, and all the people who live in Brevard County because they love living in a beachside community; the people who benefit from the studies are those who are getting paid to do them; there are lots of studies and documentation; and the academic community in the area has done a wonderful job. She requested the Board spend the funds on renourishing the beaches for all of Brevard County, deny budget and resources for further study of the Mid Reach beach, and remove the authority of the people and government agencies who circumvent the needs of the County and taxpayers. Ms. Dickinson stated enough is enough; when SOS met with Commissioner Colon it was a breath of fresh air to hear finally someone at a government level saying they agree, enough is enough; as SOS has done its homework and continues to do so, it has found that the County is not aligned with what is happening in other beachfront communities in Florida and other states; other counties have renourishment projects ongoing; and every county faces environmental issues. She noted regardless of that, they find ways to get sand on their beaches; Bel Aire Beach has renourishment in progress; during the storms the waves were washing over the dune line; and the beach was restored, there is a dune line, and it is beautiful. She stated Anna Marie Island had erosion; the beach was restored and is beautiful; it did not take five years or studying until 2009 and only took two weeks; and there are a lot of wonderful, professional community people here, including scientists and individuals who have worked with the federal government. She noted there are also people here who have worked with the Army Corps of Engineers; the citizens are passionate about the issue; after the meeting at Eastminster Church when SOS announced its organization, there were 370 people who showed up at its first meeting; and there are over 1,000 names on a petition.

Chip Rohlke stated he lives in a condominium in Indian Harbour Beach; he agrees with Ronald Reagan, who said the nine most feared words to man are, “I’m from the government, I’m here to help you”; a lot of people here today can relate to that statement, especially after destruction of the hurricanes and trying to deal with the federal government; and he personally got involved in the beach erosion issue after Hurricane Jeanne. He noted he met David Olan, an ocean engineer at the Disney Resort in Vero Beach; he later introduced him to Jay Sample and Lee Harris; at that time he was concerned with the further erosion issue as the dune stabilized, and endangering many more properties along the beach; and after several meetings with Senator Haridopolos, Representative Dave Weldon’s office, Commissioner Carlson, and others, he joined forces with Mr. Dickinson in trying to help work on some of these issues. He stated the technology is there to offer long-term protection to the beaches and dunes; the problem seems to lie with a number of the environmental groups on permitting the systems; current law requires property structures to be in immediate danger structurally; and since most recent structures are piling-based, the state will not permit permanent beach protection systems. Mr. Rohlke noted it is wrong and systems like Mr. Samples of geo-textile dune armament system have proven to be a safe system for both humans, turtles, and the environment; it is also very effective and a low-cost long-term protection solution; they generally last anywhere from 20 to 30 years; and once installed they are totally invisible. Mr. Rohlke stated current long-term solutions to beach erosion include such systems as dune armament, renourishment, and artificial reefs often used in conjunction and together as a system approach; eventually the County will want to consider these and other options to protect coastal resources; some of the new technologies like artificial reefs, are in the infancy of the research and development phases; and Messrs. Samples and Harris are directly involved in such efforts currently, both in Miami and California. He noted as far as current renourishment and dune stabilization in the Mid Reach area where he lives, while the County is preparing to renourish the North and South Reach areas, the State of Florida has allocated monies to stabilize the dunes in the Mid Reach; this would best be served not by trucking and buying millions of cubic yards of sand for the area, but by coordinating with offshore pumping stations and using the sand they would be pumping nearby anyway as they renourish the north and south areas; instead of paying $40.00 a yard they could do it for $2.00 a yard; and they should renourish the whole Mid Reach area and do the whole job at one time. Mr. Rohlke requested the County work with a citizens steering committee that includes experts in the field of ocean engineering and could help set policy, goals, future projects, and make Brevard County a showcase of intelligent and cost-effective coastal management for the benefit of all its citizens.

Mr. Dickinson requested the Board’s help, to act now, and find the roadblocks; stated the residents will help the County remove those roadblocks; and requested the Board publicize the names and speak publicly about what their objections are. He stated if a common dune line can be established to protect all the properties, the County can put sand back on the beach using a system such as what has been shown today; it is cost effective and doable; it is not impossible; if the County starts trucking and buying the sand it will take forever and is very expensive; and requested the County get the sand and bring it back as it is the best method. He noted there is nothing left above high tide that the turtles can nest in; there will be another failed nesting season in one of the most prolific of turtle-nesting grounds in the State if the County waits to renourish the beach; and requested the Board act now.

Sharon Brown stated she was shocked when she came back to her residence and saw the dune; her house was sitting on the northeast corner by two feet; in the last two days she has put $20,000 of sand in; and since her neighbor next door cannot put sand in yet, her sand may not stay there, especially if a northeaster comes in and there are no tubes to save it. She noted her $20,000 will end up going back into the water; and urged the Board to renourish the beach.

Bob McCarty provided pictures to the Board, but not the Clerk, of the sand dunes before and after the hurricanes; stated the beach has deteriorated; there is a photograph of the ocean with red dots going across it; and they are the domes of the sea worm. He noted he is the Chairman of Save Our Worms Society (SOWS); a healthy beach is conducive to healthy worms; the worms need more sand; and requested everyone love the worms to death. He stated there is a 4-G sand generator; there are 27,865 references to artificial reefs; in 1977, Thomas Garro did a study that using electrical current on metal frames in seawater can increase growth of crystal-lying limestone; and low voltage direct current passed over frames can grow reefs of any size and any configuration can be grown for the purposes of reef restoration and shore protection. Mr. McCarty noted rapid growth of calcareous algae supplies sand for beach restoration; as the reefs grow, they cement themselves to the sea floor; damage is quickly repaired; and third generation technology uses solar-based power. Mr. McCarty stated a high school student in California developed and has patented a wave-generating electrical conductor generator; it will generate sand; and with that and the fat worm, there is a viable system and dunes for the turtles to nest.

Howard Sieber, President of Monaco Condominiums, which is South Patrick Shores; stated protection of the beaches is important; the residents have experienced a great deal of erosion; and the beaches are not just for the condominium dwellers, but are very important to the protection of their property. He noted the beaches are for all the people of Brevard County and the tourists; he is not very patient with people who interfere with nesting turtles; renourishment and dune restoration are critical; and there are programs ongoing, including purchasing sea oats and replanting them. He stated it is difficult to plant sea oats on a sheer cliff, which is what is in front of Monaco Condominiums and many other buildings; and encouraged the Board to do everything it can to help move the processes forward and stop the studies. He noted if the County continues to study until 2009, there is going to be nothing to worry about and the studies will be moot.

Al Berke stated he resides at the East Horizon Condominiums located in Satellite Beach; he represents 83 owners of the Condominiums; they are concerned about whether or not they fit in with the Mid Reach program; and he does not know the geographical boundaries of it. He noted the owners live in the unincorporated area of the County, also known as South Patrick Shores; and inquired are the Condominiums included in the Mid Reach program along with the Cities of Satellite Beach and Indian Harbour Beach. He noted finances were included in the newspaper dated December 16, 2004 concerning beach repairs; a $209 million plan to repair the dunes was passed in a final vote in the House and Senate; on December 17, 2004, Florida TODAY included details of the relief package; and the $534 million hurricane relief package passed the Legislature and included $68.4 million in beach and dune restoration. He inquired how did the plan change from $209 million to $68.4 million in one day.

Chairman Pritchard inquired where are the parameters of the Mid Reach. Mr. Brown responded Mr. Berke lives in the Mid Reach section; and the parameters go from south of Patrick Air Force Base (PAFB) to the north end of Indialantic.

Virginia Barker, Environmental Management, advised the Mid Reach includes all of the beaches between the north end of the South Reach and PAFB, whether it is unincorporated Brevard County or Cities of Satellite Beach and Indian Harbour Beach; and everything that is not included in the Mid Reach is between the South Reach and PAFB.

Chairman Pritchard inquired where does the north end of the South Reach stop; with Ms. Barker responding just north of the town limits of Indialantic in unincorporated Brevard County across from the Pizza Hut. Ms. Barker noted it is 7.6 miles starting at the southern boundary of PAFB.

Mr. Brown noted he cannot answer the question from Mr. Berke regarding funding from $209 million to $68.4 million as it needs to be answered by the Legislature.

Mr. Barnett stated he is not sure where the $209 million came from; the 2004 hurricane beach and dune recovery plan prepared by the FDEP was always the $68.4 million figure; and there was no change in the figures that were presented to the Legislature during special session. Chairman Pritchard stated it could have been a slight inaccuracy in the reporting then.

Pat Utecht stated he is a 40-year resident of Satellite Beach, was Mayor for the City for some time, and spent 25 years on the Beach Erosion Advisory Committee; the Board has heard the term “frustration” used this afternoon; imagine his level of frustration after being a member of the Advisory Committee where the announcement was made that the Mid Reach portion would be excluded from any restoration efforts; and he expressed his displeasure greatly. He noted he is no less upset with it today; 25 years later there is nothing; it used to be a joke that the original engineers and consultants would determine how much sand would be required to do the replenishment; and when the weight of the studies and reports equaled that, the job must be finished. He stated such job is not finished; the County is going back over the same grounds again; it comes down to a matter of whether worms have a higher degree of priority than people; and the answer is determined somewhere. He noted when it was announced that the Mid Reach was going to be excluded, he personally tried to find out who made the decision by name or office to see if he could meet with them to try to come up with some rational understanding of how the decision had been reached; he never saw so many people ignore that and run and hide; if it came down to trying to pin down a person and ask for his or her reasoning or rationale, the individual was not to be found; and the Freedom of Information Act did not do a bit of good either. Mr. Utecht stated the residents were stuck in the position of not being able to argue, discuss, talk, or do anything about the issue; he hopes the Board will be able to take some action to mitigate the problem, get it under control, and authorize somebody to do something; there has been 25 years of inactivity; people have indicated they do not need to worry about it until A1A starts to disappear; and it is not too far away, so something needs to be done soon. He noted he hopes in his lifetime that he can see something accomplished; but it depends on the Board to take positive action; and the County and its citizens would owe it a debt of gratitude that would be seldom matched by anything else it could do.

Steve Moosman stated he and his wife used to live in California; they always traveled and vacationed in Florida; Brevard County was one of the places they enjoyed visiting the most; so for the last 20 years they have been trying to get moved here with their jobs. He noted they are both civil servants, work for the government, and do not earn a lot of money; they invested everything they had together and bought a lot in Satellite Beach to build a house; 15 or 20 years ago they would stay at Cape Winds in Cape Canaveral; and during that time period, the water would lap against the rocks. He stated today one can walk 50 yards before he or she run into the ocean; the beach is beautiful there; people enjoy themselves and spend money in the County; and the economic impact of the beaches is enormous. He noted when he and his wife purchased the property in Satellite Beach, they hoped sooner or later that someone would decide to do the same thing in the Mid Reach section as was done down in the south and north; it is coming down to the question of whether it is people or worms; if it comes to artificial reefs or replacing rocks off the shore, he understands it costs more money; but if that is what it takes, it needs to be done. He stated there needs to be sand and a buffer on the beaches; the only way it is going to happen is hydraulic pumping, which is the only thing the Corps of Engineers is going to permit; if it takes dumping extra rocks in the ocean for an artificial reef it needs to be done; and there is $8 million set aside for Brevard beach repair. Mr. Moosman noted most of it will be spent doing things that do not need to be done, such as putting sand back on beaches that did not lose sand because there were permits in place; there is $3.5 million set aside for the Mid Reach section for dune repair; a good part of it may be wasted; and the sand is needed as he lost probably 20 or 25 feet from the south end of his property where there is a seawall that encroaches into his land. He stated the vertical wall creates enormous erosion; the City of Satellite Beach recognizes the problem and is on board; he was concerned when the Mayor of the City of Satellite Beach stated the County could apply now for a permit to get this done, but has not do so; and inquired why the County has not started the process. He inquired why is there a five-year process and what can be done to expedite it and get it done this season.

Chairman Pritchard inquired is there an expedited process that the County has been negligent in. Mr. Brown responded the process it is currently dealing with is under the Corps of Engineers renourishment plan, which includes the North and South Reaches; one of the previous speakers mentioned that the Mid Reach was pulled out of that, which was 1996; the Corps of Engineers is going through another study now; and the General Reevaluation Report (GRR) is looking at bringing the Mid Reach back in. He stated it is the long process the County is currently involved in; the benefit of that particular process comes down to money; the Corps of Engineers cost share is approximately $50 million or $55 million; and the County could move ahead tomorrow and put in an application for permits to do it on its own without Corps money. He noted if the County could come up with funding itself to do the work now, it would be $72 million to do the Mid Reach to full renourishment, like the North and South Reaches, and do the mitigation offshore and create an artificial reef; the 50-year maintenance program to maintain the beach would have to be done by the County on its own absent the Corps of Engineers; it is approximately $150 million; and working with the Corps, it would provide about $90 million of the $150 million. Mr. Brown stated it was a financial decision that was made by the County several years ago, but it would not preclude it at this juncture from moving forward to get permits to do it independently.

Susan Valentine stated she lives in Melbourne Beach; she is not in the Mid Reach, North Reach, or South Reach areas; and inquired where does she get her sand. She noted she built another dune for the County and needs a beach; she is not on any sort of program; the end of South Reach is about seven miles north of her; and inquired what is to become of the oceanfront residents in south Brevard County.

Mr. Brown responded Ms. Valentine is not on a system to get beach renourishment; she is getting the six cubic yards per linear foot of the dune restoration; Ms. Valentine is not in the renourishment zone for the South Beaches, including the Archie Carr area; and such areas are not in the plan. Ms. Valentine inquired what should she do; with Mr. Brown responding hang in there as the FEMA sand is coming. Ms. Valentine stated she does not need FEMA sand as she just spent $25,000 on sand; and six cubic yards per foot is not going to do anything for her property.

Chairman Pritchard stated one of the things the Board needs to address is the entire shoreline and not worry about Mid Reach, North Reach, South Reach, and no reach; and it needs to look at from Volusia County to Indian River County as one reach.

Craig Gosling stated he supports the comments from the previous speakers.

Hal Manns stated he lives in The Horizons in the South Patrick Shores area; he is a retired Colonel and comes from New Jersey, where he lived in Long Branch; in 1997 the water was lapping up against the boardwalk area; and sand was put in there. He noted the city was going downhill; it is now economically positive; and the economics are tremendous if the beaches are renourished.

Scott Abrahams, representing SOS, stated he supports beach renourishment; his mother lives on Ocean Street and lost about 35 feet of sand; Mr. Manns made a good point concerning the economic issue; and he is going to look at the problem from outside the box. He noted in 2004, the Pentagon released a report on global warming; the significance of the report is the amount of resources that were spent on it, which was more than any other report of its kind; the significance of the Pentagon releasing it is it took global warming from an environmental standpoint to a national security standpoint; and every year, six months out of the year is hurricane season. He stated for the next 20 years that is 120 months to have the opportunity to solve this problem; renourishment of the beach is a short-term solution to a long-term problem; as most people know, hurricanes come off the west coast of Africa and generate a lot of their energy from warm water; and the warm water gives the hurricane the opportunity to generate into a larger hurricane, which is what people saw this year with Categories 4 and 5 hurricanes as opposed to a Category 2 or 3 hurricane. He noted when talking about global warming and its impact on all shorelines, not just the Florida Coast, most people think the problem is a lot bigger than what the solutions call for; for instance, if people got nine miles per gallon more in their vehicles, they would consume 40% less oil, which is the direct result of most of the warming of the planet; he represents a group of people who are thinking about their grandchildren and want to be held accountable; and he is asking everybody here to do the same. Mr. Abrahams inquired out of the 120 months, how many opportunities are there going to be for a hurricane to wipe out Satellite Beach no matter if the beach is renourished or not; and proposed the opportunity for Satellite Beach to stand out by saying it is not just going to be renourishment of the beach, but other things like advocating managed development. He stated managed development is good for the community and the shoreline; he grew up in Florida his entire life and has seen a lot of mismanaged development; when he sees condos going up 50 feet from the beach, he asks how to develop smarter in order to get less damage from this particular byproduct of global warming; and requested the Board think about its grandchildren. He noted renourishing the beach is not going to stop hurricanes from coming on the East Coast of Florida.

Linda Loizzo stated she lives part-time in Satellite Beach and is a police chief in North Miami Beach trying to earn money to put sand back on her beach; and expressed appreciation to the Board for what it has done so far. She noted she does not have to have all of her teeth out before she goes to the dentist; the residents that have been prudent enough to build on pilings do not need to be in imminent danger before they should be able to do some sort of re-banking on their beach, whether it is sandbags or anything else; it needs to be addressed at the State level; and she does not want her home in peril. She stated she has lost 35 feet of beach; she feels nautical when she looks outside; she bought her house with the idea she was going to retire there; and she likes to run on the beach and sit on it, but now she cannot look at the beach because there is no beach. She requested the State keep that in mind; stated residents’ insurance is severe; she spent $10,000 renourishing with sand, steps, etc. that the $16,000 deductible did not cover; and she is a civil servant, has worked 30 years to try and retire on the beach, and would like a beach there when she retires. She requested the Board put the $19,000 she paid in taxes this year toward sand on the beach; stated she bought property in the South Beaches; the sand naturally accrues on the north side of Sebastian Inlet; and the erosion problem is severe in the Satellite Beach and Mid Reach beach areas, and all the way down to the Melbourne Beach area because of the Cape jetty. She noted everyone needs to stop talking about the issues; she understands the $70 million that the Corps of Engineers is going to provide; someone needs to hold it accountable now; and she does not want or need any more studies. She stated two years from now she will be a ship and the studies will not matter; she drove a long distance to attend the meeting today; she wants to leave here knowing that there is a plan of action; and the Corps of Engineers needs to cough up the money, but not in 2009, as it will be too late. Ms. Loizzo noted the County needs to look at the issue as a long-term plan and collectively do it; it is doing the north and south; and there is a simple solution.

Attorney Mason Williams, representing Gray, Robinson Law Firm, stated the Firm fought the battle of beach erosion and shore protection project against the Corps of Engineers for over a decade; and with the County’s, Port’s, and everyone else’s help, there was authorization for the project that took place. He noted the Board wants to solve the problem and there is no question about it; he knows the history of this intimately and many of the roadblocks involved, most notably the Magnuson Stevens Fisheries Conservation and Management Act, which requires the National Marine Fisheries Service to protect essential fish habitat; the area of worm rock has been designated as a national habitat of particular concern; and it is a lot of what the County is up against. He stated the solution is mitigation, but the dollars are directly related to how much mitigation; 50% of the worm rock area is in the northern two miles of the Mid Reach; to solve the entire project is a heavy monetary situation; but part of the solution is mitigation and accelerating negotiation of the project. He advised in 1996 there was no negotiation over the worm rock area because of time; that history is known that Congress had to authorize the project by the end of December 1996; the environmental impact statement came out dealing with the worm rock area; and there was no negotiation that took place because of time. He stated it was in many ways a tragedy; there needs to be acceleration of permits as part of the solution and money; even if the County does the project itself, the permits must be obtained; and any protest filed from any environmental group will stall the permits. Attorney Williams noted the dollars are hard to be found in this day and time, but political leadership is required to do this at the federal, State, and local levels, and all at the same track; the solutions are to change the federal regulations that are involved, obtain emergency relief from them, or work within them; and the tracks should proceed at the same time. He stated when his Firm undertook the litigation against the Corps of Engineers starting in 1992, it lasted for 10 years; during the course of that, the Firm engaged the entire Federal Congressional Delegation, State and Local Delegation, Port Authority, TDC, and the County; Ms. Barker was magnificent during the entire process; and it was a tremendous combined effort. He noted there is a difference this time, which may be in the County’s favor, as there have been four hurricanes that have elevated the political antennas of the people involved to do something here; there is also an authorized project for the North and South Reaches; to leave a hole in the entire reach of the Mid Reach does not make sense and never made good sense; and another factor in the County’s favor is that Governor Jeb Bush’s brother is in the White House. Attorney Williams stated the Board wants to do something about this; the solutions are to engage perhaps on a task force basis, the County, State, and federal officials to attack the federal regulations and obtain emergency relief from them or obtain acceleration of permitting under them; all of those things can possibly proceed at the same time; and it will take strong leadership.

Commissioner Carlson stated during the 10-year span, the Corps of Engineers said it was going to have the transfer station, but did not; it would have alleviated all of the problems currently; and inquired where did things lie there, and is Attorney Williams indicating it would be worthwhile to go that direction again based on the long-term perspective.

Attorney Williams responded in 1962, the Corps of Engineers authorized the sand bypass for Brevard County, but it never was constructed; in the late 1980’s, the coastal engineering community decided that a fixed sand transfer plant was not an economically-feasible solution in most coastal inlet circumstances and went instead to a situation of periodic dredging and bypass; it was authorized by Congress in 1994; and it was a 100% federal project that took place in 1995-1996, and is going to take place again shortly. He stated it is a critical element because restoring the natural flow of sand along the coast is critical to maintaining the beaches for the future; and it is currently authorized and moving forward.

Ms. Barker stated the first bypass was constructed in 1995 and the second one was in 1998; the next one was supposed to be 2004, but funding was delayed; and the schedule for the next bypass is 2006.

Marvin Jason stated he lives in Satellite Beach; there is a great turnout today, but 60% of the people who live in the condominiums north of him are not there due to repairs; repairs to parks affects everyone in the community; and inquired does the County put in sand for the parks only and not the residents, or does it leave them out because of the worm. He noted there would be a much better turnout at the meeting today if everyone knew that all the parks may not have the sand; most of the commercial hotels on A1A are being repaired; they need a good beach; and when he purchased his condominium in 1976, the dune was 35 feet further out at sea than it is now. He stated it is about 40 feet now; global warming is a red herring; if one goes back far enough in history on the earth, he or she will find out that it was just a burning inferno; and there has been wave generation in Brunswick for over 30 years, and it is no big deal.

Commissioner Voltz stated the County does not have $70 million, but it has studied the issue to death; it or the State cannot continue to spend any more tax dollars on funding another study; if it studies any more it is going to end up having to study how to replace A1A; and it appears the new shore system will rebuild the beach as soon as possible. She noted it is very inexpensive; it is a system the County needs to look into; if it decides to put sand on the beach and has to pay FDEP $50 million, it does not have those funds either; and inquired what should the County do.

Commissioner Colon stated she has called Congressman Dave Weldon’s office and anybody she can think of; if the Board is determined the beach renourishment is the route it is going to go, then it needs to see what options are available; if the County says it is going to take care of the issue and not depend on anybody else, the numbers are ridiculous; and the direction today needs to be to get all the data. She noted Congressman Weldon’s office is trying to get the numbers, calling the West Coast, and everywhere else where renourishment has been done individually; if those areas are able to do it, so can Brevard County; it needs to handle this itself, see how much it costs for the barge, dredging, pipes, etc.; and sometimes governments and agencies want others to depend on them, but the County has waited long enough. She stated this issue affects the economy of Brevard County and not just the area in question; and inquired does the Board need to continue to be under the shadows of the State and everybody else, or should it take the bull by the horns and move forward.

Commissioner Carlson stated she is all for the County trying to do something itself, but she is also a realist and it cannot fix this problem with money, unless it has a good coordinated plan for the short-term and long-term; it has to look at what dollars it can leverage from federal and State shares and where it falls short on the County’s share; that is a critical piece; and dropping what FEMA and the State are going to give the County and going on its own is not going to solve the problem. She noted perhaps staff could do a report on the dollars; and she would like to get a follow-the-dollar trail to see the FEMA and State dollars, what bids the County has gone out on, and where it is falling short. She stated for the dune project the dollars are falling short by about $1.15 million; the County needs to look at the General Fund, ask the Legislature for more money, or something; and it needs to look for a common funding source that is long-term. She stated it is some of the bigger decisions the Board has to make; it also has to look at the entire community and other things in order to come up with a plan that is going to make sense for everybody; she does not have that plan, but the County is going in the right direction; and the Board has all the information it needs in front of it as far as the costs, federal share, State share, and what the County share needs to be, but it all needs to be on one piece of paper to tell it where it needs to go and what opportunities it has to get there.

Commissioner Voltz stated the Board needs to take the bull by the horns and say it is going to do whatever it can and try to go after the permits, start the project with whatever little money it has, and go after State, federal, and whatever funding it can get; TDC dollars can be used to renourish the beaches; it needs to spend those funds; and it needs to stop sitting back and saying the State or federal government does not want to give the County money, and get the people to call their Congressman, Senators, and everybody else and say they want the beaches done and are not waiting until 2009.

Commissioner Scarborough stated Attorney Williams’ comments were very good; regardless of what happened previously, the Mid Reach is extremely important to Brevard County and the Board is not going to walk away from the Mid Reach; it does not know if it will ever get any federal money or not; permits are important; and if the County does not get the permits it is not allowed to do the project.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to report back to the Board as soon as possible with the permit process, pretending that money is not an issue. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the Chairman to contact Senator Bill Nelson, Congressman Tom Feeney, and federal lobbyists to express the concerns of Brevard County constituents. Motion carried and ordered unanimously.

The meeting recessed at 3:31 p.m. and reconvened at 3:40 p.m.

INTERLOCAL AGREEMENT WITH CITY OF MELBOURNE, RE: LOCAL REGULATION
OF REGISTERED CONTRACTORS

Chairman Pritchard stated the gentleman who requested the agenda item be pulled from the Consent Agenda is not present any longer.

Interim Assistant County Manager Ed Washburn stated this item was initiated by the City of Melbourne and Item IV.A.14. was initiated by the Town of Melbourne Beach; they wanted to avail themselves of the County’s process for not only unlicensed contractors, but if someone had a complaint against a contractor, the Town and City do not have the structure set up to process those complaints; and both the Town and City have signed the agreements. He noted the County is currently operating with the City of Satellite Beach and Town of Indialantic; and this would be an additional two areas for the County to service.

Commissioner Carlson stated this is a fee-based program.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Interlocal Agreement with the City of Melbourne to establish a centralized and uniform system for the local regulation of registered contractors pursuant to Parts I and II, Chapter 489, Florida Statutes within Brevard County, for a period of three years. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH TOWN OF MELBOURNE BEACH, RE: LOCAL
REGULATION OF REGISTERED CONTRACTORS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Interlocal Agreement with Town of Melbourne Beach to establish a centralized and uniform system for the local regulation of registered contractors pursuant to Parts I and II, Chapter 489, Florida Statutes within Brevard County, for a period of three years. Motion carried and ordered unanimously.

SUPPLEMENTAL RESOLUTION, RE: ISSUANCE OF NOT TO EXCEED $45.0 MILLION
ENVIRONMENTALLY ENDANGERED LANDS LIMITED AD VALOREM TAX
BONDS, SERIES 2005

Walter Pine requested the Board deny the item; stated he has been asking for information on the issue for some time; one of the issues to consider is whether the money that has previously been obtained through bonds has been properly used; and the money has been leveraged for as much as 50%. He noted the County is looking at about $60 million or $70 million; that means there is another $35 million somewhere that is supposed to be recovered from various State agencies and then reused; and if the money is leveraged at 50%, it means total expenditures from the original amount is $138 million, with $68 million of it being repaid and re-utilized. He stated there should be some record of this; all of these purchases have been justified in part by their leveraging that the County is going to get 50% of it back from the State; and inquired is it working or not. He noted he has requested the documents, but have not received them; and inquired has the Board received any documentation that shows there is a need to purchase the property and where is the science. He stated it has a purpose; and inquired is the purpose being fulfilled or is the County buying property just to buy property. He noted if it is doing that, then there is no constitutional reason for the County to purchase the property, regardless of whether or not it was passed by a referendum; there has to be a need and a purpose; at the last meeting when the bonds were discussed with The Nature Conservancy and EELS, they both explained that the EELS people do not have the expertise; and The Nature Conservancy allowed its Contract to lapse and agreed to continue what was ongoing. Mr. Pine stated Item VI.D. on the agenda is to discuss getting the new consultant; part of the issues under the new consultant include site reviews, etc.; some of the parameters for the reviews has changed; and in the case of wetlands, it is significantly changed from parameters, which was some arbitrarily discussed and chosen set of rules to now being functionality. He noted it is not as close to science as one would like, but it is one step in the right direction; the reviews that will occur now will be substantively different in regard to wetlands than they were previously; any consultant that comes on board now may have a completely different answer to a review than what was done six months ago; and the County is going to issue bonds for property that it is not sure meets the standards. Mr. Pine inquired was the money encumbered before the bond revenue was issued; stated there has been some discussion that this money and these properties have already been chosen and are in the pipeline to be purchased; that would mean that the EELS Program and The Nature Conservancy exceeded their previous mandate by $40 million without accounting for the money they are supposed to get paid back; and something is not right here. He requested the Board find out where it stands, get the documents, find out where all the money went, how much money came back, how much did not come back, how much money should be going forward, and how much should not be going forward. He stated as the parameters and issues change, it is important to bring the current purchasing to the current requirements; if the County does not bring it up to current requirements, when it applies for reimbursement from the State, it is going to say no; the 50% is not going to happen because the County does not meet current State standards; and this is important. Mr. Pine inquired where is the information; and requested the Board deny the item or at least table it until it can find out the current status of all the money, current status and changes that will affect the choices in land and purchases so the County can properly and in a responsible manner insure that the money that was previously extended for the purchase of the property was properly expended and the recovery of those portions it was supposed to get back has occurred, and whether or not an additional $40 million is needed or if the EELS Program and The Nature Conservancy exceeded their mandate previously.

Commissioner Voltz stated every meeting Mr. Pine has indicated the County is not responding to public records; and requested Ms. Busacca respond.

Ms. Busacca stated she does not know the specific issue Mr. Pine is discussing this time; sometimes when Mr. Pine asks for public records they are prepared, but not picked up; sometimes Mr. Pine does not feel the records are adequate; and sometimes he has concerns about records being provided in a timely manner. She noted if Mr. Pine would like to talk to her about specific issues, then she can help him with that; but he has not gone through her office.

Commissioner Voltz requested Mr. Pine get with Ms. Busacca. Mr. Pine stated he would like to respond of being accused of not having picked up records; and it only happened one time in the history he has dealt with the County.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt a Resolution supplementing a Resolution adopted by the Board of County Commissioners of Brevard County, Florida, on December 14, 2004; providing for and authorizing the issuance of its limited ad valorem tax bonds, in one or more series, in the aggregate present value principal amount of not to exceed $45,000,000, to finance the cost of acquisition, improvement, and maintenance of environmentally endangered land and water areas for the protection of habitat, public open space, and water resources, and for providing passive recreational opportunities; authorizing the County representative to award the sale of such bonds based on bids submitted at public sale and approving the conditions and criteria of such sale; specifying or establishing the criteria for determining the date, interest rates, interest payment dates, provisions for redemption, series designation and maturity schedule of such bonds; approving a draft form of Preliminary Official Statement, authorizing the circulation thereof and authorizing the County representative or the Chief Financial Officer to deem the Preliminary Official Statement final in accordance with Sec Rule 15c2-12 and to approve the final Official Statement; designating the registrar and paying agent for said bonds; providing covenants to comply with applicable tax and arbitrage rebate requirements; providing certain covenants for the benefit of the bond insurer as an inducement for it to issue its municipal bond insurance policy with respect to the bonds and authorizing the negotiation and execution of a commitment with respect thereto; approving the form of and authorizing the execution and delivery of a continuing disclosure certificate; providing an effective date for this Resolution; and providing certain other details with respect thereto.

SALE/PURCHASE CONTRACT AND ADDENDUM TO CONTRACT WITH FIRST COAST
INDUSTRIAL ELECTRONICS, INC., RE: PARCEL IN SPACEPORT COMMERCE
PARK

Commissioner Scarborough stated Martin Lamb came back with a different addendum to the contract; and inquired has it met the County Attorney’s approval. County Attorney Scott Knox responded yes.

Martin Lamb, representing First Coast Electronics, Inc., stated this is a land purchase in Spaceport Commerce Park; the gentleman that is purchasing the property is neither a developer, land speculator, or anything of the sort; he owns one home within three miles of the location; and he owns two and a half acres that he purchased in the Park. He noted the additional purchase is to expand his business; he works on refrigeration units for cargo containers for ships and does refurbishing of electronic circuit boards for the process; he has also contracted with the second largest refrigeration company in the world, which is Dikon Corporation; there is only one location in the continental United States, which is in California; and this is going to be the next location. He stated this is going to be a good thing for Brevard County, Titusville, and the Park; the County is making absolutely no concession whatsoever to the gentleman; and he is paying appraised value, and willing and wanting to move forward.

Commissioner Scarborough stated Mr. Lamb is confusing him; he met with him earlier, indicated there was one problem, and he wanted to drop two sentences; the County Attorney and Greg Lugar said there would not be a problem; and inquired is Mr. Lamb going beyond that at this moment to something further.

Mr. Lamb stated it is a very simple request; on the Agenda the Board has another purchase in the Park that is being postponed; it is under the same guidelines of a buyback agreement; and the buyer wants to drop that language completely so that he does not have to postpone and can move forward. Commissioner Scarborough inquired which item is Mr. Lamb speaking to; with Mr. Lamb responding Item IV.C.3., Extension of Sale/Purchase Contract with Jen-Lee Developments, Inc. Mr. Lamb stated the buyer has a buyback agreement and is looking toward postponement of the due diligence period. Commissioner Scarborough stated the issue is whether or not the buyer proceeds with something; and that portion of the addendum is acceptable. Mr. Lamb stated that is correct, but the buyer requested that be dropped and he be able to purchase and close on the property, and move forward with development of his company. Commissioner Scarborough stated he is a little bit irritated; Mr. Lamb indicated yesterday that everything was worked out; and now he is throwing out new issues. He noted he is going to move to table the item; if Mr. Lamb is going to throw new issues at him, he does not want to talk about it; and it is not the way to do business. Mr. Lamb stated he apologizes; he is following instruction of the buyer to ask for that; but it is acceptable to move forward with the item as the change was made and previously discussed with Commissioner Scarborough.

Attorney Knox stated he reviewed the language and there seems to be a conflict; it says, “This right to repurchase will expire two years and six months from the date of the recording of this Deed. If the Grantor does not repurchase within the six-month period, the right to repurchase automatically expires.” He inquired is it supposed to be two years and six months or six months. Mr. Lamb responded it was explained to him by Barbara Ammans that the two-year period was the buyer’s right to build or commence construction; the six-month period was only the right for the County to repurchase; but it could not do anything or act upon it for two years.

Economic and Financial Programs Director Greg Lugar stated the Industrial Park Authority recommended the buyer have two years to pour footers to signify the start of the construction project; and if it did not occur then the County would have six months to repurchase.

Commissioner Scarborough stated it is ambiguous the way it is worded; there is a two-year period and then a six-month period; and with that change, he will make a motion. Mr. Lamb noted he apologizes for any confusion. Commissioner Scarborough stated he appreciates Mr. Lamb’s help.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Sale and Purchase Contract and Addendum to Contract with First Coast Electronics, Inc. for an 8.187-acre parcel in Spaceport Commerce Park at $221,049 minus related fees for broker commission, title search, and boundary survey; and execute Addendum to Contract with said Company, as amended. Motion carried and ordered unanimously.

Commissioner Scarborough stated the contract was executed on February 24, 2004; when it was previously extended he expressed concerns to the Board that the prices may be moving; and suggested tabling the item and sending it back to the Authority that represents the County in this matter for consideration.

A representative of Jen-Lee Developments, Inc. stated the reason the Company did not move ahead at that time was because the County was doing the environmental study; it waited and it got to the point where it knew it had to do something as the study was not ready; the Company hired its own environmentalists; and everyone has the same problem in the area, which is it is a scrub jay habitat. He noted the County did its own environmental surveys, but has not sent them to Fish and Wildlife Commission (FWC); even if the area was free of scrub jays at the time the Company wanted to purchase the property, waiting one year, the County would want a restudy; but it cannot be done as scrub jays do not come here until the end of March, and the period is from March to October.

Commissioner Scarborough stated the Company has asked for one extension, which the County granted previously; the item today is a request for another extension; he would like to send the extension back to the Spaceport Commerce Park Authority as there are different competing bids and the prices are moving; and if everything is copacetic, it will all come back to the Board with a recommendation.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct the Economic and Financial Programs Director to send the Extension of Sale and Purchase Contract with Jen-Lee Developments, Inc. for purchase of a parcel in Spaceport Commerce Park to the Authority for a recommendation. Motion carried and ordered unanimously.

REMOVAL OF PROPERTY FROM INVENTORY AND DONATION TO CITY OF
ROCKLEDGE, RE: ANTENNA TOWER #207-1466

Walter Pine stated he has reviewed the paperwork and sees no benefit to the County; and inquired what is the benefit to the County by donating the property.

Commissioner Scarborough stated the County has the right, under the law, to give things between governmental entities; the people of Rockledge pay County taxes and are part of the County, just as much as he is as a resident of Titusville; and such exchanges occur. He noted there are some exchanges that would be inappropriate where the tax base is not shared and there is no commonality; but in this particular case, there is some.

Mr. Pine stated the Board represents Brevard County and the corporation thereof; when it gives away things, it gives away items that belong to the County and its corporation; it is supposed to be getting the greatest benefit for the citizens of the County and for it as an entity; and it is contrary to give away property. He noted if there is some type of legal requirement or contingency that it can give property away, then every piece of property the County has purchased is subject to being given away to some other State agency; that seems wrong to him; the citizens who paid for it in the first place are entitled to some kind of benefit, if not repayment, for the purchase; there are a number of people who would gladly pay for the property; and to donate it, there is no payback and no benefit to the citizens or the corporation the Board represents. He stated it is wrong for the County to donate the antenna tower; it has a duty to get as much as it can for the County, for each piece of property, and for each dollar spent; while the City may gain a great deal and the communities may benefit, it is still the citizens who spent their money that came out of the County budget to go for this property if it was purchased that way; citizens are entitled to some repayment of the purchase; and when the County gives it away, it does so without authority as it has no right to give away citizens’ property. Mr. Pine noted he will buy the property if the County has nobody else to buy it.

Commissioner Scarborough inquired does the County Attorney see anything illegal in this action; with County Attorney Scott Knox responding no.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve removal of Antenna Tower #207-1466 from the County property records in accordance with the Board’s previous action to donate the tower to the City of Rockledge. Motion carried and ordered unanimously.

PERMISSION TO EXPEND FUNDS, RE: PURCHASE OF THERMAL IMAGER CAMERAS

Walter Pine stated concerning the thermal imager cameras the County is purchasing, there are no policies on how to control their use; this is one of those items, while it can benefit the Fire Rescue Department to a great deal, there needs to be some controls on it; if it is purchased as it is without any controls, he has access currently to five of them; and he will be glad to plant them in front of each Commissioners’ houses, tape them, and give such tapes to the local media. He noted this can look into a house to see what someone is doing in the house; it can do all kinds of other invasive things; there needs to be policies and procedures in place that limits access and properly controls their use; and those are not currently in place. He stated he does not oppose the purchase, but believes there is an absolute necessity for the policies to be in place to properly utilize the equipment; the equipment should be issued to somebody who is qualified to use it and will take responsibility for it; and it should not be loaned out amongst various departments or handed out willy-nilly. He noted these types of considerations, when the County comes to a purchase, should be taken into account; he supports the purchase as it will save lives, but the County needs to protect privacy rights and insure the cameras are used appropriately; he hopes the Board will approve the purchase; and requested creation of policies and controls necessary to insure the privacy of the public is not violated with this piece of equipment, that it is handled and used in an appropriate fashion, and that it is prohibited from being transferred or borrowed from one department to another, in particularly, from the Fire Rescue Department to law enforcement. Mr. Pine stated it is one of those issues that has been recently litigated about using thermal imaging devices to conduct what has been found in some court cases to be unlawful invasions of privacy; and requested the thermal imager cameras be limited to Fire Rescue Department.

Commissioner Scarborough inquired can the cameras be used in a manner to see heat images less than a fire; with Chief Bill Farmer responding yes.

Chief Farmer stated the Board has policies in place and a merit system that says County employees cannot use County equipment for personal gain or personal issues; they cannot use it contrary to how they are trained to use it to the detriment of the County; and he is not certain that the Board does not already have those things in place.

Chairman Pritchard inquired is the equipment assigned to a unit; with Chief Farmer responding yes, and the cameras will be assigned to the four District Chiefs.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve establishing Bullard Thermal Imaging Equipment as the Fire Rescue Department’s standard imager and purchase of four Thermal Imager Cameras at a cost of $39,200. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Walter Pine stated there have been some recent changes in rules by the North Brevard Commission on Parks and Recreation; and requested the Board standardize the appointments and reappointments application process. He stated for the North Brevard Commission on Parks and Recreation, one would apply for the process and put in a card or put his or her name in; the names were put in chronological order according to application; recently, due to some of the more controversial issues, there has been a change in the process; and now it is an application process whereby North Brevard Parks and Recreation Department will approve each person, so it is no longer chronological. He noted it is an effort to govern who can be on citizen advisory boards and who cannot to give certain political opinions, ideologies, and agendas significant advantage over others; the chronological issue did not do that; and requested the Board create an application process that requires the disclosure of financial conflicts of interest, and particular agendas and organizations that may show there is a bias being created in an advisory board. Mr. Pine stated it is important to insure that advisory boards adequately and fairly represent the community at-large, and not a particular agenda issue or item as it could happen; it is primarily an issue to insure that it is done the same throughout the County; and to prevent bias from occurring; he is not saying it has happened, but it appears to have happened; and when one person is chosen over another, it may be a personality conflict or something else. He reiterated there needs to be an application process in place so that the County does not have that type of bias introduced intentionally.

Commissioner Scarborough stated Mr. Pine is referring to appointments made by the North Brevard Commission on Parks and Recreation and not appointments made by the Board. Mr. Pine noted he is referring to all appointments. Commissioner Scarborough stated he does not know of any procedure that he has exercised as he makes decisions based on who he thinks would best serve; and Mr. Pine may be referring to appointments the North Brevard Commission on Parks and Recreation makes to its study committees. Mr. Pine advised he is referring to appointments to all citizen advisory boards; people should be chosen according to the general populous; they should not be subjected to a bias in the advisory boards; and they are supposed to be representative of the communities. He stated it should be for all advisory boards; if he were to apply to an advisory board in his area, he should be required to disclose any financial conflicts of interest and any issues that may affect his representation of the general public; and reiterated it should be for all advisory boards, unless it is the Board’s intent to specifically allow bias on advisory boards by choosing who it thinks is best or who is most politically congruent with opinions, then it is its right; but it is not what the public wants on the advisory boards as the members are supposed to be representative of the public.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to appoint and/or reappointment the following:

Animal Enforcement Dangerous Dog Hearing Council

Reappoint Kelli Jo Strabley, and appoint Donna Miner replacing Joseph Jenkins to the Animal Enforcement Dangerous Dog Hearing Council.

Art in Public Places Advisory Committee

Appoint Darleen Hunt replacing Cindy Earp, and Jeff Thamert replacing Linda McKinney, to the Art in Public Places Advisory Committee.

Brevard Commission on Aging

Reappoint Jerry M. Abrams and Francis Reilly, and appoint Denise Meneghelli replacing Alberta Goode to the Brevard Commission on Aging.

Brevard County Commission on the Status of Women

Reappoint Joanna Bass, Janie Holman, Marcia B. Mario, and Pearl Crosby Smith, and appoint Karen Dove replacing Mary Bonhomme to the Brevard County Commission on the Status of Women.

Building and Construction Advisory Committee

Reappoint Anita Cragg and Mike Myjak to the Building and Construction Advisory Committee.

Central Brevard Library and Reference Center Advisory Board

Reappoint Glenice Fablinger and Loretta Wilson to the Central Brevard Library and Reference Center Advisory Board.

Citizen Budget Review Committee

Reappoint Jack Callinan and Randy Rodriguez, and appoint Michael Raphael replacing Robert Klaus to the Citizen Budget Review Committee.

Cocoa West Community Center Advisory Committee

Reappoint Izeal Battle, Leartis Brothers, Pastor M. Chatman, Jackie Henderson, Jimmy Jackson, Betty Wells, and Zola White to the Cocoa West Community Center Advisory Committee.

Community Action Board

Reappoint Fannye Faye Johnson to the Community Action Board.

Community Development Block Grant Advisory Board

Appoint Luella Shellman replacing Mary Williams to the Community Development Block Grant Advisory Board.

Contractors Licensing Board

Reappoint Charles Boudreaux, Pete Cario, Bud Crisafulli, Roger Drabyk, Lena Nordell, and Todd Eric Turner to the Contractors Licensing Board.

Country Acres Advisory Board

Reappoint Dr. Ronald R. Bobay, Marilyn S. Hooper, and Liz Lackovich, and appoint Patricia Passalacqua replacing Sid La Dow to the Country Acres Advisory Board.

District 2 Canal Dredging Committee

Reappoint Richard Corsillo, Joe Demes, Roy Guinsler, Doug Jaren, Tom Mott, Tim Myers, and George Reynolds to the District 2 Canal Dredging Committee.

Economic Development Commission of the Space Coast

Reappoint Dr. Marion Soileau and Steven Webster, and appoint Giles Malone replacing Ron Cobb to the Economic Development Commission of the Space Coast.

Employee Benefits Advisory Committee

Reappoint Sharon Luba, and appoint Jan Conrad replacing Barbara Arthur, and Kathleen England replacing M. Rene Davis to the Employee Benefits Advisory Committee.

Environmentally Endangered Lands Procedure Committee

Reappoint Rocky Randels and Courtney Roberts to the Environmentally Endangered Lands Procedure Committee.

Extension Advisory Council

Reappoint Bud Crisafulli, Mary Beth Hinshaw, and Brooks Humphrys to the Extension Advisory Council.

Historical Commission

Reappoint Jim Ball, Ed Bradford, Roz Foster, Douglas Hendriksen, Karen Raley, and Ann Smith, and appoint Bob Swenson replacing David Andersen, and Mike Newquist replacing Barbara McClure to the Historical Commission.

Library Board

Reappoint Pat Freeman and Carol Hurst, and appoint Lee Craig replacing Susan Margaritondo to the Library Board.

Marine Advisory Council

Reappoint Doug Jaren, Tom McGill, and George Reynolds to the Marine Advisory Council.

Medical Services Review Committee

Reappoint Greg Cronk, and appoint Barbara Borman replacing Roger Probst to the Medical Services Review Committee.

Melbourne Beach Public Library Advisory Board

Reappoint Ann Sepri to the Melbourne Beach Public Library Advisory Board.

Merritt Island/Beaches Service Sector Advisory Board

Reappoint John Campbell, Vicky Fischer, Ray Hoffman, Kathy Jarrell, William T. Parlon, Hank Salvin, and Albert Thomas to the Merritt Island/Beaches Service Sector Advisory Board.

Metropolitan Planning Organization Citizens Advisory Committee

Reappoint John Anderson and Robert Preikschat, and appoint Bruce Wechsler replacing Tibby Parker to the Metropolitan Planning Organization Citizens Advisory Committee.

Mims/Scottsmoor Public Library Advisory Board

Reappoint William Jewell and Robert Smith, and appoint Donald Messenger replacing Laurenzia Lewis to the Mims/Scottsmoor Public Library Advisory Board.

North Brevard Library District Board

Reappoint Gail Ratliff to the North Brevard Library District Board, with term of appointment expiring December 31, 2006.

North Brevard Commission on Parks and Recreation

Reappoint Christopher R. White to the North Brevard Commission on Parks and Recreation.

Palm Bay Regional Park Advisory Committee

Appoint Keiron Jackman replacing Janet Lamont, and Bruce Wechsler replacing Goldwyn Daniels to the Palm Bay Regional Park Advisory Committee.

Parks and Recreation South Service Sector Area Advisory Board

Reappoint Robin Tibbitts to the Parks and Recreation South Service Sector Area Advisory Board.

Personnel Council

Reappoint Johnny Albert Diggs, Jack Houts, Sheila Hutcheson, Joe Sekera, and M. Bonnie Will to the Personnel Council.

Planning and Zoning Board

Reappoint Ed Coburn, John Daignault, Ronny McClelland, Ken Pontius, Michael Selig, and Matt Sokoloski, and appoint Henry Minneboo replacing Kathryn Kowalski, Sandee Natowich replacing Aneta Ott, and Derek Vaughn replacing Dan Faden to the Planning and Zoning Board.

Port St. John Public Library Advisory Board

Reappoint Carmella Chinaris, Pamela Ferraro, and Maureen Rupe to the Port St. John Public Library Advisory Board.

Public Golf Advisory Board

Reappoint Lou Howard to the Public Golf Advisory Board.

South Mainland Library Advisory Board

Reappoint Marie Bergamini and Loretta Surface, and appoint Lillian Richards replacing Laurie Chase to the South Mainland Library Advisory Board.

Spaceport Commerce Park Authority

Reappoint Frank Kinney to the Spaceport Commerce Park Authority.

Valkaria Airport Advisory Board

Reappoint Ken Rivard, and appoint Jack Chandler replacing Jim Ray, and Ron Holzermer replacing Del Yonts to the Valkaria Airport Advisory Board.

Veterans Memorial Park Advisory Board

Reappoint Melvin Mueller and Garrett Pomichter to the Veterans Memorial Park Advisory Board.

West Melbourne Public Library Board

Reappoint Marian Hughes and Hal Rose to the West Melbourne Public Library Board.

Zoning Board of Adjustment

Reappoint Sondra Ball, Malcolm Mansfield, Courtney Roberts, and Clyde Thodey, and appoint Bruce Wechsler replacing Howard Wolf to the Zoning Board of Adjustment

with terms of appointments expiring December 31, 2005. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENTS IN THE LAKES OF RIDGE MANOR, PHASE TWO - JOHN AND
MIRIAM PLESKA

Chairman Pritchard called for the public hearing to consider a resolution vacating public utility and drainage easements in The Lakes of Ridge Manor, Phase Two, as petitioned by John and Miriam Pleska.

John Pleska stated he and his wife built their house in 1992 and enclosed the backyard with a wood fence.

Chairman Pritchard inquired is Mr. Pleska in favor of the vacating; with Mr. Pleska responding yes.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution vacating public utility and drainage easements in The Lakes of Ridge Manor, Phase Two, as petitioned by John and Miriam Pleska. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING DRAINAGE SWALE IN BAREFOOT
BAY, UNIT ONE - PALM HARBOR CONSTRUCTION (ROBERT AND SUSAN
JARVIS

Chairman Pritchard called for the public hearing to consider a resolution vacating drainage swale in Barefoot Bay, Unit One, as petitioned by Palm Harbor Construction (Robert and Susan Jarvis).

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution vacating drainage swale in Barefoot Bay, Unit One, as petitioned by Palm Harbor Construction (Robert and Susan Jarvis). Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION AND FEE WAIVER FOR VACATING RIGHT-OF-
WAY IN JENKINS ACRES SUBDIVISION - HARRY AND HISAKO CLARK

Chairman Pritchard called for the public hearing to consider a resolution and fee waiver for vacating right-of-way in Jenkins Acres Subdivision, as petitioned by Harry and Hisako Clark.

Transportation Engineering Director John Denninghoff stated the petitioners have withdrawn the request.

The Board withdrew resolution and fee waiver for vacating right-of-way in Jenkins Acres Subdivision, as petitioned by Harry and Hisako Clark, from the agenda.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN THE FAIRWAYS AT THE GREAT OUTDOORS - DIANA EPPERSON

Chairman Pritchard called for the public hearing to consider a resolution vacating public utility and drainage easement in The Fairways at The Great Outdoors, as petitioned by Diana Epperson.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating public utility and drainage easement in The Fairways at The Great Outdoors, as petitioned by Diana Epperson. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD
VALOREM EXEMPTION TO CONFLUENT R F SYSTEMS, INC.

Chairman Pritchard called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Confluent R F Systems, Inc.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Ordinance granting an economic development ad valorem exemption to Confluent R F Systems, Inc., 503 N. John Rodes Boulevard, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by Confluent R F Systems, Inc.; providing an effective date. Motion carried and ordered unanimously.

BOARD DIRECTION, RE: RESIDENTIAL WETLAND IMPACTS ON LOTS CREATED
AFTER SEPTEMBER 9, 1998

Walter Pine stated he spoke to Ernie Brown about the item; one of the issues is the change in some of the definitions; wetlands are going through another evolution; the State and County definitions are not the same; and there is a paradigm shift occurring where the State is going toward a functional issue and the County is still in the parameters. He requested properties built prior to September 9, 1998 that have remained unchanged be grandfathered in; stated to apply some of the changes that are occurring to those properties could substantially put them in a situation where they are non-compliant or not currently compliant with the law; and it may be wise to grandfather in those properties that were created and built previous to the requirements and remain unchanged at this time.

Mary Sphar stated the properties that Mr. Pine was referring to are grandfathered in specifically in the Comprehensive Plan language; there is no problem or concern with it; the agenda item was a result of difficulties staff had with approving minor wetlands impacts on residential lots less than five acres that are not part of a subdivision; and staff did not feel it had the authority to approve any impacts because of the oldest part of the Comprehensive Plan residential language. She noted the language, which is the limitation of one unit per five acres, can be prohibitive if strictly interpreted; the one unit per acre limitation, if approached differently, may hold the solution to the problem because it could allow de minimus impacts; the one unit per five acres language is interpreted strictly now to discourage the creation of substandard lots, to prevent a landowner from carving up a large property so that a small unbuildable lot filled with wetlands is created; and when the unlucky new owner of the small wetlands-filled lot realizes that he has been sold something unbuildable, he or she would probably be quite angry. She stated preventing such a scenario is a commendable goal; buyer beware cannot be enabled or tolerated; however, the County can prevent the carving out of unbuildable lots more effectively by educating landowners or other means. She stated the prevention of substandard lots should not be the responsibility of the Office of Natural Resources personnel; and if the County can get a handle on the creation of unbuildable lots, it might want to interpret the one unit per five acres as a mathematical ratio that could allow de minimus impacts. Ms. Sphar noted the County would not need to modify the Comprehensive Plan; it can use the oldest, now troublesome part of the residential language in a creative way to solve the problem; de minimus impacts are already allowed under the one unit per five-acre provision because wetland impacts are evaluated for the subdivision as a whole; and the Comprehensive Plan does not need to be modified to allow de minimus impacts in subdivisions. She requested the Board direct staff to explore de minimus impacts allowable under the existing Comprehensive Plan; and stated a reasonable and fair interpretation allowing more flexibility for single-family lots is possible.

Maureen Rupe, representing Partnership for a Sustainable Future, stated she concurs with Ms. Sphar’s comments and the Partnership supports her as well; the issue has been confusing; meetings have been held to find a solution and work with the existing Comprehensive Plan; and this proposal could be a solution.

Commissioner Colon stated Ms. Rupe sat on the Land Development Committee; the Board is supportive of getting back a report on how the Committee came about and it was sunset; it is considering bringing the Committee back and allowing the same folks to be on it; and there were representatives from the environmental and development communities. Ms. Rupe stated she did not know the Committee had sunset.

Commissioner Carlson stated option 3 includes de minimus impact; and inquired is it something that is doable with the existing Comprehensive Plan language.

Natural Resources Management Director Ernie Brown responded the consistency with the Comprehensive Plan is ultimately the Board’s decision; as it relates to negotiations through the process, it is his understanding and belief that it would be consistent as the densities would be used to determine de minimus; it is not an arbitrary determination; so it is one option that could keep the County within the confines of the Comprehensive Plan without having to open that up. He noted there may be other options that could be viable that staff has not explored yet; and it may be a good starting point as something that would keep the County within the confines of the Comprehensive Plan.

Chairman Pritchard inquired does it fit with option 2; with Mr. Brown responding no. Mr. Brown advised option 2 is a broader perspective that would likely require some Comprehensive Plan explanations or clarifications; because it does not link, the County is not using the one to five ratio of density as its criteria to determine impacts; and it may be confronted with the problem of what to do with the Comprehensive Plan statement. Chairman Pritchard stated the question of what to do with the Comprehensive Plan statement would be addressed by the Board.

Commissioner Scarborough stated yesterday he had a conversation with Mr. Brown; previously the County Attorney’s Office was concerned about proceeding in this; Ms. Sphar is suggesting an informal manner in which the County does not need to go to the Comprehensive Plan as it is a massive thing to get into; and Mr. Brown sees some sense in this methodology as it is not arbitrary capricious, and there is a standard. He noted Assistant County Attorney Christine Lepore said it is something new and she needed to discuss it; and inquired did she talk to Attorney Knox. Attorney Knox responded no. Commissioner Scarborough stated Attorney Lepore felt this was doable without a Comprehensive Plan amendment; and if the County can handle this with some action of the Board rather than a Comprehensive Plan amendment, perhaps it can get a supplemental report.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct the Natural Resources Management Director to provide a report to the Board concerning residential de minimus wetland impacts on lots created after September 9, 1988; and the County Attorney look at a means of handling such impacts by not being arbitrary and capricious, and doing it without a Comprehensive Plan amendment, as an additional option.

Commissioner Voltz inquired will staff come back with criteria for what a de minimus impact will be. Commissioner Scarborough responded the County Attorney’s Office indicated it looked like a Comprehensive Plan change; yesterday, Attorney Lepore stated it was not totally arbitrary and would not violate the Comprehensive Plan, but she and Attorney Knox have not discussed the issue; and if it works, it will work for the Board and the persons adversely affected.

Chairman Pritchard stated option 2 talks about parcels smaller than five acres; and inquired is it possible to work something in for parcels smaller than one acre. Mr. Brown responded there is no reference to that in the Comprehensive Plan; it speaks to five acres; and he does not know what would be required to add a one-acre criteria to it. Chairman Pritchard stated there are a lot of infill lots that were not platted as part of a subdivision and somehow happened; it was not as if the developer was trying to pull something and now at a later date sell off the smaller parcel; and they are generally smaller than one acre, and one-half acre or less. He noted people who buy them would expect to build on their property; then they find out there is a problem and there is not enough upland or something; and if the County can find a way to address parcels less than one acre, then it will be doing a benefit to the community. Commissioner Carlson stated it should go from five acres down to the smallest piece of property. Chairman Pritchard stated he is talking about something that has a reasonable amount of buildable land; reasonable means different things to different people; and inquired if there is a half-acre parcel and a good portion of it is a wetland, then how big of a house can someone build, how long can the driveway be, and can the property be used other than building a small home that has no value as compared to the property itself. He stated he is trying to address a way to utilize the infill parcel so that it can be someone’s home. Commissioner Carlson stated trying to do that within the confines of the Comprehensive Plan is going to be difficult.

Commissioner Scarborough suggested the County handle as much as it can without a Comprehensive Plan change. Chairman Pritchard stated there is a workshop Thursday afternoon on Smart Growth; one of the things the County needs to look at is what is the density going to be; and once the Committee comes back with its recommendations on what the density should be, it will make some of these other decisions a lot easier in terms of if a neighborhood is going to have “x” amount of people and there is a lot there, then they should be encouraged to develop on said lot instead of discouraged.

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

BOARD DIRECTION, RE: INSTITUTIONAL DEVELOPMENT ON PARCELS WITHIN
WETLAND AREAS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Option 1, to direct staff to implement the analysis regarding institutional development on parcels within wetland areas. Motion carried and ordered unanimously.

BOARD DIRECTION, RE: PROCUREMENT OPTIONS FOR THE ENVIRONMENTALLY
ENDANGERED LANDS PROGRAM

Chairman Pritchard stated he has several cards on the item and inquired if anyone is not in favor of option 1.

Dolores Kane, Dan Vander Berg, Dr. Peterson, Amy Tidd, Sandra Clinger, Priscilla Griffith, Maureen Rupe, and James Durocher advised they are in support of option 1.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Option 1, to request an RFP for one or more acquisition consultants with demonstrated expertise and success in conservation land real estate acquisition and knowledge of State conservation land acquisition partnering to acquire matching funds and provide land acquisition support to the Environmentally Endangered Lands Program. Motion carried and ordered unanimously.

ACCEPT WARRANTY DEED FROM WUESTHOFF HEALTH SYSTEMS, INC., RE:
TRANSFER OF RIGHT-OF-WAY TO BREVARD COUNTY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to accept Warranty Deed from Wuesthoff Health Systems, Inc. for the transfer of right-of-way to Brevard County, which encompasses the right turn lane into the Wuesthoff Health facility along Wickham Road at 240 North Wickham Road. Motion carried and ordered unanimously.

DISCUSSION, RE: MEMBERSHIP IN THE PROPOSED TAYLOR CREEK RESERVOIR
WATER SUPPLY PLANNING ORGANIZATION

Commissioner Scarborough stated while there is some money involved, the dynamics of water have shifted; there was a time when the County was trying to go to Osceola County; Orange County needs water today; and one of the things Richard Martens was explaining to the Board is if Brevard County gets on board, there will be three municipalities. He noted Taylor Creek is where Cocoa has historically gone; it is part of the dynamics of how this evolves; it would be money well spent to have Brevard County at the table with a vote; and Mr. Martens indicated he does not know if there will ever be such a vote, but if there is, it would be a vote that would behoove Brevard County to support the water suppliers.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Option B, to seek formal membership in the proposed Taylor Creek Reservoir Water Supply Planning Organization, acknowledge the ongoing staff discussions with the City of Titusville as a component of the Utility Services Department long-term water supply planning effort, and authorize funding the County contribution to the design and planning effort from the Water Resources Enterprise Fund at estimated cost of $100,000 to $150,000 over a three-year period.

Commissioner Voltz stated she has an issue with spending $100,000 to $150,000 for a possible vote on the Board; she understands the need for it; the County is represented by Cocoa and Titusville; and they do a great job with it. She noted the Board is always looking at how it can save money; it does not mean it is not going to be involved and can sit in the background and not say anything; it can be involved in the issue without spending the funds just to sit on a board; and it does not make sense to her and she cannot support spending that kind of money.

Commissioner Scarborough stated he appreciates Commissioner Voltz’ view, but he sees some dynamic situations; and water is going to be extremely critical, not only to Orange County, but Brevard County as well. Commissioner Voltz stated she supports the issue, but not spending the funds.

Chairman Pritchard stated he supports Commissioner Scarborough’s motion; he chaired the Water Board last year and Commissioner Scarborough chairs it this year; and he feels the need to not only be there, but to be a viable component of that Organization.

Commissioner Carlson stated she had the same struggle; the Board should be at the table, yet it has three entities that are potentially providing representation to the entire County as far as water supply; and inquired what if the conversations come up that do not necessarily go toward Taylor Creek and go somewhere else, and is the County going to weigh in on that conversation. Commissioner Scarborough stated Taylor Creek is extremely important as it provides so much. Commissioner Voltz stated Brevard is only one vote and one vote cannot make a difference on that board. Commissioner Carlson stated the Board can take actions in other ways if it does not like what is going on. Commissioner Voltz stated the Board can be involved without spending $150,000. Commissioner Scarborough stated he has seen cities get very upset with having representation on the MPO; it is the capacity when things begin to get to be a tied vote; he has no idea if that is going to happen; and it is a lot to ante-up to be there, but there is a presence there if it did. Commissioner Voltz stated Brevard would not be using any of the water. Commissioner Carlson stated the unincorporated sections of the County have to use those water resources; and the County is not a water provider, so it has to support the unincorporated sections.

Chairman Pritchard called for a vote on the motion. Motion carried and ordered; Commissioners Voltz and Colon voted nay.

CHANGE ORDER NO. 2 WITH DOOLEY & MACK CONSTRUCTORS, INC., RE:
MELBOURNE TRANSFER STATION

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Change Order No. 2 with Dooley & Mack Constructors, Inc. for the Sarno Transfer Station construction, increasing contract time by 130 calendar days and contract amount by $367,034 for additional cost of metal building, partially enclosed building design and portal framing, remobilization and rework by foundation subcontractor, additional general conditions for delay, and bond and insurance, for new contract total of $12,635,362. Motion carried and ordered unanimously.

CONTRACT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND
BUDGET CHANGE REQUEST, RE: BEACH AND DUNE HURRICANE RECOVERY

Susan Valentine stated she does not understand what the issue is about and would like some information.

Natural Resources Management Director Ernie Brown stated the item is in essence to mirror what FEMA is doing for emergency berms of six cubic yards per linear foot; FEMA has allowed for certain properties to get that; the State came back with approximately $8.2 million for the County to fill in the gaps for the rest of the properties that were affected; and this has been a process that has evolved. He stated the bid package numbers are opening up, and there is a lot of discussion associated with the issue. He requested Board approval to authorize the advertisement staff already did for the bid to get contractors to do the berms, and authorize execution of a contract with the lowest bidder.

Commissioner Voltz inquired is the item time sensitive; with Mr. Brown responding yes. Mr. Brown stated the biggest challenge is the May 1, 2005 deadline for turtle nesting season; and the minimum required time to hope to get sand on the beach in front of the properties is extremely time sensitive. Commissioner Voltz stated sometimes the bid process takes a long time. Mr. Brown stated the bids have been done; and staff is requesting permission from the Board to authorize what they have already done.

Commissioner Carlson stated it is apparent that the bids have come in over the amount the County is going to be getting in; it needs to make up the shortfall; it is in an emergency situation and wants to have continuity on the beaches as far as the dunes go; and either it can fund it through General Fund, ask the Legislature for more money, ask the residents for money who are going to be benefited, or re-bid and wait until next year. She noted the Board needs to decide how it is going to shore-up the dollars. Mr. Brown stated with the lowest apparent bidder that came in, using the traditional truck haul methodology puts the County for the Mid Reach dune work at about $1.15 million over what the State has given the County for that particular project. He stated the South Reach, which is also part of this, is over about $631,000 for a net $1.8 million over, meaning it does not have the money to do what needs to be done; the overages will leave unprotected all of the vacant or government-owned lands and armored properties, which currently have seawalls on them; and with the resources that are being presented to the County by the State, the County cannot get everything done.

Commissioner Carlson inquired is the North Reach okay; with Mr. Brown responding it is not being addressed in the dune restoration work. Commissioner Carlson inquired would the $1.8 million provide sand for everybody, including the park facilities; with Mr. Brown responding no. Commissioner Carlson inquired what would it take to do the whole thing completely; with Mr. Brown responding approximately an additional $12 million to $12.5 million. Commissioner Carlson inquired did the State shorten the County by $12 million. Mr. Brown responded the bids were high because of the short turnaround that is required for this; and to put the sheer volume of sand on the beach that the County is asking for in that short period of time is very difficult to mobilize and find the sand.

Interim County Manager Peggy Busacca stated staff did a rough estimate of the amount of public infrastructure that is in the Mid Reach; it was $5 million for parks; that is the public infrastructure that is at risk currently in the Mid Reach, excluding A1A; and the estimate for A1A is $43 million.

Chairman Pritchard stated this reinforces why the County needs to be proactive with the entire beach, move forward expeditiously, secure all the funding it can, and take care of the problem; and it cannot piecemeal all the time.

Commissioner Carlson stated the County has to have some sort of a concept of doing the short and long-term together; a big portion of the Mid Reach is in Satellite Beach; 30% of what is in the Mid Reach is not going to have any sand; and the public cannot get to the beach from the parks, which is not acceptable. She noted if it takes $5 million to put sand on the beach in front of County facilities, then maybe it can look at some sort of financial means to get the money; she does not know what it would take, but something needs to be done so there is continuity of the beach as the dunescape is critical; and the County needs the beach renourishment to go along with that in a timely manner. She stated the least it can do is renourish the dune.

Chairman Pritchard stated this morning during reports he handed out his concern about hiring a management company and someone who could look at the FEMA reimbursement and all the projects the County is having; something like this could fit into that scope of work that the County could hand off to that group if the Board decides to go that way, along with coordinating the effort through staff; and it has to initiate something, but it does not have a lot of time to think about it. Commissioner Carlson stated the County needs to move forward on this item and have some strategy to go to the next step, which is to get the piece that makes it whole. Commissioner Voltz stated the Board has not talked about where it is going to get the $1.8 million.

Ms. Busacca stated the Board at one time considered putting together an MSBU for sand for those properties that would be impacted; it considered it for the FEMA berms; it is an option; but it is relatively time consuming to get that kind of public approval before the County can move forward.

Commissioner Voltz stated everybody in Brevard County benefits by the beaches; and to just have the people who live directly on the beach to pay for it would be unfair to them. Commissioner Carlson noted they would be protecting their own property even though the beach is not theirs. Chairman Pritchard suggested the Board take action on this item.

Mr. Brown stated he is not sure what the Board would take action on at this juncture as the issue is a moving target. Chairman Pritchard stated it is an advertisement for a request for bids. Mr. Brown noted that is correct, but there are other things in the request, including award of the contract and execution of it by the Chairman for the lowest acceptable bid; it would be a beneficial action for the County; but the next step is to look at exactly what it is contracting for.

Commissioner Voltz stated Senator Mike Haridopolos’ letter this morning said 3,800 cubic yards in one-half mile was collected; and the County needs to seriously look at that form of beach renourishment as it is relatively inexpensive.

Ms. Busacca inquired would the program the State set up permit the County to do that or is it simply to pay for sand on the beach. Mr. Brown responded it is exclusively for dune sand. Ms. Busacca noted it probably would not help pay for the New Shore product. Mr. Brown stated that is correct. Ms. Busacca stated the County would put six cubic yards of sand per lineal foot; and inquired is it possible to put less than that so it can use the available money. Mr. Brown responded yes, that is one of the options the Board could look at to financially spread the wealth; the question is whether or not it will be sufficient protection through the time period the County has, which will take it into the next hurricane season; he does not have that answer; and the six cubic yards was the number that FEMA felt was an acceptable level of protection for the properties. Ms. Busacca stated the County is in a time crunch; the item is requesting the Board authorize award of the bid; staff needs to do additional work to figure out what the options are; and requested permission for staff to bring the information back at the earliest opportunity for discussion by the Board.

Ms. Valentine stated she has a lot of beach damage; and inquired how does she sell her house because she does not want to live there anymore. Mr. Brown responded the resources for the dune are available to Ms. Valentine in the South Beaches. Ms. Valentine stated she qualified for the FEMA berm sand as her structure was close enough to going in the ocean; her neighbor was two feet short from going into the ocean; and inquired will he get sand.

Virginia Barker, Environmental Management, stated staff is requesting the Board award a contract to the low bidder, who would place up to six cubic yards of sand per linear foot at every property that was excluded from a FEMA berm that is not within the Corps project, is not a public park, and is not armored.

Chairman Pritchard inquired when will it happen; with Mr. Brown responding the County is due to execute the contract on January 20, 2005. Chairman Pritchard suggested Ms. Valentine coordinate with Ms. Barker as to when her property may benefit from this project.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to authorize the Chairman to execute Contract with Florida Department of Environmental Protection for beach and dune hurricane recovery; authorize staff to advertise for bids and the Chairman to award and execute the agreement with the lowest acceptable bidder; and approve the necessary budget change requests for project revenues and expenses. Motion carried and ordered unanimously.

APPROVAL OF LOCAL SHARE OF COSTS AND BUDGET CHANGE REQUEST, RE:
FEMA EMERGENCY BEACH BERM PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Option 1, to fund the 5% local cost share for FEMA Emergency Beach Berm construction of approximately $336,000 to cover up to $224,000 for construction costs and $112,000 for interest, from TDC funds previously slated for early debt retirement; and approve the necessary budget change requests. Motion carried and ordered unanimously.

BINDING DEVELOPMENT AGREEMENT WITH JOHN R. BUNKLEY, RE: PROPERTY
LOCATED IN SECTION 10, TOWNSHIP 24, RANGE 36

Motion by Commissioner Voltz, seconded by Commissioner Colon, to execute Binding Development Agreement with John R. Bunkley for property located in Section 10, Township 24, Range 36. Motion carried and ordered unanimously.

GRANT AGREEMENT AND AMENDMENT NO. 6 TO AGREEMENT WITH FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: STATE SHARE OF
PERMITTING, ENGINEERING, DESIGN, AND CONSTRUCTION COSTS FOR
REBUILDING NORTH AND SOUTH REACHES

Virginia Barker, Environmental Management, stated the North and South Reaches work maintained by the Army Corps of Engineers was bid out yesterday; the apparent low bid was Weeks Marine at $15,891,100; there is a small State and local cost share component; and the two contracts in the agenda item are with FDEP to provide the State’s share for the funds. She noted the local share is available in the TDC funds that the Board approved on November 9, 2004.

Commissioner Carlson inquired is there a difference between those funds and what is being discussed here. Ms. Barker responded the funds were included in the TDC’s budget as approved by the Board during budget preparation; the Board has approved a small amount from the TDC budget that was in a separate contingency for paying back an old loan; and this does not conflict with that.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to execute Grant Agreement and Amendment No. 6 to Agreement with Florida Department of Environmental Protection for $1,495,000 of State funds and to reallocate surplus funds for emergency renourishment of the North and South Reaches. Motion carried and ordered unanimously.

RESOLUTION, RE: SUPPORTING GROUP A INDIAN RIVER BLUEWAY FLORIDA
FOREVER PROJECT

Dolores Kane requested information on the item, and inquired is there money involved.

Chairman Pritchard responded Group A is the listing of properties the County has. Commissioner Carlson stated it is for 100% reimbursement; and the County does not want it to go to Group B because it would have to pay more to get the land preserved.

Parks and Recreation Director Chuck Nelson stated the Blueways Program is part of the Florida Forever Program; it is a listing of properties in four counties; it is associated with the Indian River Lagoon; and the County is trying to acquire waterfront land. He noted the State is currently taking a leadership role in the A category; the acquisition agent for the A category is the St. Johns River Water Management District; its intent is to protect and acquire those lands; and it may be mosquito control impoundments, Thousand Islands, and those kinds of properties that would be also eligible for EELS acquisition. He stated the County does not currently participate in it because the State and the Water Management District have taken the leadership role; and the properties are acquired through their dollars.

Ms. Kane stated it is more property for government; but some of it is needed. Commissioner Carlson stated it is to preserve the Indian River Lagoon. Ms. Kane noted the stormwater needs to be stopped. Chairman Pritchard stated it is a big part of this project.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution supporting maintaining the Indian River Lagoon Blueway Project in Group A of the Florida Forever Program. Motion carried and ordered unanimously.

APPROVAL OF TRANSFER, RE: LAND ADJACENT TO VALKARIA AIRPORT FROM
MOSQUITO CONTROL TO BREVARD COUNTY

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

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to convene as the Mosquito Control District. Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to execute Deed to Brevard County for the transfer of land adjacent to Valkaria Airport, as the Mosquito Control District has never utilized the property and has not identified need for it in the future. Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adjourn as the Mosquito Control District. Motion carried and ordered unanimously.

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

BOARD DIRECTION, RE: POLICY ON TELECOMMUNICATIONS TOWERS

Information Technology Director Gino Butto stated the County was approached by Cumulus Communications many months ago on a proposal to lease space on an existing tower the County has in Barefoot Bay; it was the height Cumulus needed to broadcast from to enhance the signal toward the south end of the State into the Volusia County area; it was a reasonable proposal for some mutual benefit; but it dabbled into areas Brevard County had no precedence, and it was quickly getting into procedural issues that had not been approached before. He noted Cumulus also proposed building a tower it could use for its purpose on County property, which is in the same area; the tower would be newer than the present one and would have some benefit to the County; since Cumulus would own the tower, leasing the County’s land would circumvent a lot of the procedural issues the County would have to address to accomplish that; and Cumulus would be able to maintain and manage the tower. He stated there are two different considerations, leasing Cumulus some space to build a new tower and coming up with some benefit to the County; staff has not determined what the fair value is for the land; the other consideration is whether or not the County wants to get into the business of leasing space on its towers to radio stations, cell phone companies, etc.; and requested Board direction on the issue.

Commissioner Voltz stated the County requires businesses to co-locate currently, so she does not know why it would not do it; there is an issue regarding whether or not the County owns the property; the Water and Sewer District owned the property; and it is not like the County is getting into that business. She requested the County Attorney explain the issues.

County Attorney Scott Knox stated in the Cumulus case, the restrictions that might normally apply to the Board in terms of bidding, etc. do not apply because it is the Water and Sewer District that owns the property; it is not governed by the same Statutes as the Board; but it does not eliminate the problem or the more generic issue Mr. Butto is raising.

Commissioner Voltz inquired if the Board makes a decision, does it have to sit as the Water and Sewer District Board; with Attorney Knox responding if it is going to lease the Water and Sewer District property, then it has to switch hats.

Dan Carelli, General Manager of Cumulus Broadcasting, stated his Company had discussions with the County about trying to locate a tower antennae in the Barefoot Bay area; a suggestion was made by Richard Martens about a better location for everyone involved, which would be property that the Water and Sewer District owns about one-quarter of a mile away from the Barefoot Bay community; it is acceptable to the Company; and it has a small geographical area where it can locate. He noted the proposal fits that need; in an effort to make this a win-win situation for all involved, Cumulus would like to give a proposal to the District about leasing the land; and inclusive in the proposal is to tackle one of the needs that the County will be getting down the road, which is a tower communications/emergency communications and the kinds of uses it is using the current antennae for. He stated the antennae is 34 years old; and at some point down the road, the County will need to take some kind of action. He stated where it currently sits it would have a difficult time getting re-erected in the same spot; the proposal Cumulus is making to move the tower to the west on property the District owns is the best situation that can be done; one of the things Cumulus wants to offer to the County is space; and the height is from 325 feet to 365 feet, which would be devoted and reserved for the County forever at no charge so it would always have emergency services, antennas, equipment, etc. that it will need in the future. Mr. Carelli noted the current tower is maxed out, so nothing can be added; there are uses that would be strengthened and benefited by making this move; he has a letter of support from Sheriff Jack Parker; and the Sheriff’s communication system will always have priority and would have additional coverage. He stated Mr. Martens is asking for some direction from the Board to move forward; Cumulus wants to put the item in proposal form so the County can evaluate it and make a determination; it is a good deal for the County and benefits the communications system; and if there is any revenue generated from other outside vendors that would want to co-locate on the tower, then there would be a revenue sharing program worked out with the County. He noted such revenue is not Cumulus’ sole purpose; it wants to put a new tower in; and if there is revenue, it will be happy to share it.

Commissioner Voltz stated once the tower is paid for then the County would get any revenue sharing for additional systems that use the tower. Mr. Carelli stated that is correct; the County would get revenue from the rental of the tower space; the County would have space provided to it for emergency services, antennas, and things worked out with Mr. Butto and committees that say where the needs are; Cumulus can accommodate all of those things; and if there is revenue to be gained, it will be worked out in the proposal. He noted the request is to have direction from the Board to the District to allow Cumulus to make a proposal.

Commissioner Scarborough stated if the property was the County’s and not the District’s, there would be a procedure it would need to follow, but the District does not have to do that; it is going to be County facilities located on the tower and not the District’s facilities; the benefit is going to accrue to a different fund than to the District; and the County has some budgetary restrictions with fund accounting when it begins to do things like that. He noted to the extent that accrues, it appears the County would have to pay the District; normally when the County approves a tower there is a CUP; it makes sure there is compatibility and an analysis is done; the CUP process insures compatibility with the neighborhood; and there is GML zoning now, which is something that would come before the Board, and people could comment on it.

Ms. Busacca stated the CUP would still be required and a public hearing process would also be required, regardless of the property ownership.

Commissioner Scarborough stated when he sat on one of the Property Appraisal Adjustment Boards (PAAB),there was an appeal; someone had gotten a CUP for a tower but there was no tower; and the Property Appraiser had done an analysis and determined there was a $60,000 benefit to the property owner for the CUP. He noted he is not saying the proposal cannot work, but he is trying to put all the issues together and benefits accruing to various agencies; and inquired is the County going to violate any fund accounting issues. He stated he is not ready to proceed on this; Mr. Butto cautioned him that the County was going into new territory; and those are a litany of questions he came up with.

Chairman Pritchard stated the Barefoot Bay Water and Sewer District is an Enterprise Fund. Commissioner Scarborough stated the General Fund has to pay the Enterprise Fund for what it gets; and inquired when there is an environment like this, how does the County look internally. Chairman Pritchard noted the revenues the District derives it keeps; the revenues do not go to the General Fund; he does not see the problem here as the property is owned by the District; and the County would be leasing the property, deriving the benefit of the lease, not having to pay for an antenna, and having free use of it. He stated there would be a revenue share for tenants on the tower; and inquired if the County secured a tenant in that range, would it derive the full benefit of that. Commissioner Carlson stated part of the problem is the Board does not have a proposal in front of it.

Buddy Sanders, representing Cumulus Broadcasting, stated with co-location there are two parties that agree to a certain percentage; if someone approaches Cumulus about co-location or it finds a tenant, the Company would retain a certain percentage of revenue from the tenant; however, if someone approached the County, the County would receive a percentage.

Commissioner Scarborough stated if the District had a tower and the County said it wanted to use a portion of it for County business, the District would send it a bill because the County was going on District property, which is a separate entity; it becomes a part of the problem; and the internal mechanics of fund accounting can be worked out, but the County cannot use the District’s advantage of having a tower on its property without General Fund somehow buying into it because the County and the District are not one and the same.

Commissioner Voltz stated she agrees it can be worked out; she does not have a problem with the issue, but legally those things need to be worked out; and perhaps the Cumulus representatives can meet with Attorney Knox within the next week or two, and come back with some sort of proposal. She noted the Board does not know what it is voting on; and it supports the idea, but needs to know specifics.

Attorney Knox stated the structure of the deal is simple to do and is a matter of what the Board wants to do.

Chairman Pritchard stated he would like the General Fund to derive a revenue from this. Attorney Knox stated the District could lease the property to the County long-term, such as 99 years or whatever; the County would have to bid it out; and Cumulus is confident it is going to win the bid.

Mr. Sanders stated Cumulus started about one year ago on the issue and is now at this point; it has uncovered things along the way, including the legal aspects, who owns what; and Mr. Martens’ suggestion is that this is better for the District. He stated at each juncture, Cumulus has tried to accommodate or figure out how it can continue to move the issue forward and keep it as a benefit.

Commissioner Scarborough stated it does not benefit the County, but benefits the District, which is okay; it is the District’s land; as the County operates with this, it is going to be operating wearing multiple hats; and it is going to be sitting as a zoning board with a CUP and the District Board. He noted the Board has to watch itself that it is good fiduciaries to each of those interests separate from conflicts, and that it does not cut a deal that can be questioned by Clerk’s Finance as being arbitrary.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to direct staff to provide a proposal to the Board on January 25, 2005 to offer shared tower space to commercial firms and other interested parties, including co-location on existing County-owned towers and building rooftops, construction of new shared facilities by tower replacement, or lease of ground space to build and operate privately-owned tower(s). Motion carried and ordered unanimously.

RESOLUTION, RE: QUALIFYING MANCHESTER COPPER PRODUCTS, LLC AS ELIGIBLE
BUSINESS UNDER THE COUNTY’S TAX ABATEMENT PROGRAM

James Burton, representing Manchester Copper Products, LLC, stated the Company met with the County about two years ago on the issue, and is now at the point where it is ready to move forward on the project; it is excited about the technology it has developed; it is a new revolutionary technology for the manufacturing of copper tubing; and it is hopeful it can work in Brevard County where the inventor lives. He noted the Company is moving from Cape Canaveral to Rockledge.

Commissioner Scarborough stated the Company is adding 39 new jobs in the process. Chairman Pritchard stated the Company is also averaging $39,900 annually per new job.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution qualifying Manchester Copper Products, LLC as an eligible business under the County’s Tax Abatement Program and authorizing a public hearing to consider adopting an ordinance exempting the Company from select County ad valorem taxes. Motion carried and ordered unanimously.

RESOLUTION, RE: APPROVING MANCHESTER COPPER PRODUCTS, LLC AS A
QUALIFIED TARGETED INDUSTRY

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution approving Manchester Copper Products, LLC as a qualified targeted industry business and requesting the State waive the QTI local match requirement in lieu of the County’s tax exemption local match. Motion carried and ordered unanimously.

BOARD DIRECTION, RE: EXECUTIVE SEARCH FOR COUNTY MANAGER

Commissioner Colon stated the Board should wait at least six months to see how comfortable it is with the Interim County Manager; she feels very comfortable with the job Peggy Busacca has displayed in the last four years as an Assistant County Manager; there is going to be a lot of money that is going to be spent to do an executive search; and it would be fine if the Board wants to do that, but in six months, it is able to tell whether there is that comfort level. She noted Ms. Busacca may or may not want the County Manager position; she does not believe there is anyone out there who could do the kind of job as Ms. Busacca has; she has been down this path; and everybody looks good on paper, smiles, and tries to carry themselves well. She stated if there was an uncomfortable feeling on her side that Ms. Busacca could not do the job, then she would be the first one to ask the Board to move forward with an executive search; the process is a lengthy one; the County is going to spend thousands of dollars; and it may ask itself in five or six months why it spent all this money when it feels comfortable with Ms. Busacca. Commissioner Colon noted she does not believe anyone can fill those shoes; and she would probably not change her mind based on all the interviews she has done.

Commissioner Voltz stated Ms. Busacca is a great person; she can apply for the County Manager’s position; but the Board needs to go out for an executive search. She noted the Board has discussed fresh eyes in the past; it would be good to have somebody come in new to look at some of the things the County does; there are a number of financial and big budget issues that need to be dealt with, including road infrastructure that is not being done right now; and she has been through this process before. She stated the citizens would want the Board to get the absolute best; if it ends up being Ms. Busacca, then that is great; the Board has not asked Ms. Busacca if she wants the position; but she indicated she would be the Interim County Manager. She noted if Ms. Busacca wants to apply for the County Manager’s position that is fine; the other Assistant County Managers can apply also; but she would like the Board to go out for an executive search as well.

Chairman Pritchard stated he has a high regard for Ms. Busacca, but the Board would be doing her a disservice if it did not give her some light at the end of the tunnel in terms of if it seeks a nationwide search for a county manager, then Ms. Busacca has an option; she may or may not feel that she would like to apply for the position; and at least she would recognize that six months out or so she would be offered the opportunity for a decision and may not feel the Board is trying to throw something on her by somewhat encouraging her to take a position that she may not want. He noted the best thing the Board can do for the County is to initiate an executive search nationwide; and he likes option 2.

Commissioner Colon stated she is not saying for the Board to give Ms. Busacca the position now; it would be premature to do that; reiterated she has been down this path before; and the Board can still go with the process, but it should give itself a few months. She noted the transition has been smooth and she is pleased to see it; and if the Board wants to move ahead with an executive search that is fine too.

Commissioner Voltz stated she does not know how long it is going to take for a search; if the Board waits six months and then decides to do a search because Ms. Busacca decides she does not want the County Manager’s position, it has wasted six months of time; but in the process Ms. Busacca may decide she wants to apply for the position; and the best thing the Board can do time-wise is to go out for a search firm. She suggested the Board establish a committee of one business person per Commissioner to look at applicants rather than the Board doing all of it; stated business people in the community could review the applications; and the search firm could go to those people who would not necessarily apply for the job. She stated the Board could allow the community and search firm to get involved, but the Board would have the final say.

Commissioner Scarborough stated he was involved in the hiring of two city managers when he was Mayor for the City of Titusville; one time the City hired Hector Figueredo in-house and the next time it hired Randy Reid; in both cases, the City Council was extremely involved; and if the Board is not directly involved, it may not work to its advantage. He noted when the City hired Mr. Reid, the City Council members short-listed applicants, flew to the appropriate city, and talked to the police chief and people in the community; and there was not a committee. He stated it is only a commissioner who can understand the full gamut of issues; unless someone is the manager or attorney, he or she is not touching all of the issues; even department heads to some extent are restricted; and to give this issue to people who have not sat here is not going to work. He noted as to Commissioner Colon’s idea of deferring the search, he does not know if the County has to go out immediately or if it wants to defer a couple of months or three months and then come back. He stated there are a lot of things on the agenda; there is going to be a lot to do; and if Ms. Busacca is the County Manager ultimately, it would be good if she is hired, like Mr. Figueredo was hired, as the City looked around and did not limit it. Commissioner Scarborough stated a little delay would not hurt, but the Board would not be doing the appropriate thing in getting a committee together; this is not business, but he wishes in many ways it was; the County has to serve the public with whatever the needs are; and citizens of the community have certain rights to look to the County to deliver certain things. He noted maybe the County could get somebody to serve that was a mayor of a city at one time, but it is frightening to think that people can come in, simplify the issue, and see a point of view that could harm the County and the capacity of it to maintain a good staff that is able to handle the diversity of issues.

Commissioner Voltz stated the County needs to go out now for an executive search; it does not mean it is going to hire anybody at this time; and it is going to take time to do that. She stated each Council member of the Town of Malabar appointed someone to a review committee; the Council and each appointee sat down and reviewed all the applicants; they determined which ones they wanted to shortlist; and it helped tremendously having the Council involved with the community members.

Chairman Pritchard stated Commissioners Scarborough and Voltz are talking about selecting a candidate. Commissioner Scarborough stated option 2 includes a selection committee; and he is not into such a committee. Chairman Pritchard stated the Board is talking about an executive search and looking for candidates that would perform an executive search.

Commissioner Carlson stated option 2 says, “The Board would establish specific selection criteria and appoint a selection committee to review”; the Board could establish specific criteria and not necessarily have a selection committee; and it could be the selection committee or however it wants to address it. Commissioner Scarborough stated at any point in the process he does not want to have a selection committee. Chairman Pritchard stated the selection committee would be for the management search. Commissioner Scarborough stated he is opposed to that as well because it ultimately evolves into the selection committee that is also involved in reviewing. Chairman Pritchard noted both of them could be separated.

Human Resources Director Frank Abbate stated such option would include a normal RFP selection committee process where the Board would appoint members to a selection committee based on the criteria in option 2 or anything else the Board would like to establish; staff would put out an RFP in a format similar to the one that has been provided in the attachment; it would come back to the Board for a final decision; and there is only a handful of executive search committees in Florida that have the experience and do this kind of work. He noted he anticipates a limited number of responses coming back to the selection committee and then to the Board for consideration.

Commissioner Carlson stated the selection committee in this case is usually made up of staff members. Mr. Abbate stated it would be up to the Board who it wants to be on the selection committee. Chairman Pritchard stated it could be the five Commissioners, the Commissioners each making an appointment, or the Human Resources Director. Mr. Abbate stated if the Board wants the five Commissioners, then it is option 1, which is a request for qualifications; the letters would come directly to Purchasing and then the Board; the Board would make the decision; and a selection committee is not needed for the RFP process if the Board chooses such option. Chairman Pritchard stated option 1 is letters of interest. Mr. Abbate noted it is a lot of jurisdictions, counties, etc. rather than doing a formal RFP process; and it includes a request for qualifications, which is similar in nature to the RFP process. Chairman Pritchard inquired would the County want to know what the proposed strategy is, qualifications, experience, etc.; with Mr. Abbate responding yes, and it is all outlined in the request for qualifications proposal. Mr. Abbate stated the whole process and strategy firms would utilize is outlined; they would have to provide at least two examples of similar searches they have done in other areas and how they have gone through the process; it would all come back as a comprehensive information package for the Board to consider, along with costs they would be charging to conduct the executive search and the screening process, including background checks; and it would all be spelled out in their response. He noted staff outlined what the County would be looking for; the firms would have to respond showing how they would meet each one of those criteria.

Chairman Pritchard stated the difference he sees between options 1 and 2 is option 1 says, “No specific criteria would be used for evaluation”; and option 2 has specific criteria. Mr. Abbate noted in option 2, the Board would be appointing a specific selection committee that would use the criteria to grade the responses received; option 1 has the same criteria that would be put out in the RFQ, as it would be in an RFP; the difference is the responses of the comprehensive packages would come back for the Board’s consideration; and it is not limiting itself to how it makes the selection. He stated option 1 is assuming the responses are going to come directly back to the Board; as long as the requirements are fulfilled in each of the areas in the RFQ, then the Board chooses which one best meets the County’s needs without specific selection criteria; staff provides specific selection criteria in option 2 so the Board is giving the selection committee guidance in how it wants such committee to evaluate the issues; or the Board can decide how it wants to evaluate without establishing specific criteria if the responses come back to it.

Commissioner Voltz inquired will the executive search firms come before the Board with presentations so it can get to know the players or how will it work. Mr. Abbate responded it is up to the Board’s discretion; the firms would be responding to the scope of services provided in the attached consultant request for qualifications; section 3 outlines the scope of services; and information required for the evaluation is in section 4. He noted for a firm to have a responsive bid, it would have to answer all of the items, including cover letter, executive summary, experience, references, who it has recruited, what process it has utilized, and total costs; the firm would have to complete all of it and submit it as one package to the Board; and the Board could make a determination as it sees fit. Commissioner Voltz stated the Board could have a workshop if it desires.

Commissioner Scarborough stated when something comes before the Board, the whole community knows everything that is going on; it is part of a public process; if a Commissioner likes a particular candidate, he or she can articulate; and if a Commissioner has business or homeowner friends he or she wants to bring in to help go over things, he or she can do so. He noted he had animal folks meet with him yesterday; they helped him understand some of the problems; the ultimate issue comes back to the Board where it should be; and each Commissioner should make it a part of community discussion as great as possible. He stated by keeping such discussion in a Commissioner’s office, bringing the people he or she knows that care about Brevard County, and asking them to counsel the Commissioner is going to help; and everybody will be part of the discussion.

Commissioner Voltz stated that is the way the Board should do it; and inquired when it looks at the two or three people who are going to be doing the search, how does it interview them, does it do presentations or hold a workshop.

Commissioner Scarborough stated maybe the Board could first agree on three individuals, bring them in, and let them talk to it; sometimes architectural and engineering firms are interviewed and asked questions separately; when it is all over everyone can be brought in together; and sometimes Commissioners also have the opportunity to meet with folks individually in their offices. He noted the Commissioners are prepared to discuss issues individually, then there are presentations here, and the community is also present at that time; and it is a major decision that the County wants to make as much a part of the whole community as possible.

Commissioner Voltz stated this would not prevent a Commissioner from putting together a committee; and the Commissioner and individuals on the committee can review the applications together.

Commissioner Scarborough stated one county had an opportunity for short-listed candidates to meet in a social environment before the formal discussion; and the county found out which candidates could move through multiple issues well.

Commissioner Voltz stated when the Board gets the final group of eight or ten people, the entire community could come together; and the City of Palm Bay and Town of Malabar have done it.

Chairman Pritchard inquired are Commissioners Scarborough and Voltz talking about the search firms; with Commissioner Scarborough responding no, the actual hiring of a county manager. Chairman Pritchard stated the Board needs to deal with the firm first; and the County is only going to have a few people and maybe ten at the most. Mr. Abbate stated probably three or four people; he has surveyed Florida counties; and the same couple of names keep coming up. Chairman Pritchard stated the request is going to go out nationwide looking for a firm; there will be a selection process to narrow it down to perhaps three to five firms; they should make presentations to the Board; and it could get more social if it feels the need to do so. He noted the Board would make the decision as to which firm it would hire; and inquired who is going to do the culling to get to three to five firms. Commissioner Scarborough responded the Board would do it in a public meeting with public comment; it is the Board’s function; and the Charter says it is its function.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Option 1, to issue Request for Letters of Interest to qualified executive search firms with the objective of filling the position of County Manager through a nationwide search, and that the Board would be the selection committee to select the firm. Motion carried and ordered unanimously.

CITIZEN REQUEST - CARMINE FERRARO, PRESIDENT/MANAGING MEMBER OF
CARMEL DEVELOPMENT, LLC, RE: OFFSITE MITIGATION IN LIEU OF 25%
CANOPY PRESERVATION

Carmine Ferraro, representing Carmel Development, LLC, stated he is present to talk about his December 7, 2004 submission and the briefing meetings he had with each Commissioner last week; he has a 30+-acre subdivision zoned heavy commercial and light industrial; he is in the fourth year of his development, which commenced in 1999 with the construction of Curtis Boulevard and infrastructure including central sewer; and there are several finished projects and more planned for the coming years. He noted the two most recent site plans have been approved, subject to betterment plans, such plans involve a large volume of new plantings and relocations of existing canopy into an area that is insufficient for them to thrive due to the placement and existing soil conditions; and requested instead of planting additional trees that may have a lower survival rate and are ill-placed for this type of heavy commercial and light industrial zoning, and which are also impacting the density, making economic conditions less favorable and safety parameters harder to meet or exceed, that the Board consider action item 3 (b) or (c), which would allow him to purchase offsite and/or contribute to existing public rights-of-way or public lands that are already purchased for landscape improvements. He stated the Company will still meet all landscaping requirements with exception of the 25% canopy cover portion; there is a workshop coming up on January 20, 2005; he hopes to be part of good productive discussion and long-term solutions to help make the Ordinance work for all concerned; however, he is under time constraints. Mr. Ferraro noted within the next 15 to 20 days he needs to start purchasing some of the landscaping, particularly the trees and shrubs, to try to keep up with the post-hurricane schedule that he finds himself in at this time; he has two other site plans getting ready to come before the Board for approval; one of them is going to be an addition to the charter school; and all of the plans have the same type of tree conditions throughout the subdivision. He requested the Board approve his request today and grant him offsite mitigation; and stated he is willing to work out any details with staff to insure that all conditions are met and he is doing his fair part.

Commissioner Carlson stated when Mr. Ferraro met with her, he indicated he would be willing to wait until the January 20, 2005 workshop; the Board does not want to set policy here and then go to the workshop and find out maybe it was not exactly what it wanted to do; and suggested the Board approve option 2 as suggested by staff. She noted Mr. Ferraro laid out a lot of the potential benefits of offsite mitigation on his agenda item; she does not have a problem with it; they should have good discussion at the workshop; but the Board should first set it in stone and then allow Mr. Ferraro to do his development.

Mr. Ferraro inquired would the Board be able to make some kind of decision on January 20, 2005; stated it is a complicated issue; there are a lot of things that have to be considered; and he does not mind waiting until January 20, 2004 if he can see the light at the end of the tunnel, and not have to wait three to six months beyond that. He noted he is asking specifically for his site; he is not asking that this be the framework to rework the Ordinance, although there may be some components that have value that could be part of that; and he is asking for relief right now because he finds himself in a position where he has to delay his plantings and openings. He stated it would not be a problem to wait until January 20, 2005 if it was the intent that a decision could be made at that time; and that is his fear of waiting until then.

Commissioner Scarborough stated he met with Mr. Ferraro; Ernie Brown indicated the tree canopy on a site is the heat island, aesthetics, and a number of things; all of a sudden the County is getting into a mode of acquiring property; and when acquiring property for the County there should be some common sense on the acquisition. He noted Mr. Ferraro came in with something behind the shopping center; he does not know if it is appropriate or not; and inquired who makes the analysis. He stated if there were public lands within a close proximity to be used to make a more dense canopy logically because it belonged there maybe the County could move canopy onto public properties; that was the only thing that seemed to move in a logical manner; and inquired is the County using this to extort money out of a developer to move into a different fund for a different purpose. He noted he has never liked moving money from private interest just to fund a project that is totally alien; if there is a reason to have a canopy, it should result in a canopy in a close proximity; and that is what he shared with Mr. Ferraro.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Option 2, to continue request of Carmine Ferraro, President/Managing Member of Carmel Development, LLC to the January 20, 2005 workshop regarding offsite mitigation in lieu of canopy preservation.

Chairman Pritchard stated it has been shown with the hurricanes that most of the canopies ended up on the streets cut up where it was then disposed of; in the County’s quest to save 100-year old oaks, it found those were the first to go; the Board needs to address what it is trying to achieve; and if it is trying to achieve something that has an aesthetic affect, proper landscaping, and enhancement of the beauty of the development and the construction, that is one thing. He noted if the County is looking at a wooded site and then saying someone has to retain 25% of the canopy, but yet it is not really appropriate, then it needs to address that also; having to mitigate something offsite does not make any sense; the Board needs to address the onsite and be more reasonable in what it is addressing; and orange trees are now not going to be considered canopy and they never should have been as they are an agricultural crop. He stated some people say they would like to have palm trees factored in because they are so easily moved around on a property; but the County makes a lot of mistakes when it does this by requiring plantings of a certain diameter, caliber, or chest height; then they end up under power lines; and the County seems to do a lot of things that are wrong. Chairman Pritchard stated he understands Mr. Ferraro’s concern about the Board giving him a finite decision on January 20, 2005 so he can move forward; and encouraged the Board at that time to come up with a way to give Mr. Ferraro direction.

Commissioner Carlson stated hopefully the Board will have a good discussion at the workshop and staff provides good input and observations of how well the Landscaping Ordinance has worked, what some of the flaws are, and how to approach some of the issues; Mr. Ferraro has a good issue; and it needs to be addressed.

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

Commissioner Colon inquired what staff members will be organizing the workshop; stated she worked closely with Alan Woolwich on zoning issues and she was extremely impressed with the creativity that came from County staff; and encouraged the key players to take part in the workshop. She noted one example of the canopy was a project in West Melbourne and how things could work.

CITIZEN REQUEST - HARVEY HANLEY, RE: MISCELLANEOUS ISSUES

Interim Assistant County Manager Ed Washburn stated Mr. Hanley is not present today; he has been on the agenda a couple of times; unfortunately, the meetings have been long; and staff believes the issue is a civil matter. He noted perhaps Billy Osborne can talk to Mr. Hanley between now and the next time he wishes to be on the agenda.

Chairman Pritchard stated maybe Mr. Hanley and staff can resolve the issue.

The Board took no action on the citizen request of Harvey Hanley concerning miscellaneous issues.

DISCUSSION AND APPOINTMENT OF REPRESENTATIVE, RE: FLORIDA GOVERNMENT
CONFLICT RESOLUTION ACT PROCESS WITH CITY OF PALM BAY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to follow the Florida Government Conflict Resolution Act process with the City of Palm Bay regarding County Ordinance No. 04-48, and appoint Interim County Manager Peggy Busacca, Fire Rescue Director Bill Farmer, and County Attorney Scott Knox to attend the required conflict resolution meetings. Motion carried and ordered unanimously.

CITIZEN REQUEST - MICHAEL S. MINOT, P.A., RE: PELICAN CREEK ESTATES
ADDITIONAL SUBDIVISION

Chairman Pritchard stated the whole issue hinges around the 10-foot drainage easement; and that is what Michael Minot will be focusing his comment on.

Attorney Michael Minot, representing unit owners in a subdivision on Merritt Island, showed a plat of Pelican Creek Estates Addition No. 1 to the Board; stated it is the northernmost subdivision of a series of subdivisions that all look fairly identical and have certain dedications that occurred at the time of the platting process; and in the dedication of Pelican Creek Estates Addition No. 1 there are certain things that are dedicated to the public on the south end of the plat. He noted there is a canal that is designated canal number 2; Richardson Road is a 50-foot right-of-way; there is also canal numbers; and canals 1 and 2 are both 40-foot widths and are designated for purposes of allowing boat traffic. He stated from canal number 2 going south, a series of the matching subdivisions create a total of 80 feet between canal number 2 and the subdivisions; the next canal is dedicated immediately adjacent to that; however, that does not occur with canal number 1; and it would be the northern boundary of the series of subdivisions that was dedicated by the developer. He noted on the north end of canal number 1, there is a 10-foot strip, which says, “drainage easement 10-foot width”; it would be in addition to the 40-foot canal; and on top of that is the 10-foot drainage easement. Attorney Minot stated the plat was dedicated in 1960; in 1980, the 10-foot drainage easement was vacated by the Board; upon the vacation, there was no more public intrusion on the property; and there was no more public dedication and nothing that restricted whoever the private landowner was from having fee simple title to the property. He noted as a result of the 10-foot drainage easement being included within the boundaries of the plat, the canal property inured to the benefit of the successors to the developer of the subdivision; and the successors are the unit owners themselves; the unit owners of Lots 1 through 30 or arguably those that abut canal number 1, which are Lots 1 through 15, would have the benefit of receiving the reversionary interests that was created upon the vacation of the 10-foot easement area. He stated it is very significant because since 1980, there was a petition from Sammy Hanna; his property is to the north of the easement area in Morningside Heights; Morningside Subdivision will be located to the north of the north side of the plat of Pelican Creek Estates; and Mr. Hanna made an application to the Building Department for a dock. Attorney Minot stated Mr. Hanna also attached a survey; such survey legal description indicated that his property went to canal number 1; the dock was applied for to be located between Lots 8 and 9 of Pelican Creek Estates, but it would be on the north side of the canal; and using the erroneous information supplied by Mr. Hanna, he is not saying it was knowingly erroneous, but it was erroneous that he believed and his surveyor believed that he owned to canal number 1, but he does not, as it crosses the area that is the 10-foot easement that was vacated now inuring to the benefit of his clients and others in Pelican Creek Estates. He advised a permit was granted; today there is a situation where a series of things have happened; Mr. Hanna built a dock, which was not in conformity with the dock he was permitted to build; and it had to go through a variance request. He stated a variance was granted; the current status is that Mr. Hanna has applied for a permit to allow his dock that was constructed; and it is an after-the-fact type permit. He stated the request he is making to the Board is that any position it takes would be consistent with his clients’ property rights, which are that they own the 10-foot strip; therefore, there would not be a permit or a final inspection if the permit has been granted for purposes of the dock that crosses his clients’ property. Attorney Minot advised in the application files signed by Mr. Hanna, is a document titled, “Survey Status for New Construction and Swimming Pools”; apparently, it is a form filled out by everybody that submits a survey that is in support of their application; and it says, “I am attaching a survey as the applicant. The survey asserts what I am believing to be my property. If there is error in that survey then I may need to apply for either easement vacations, or variances, or things of that nature. If more accurate information comes to light other than what is on my survey, I bear the risk as the applicant.”

Commissioner Scarborough inquired is this a civil action; with Attorney Minot responding it can be. Commissioner Scarborough stated the County has gotten involved, but if somebody comes on his or her property, there is civil recourse.

Attorney Minot stated Commissioner Scarborough’s question implies that his client needs to go through some action to clear up what the County did in permitting someone to cross their property; it is a lot quicker and easier for the County to recognize what he believes to be indisputable; it is indisputable his client has the right of the 10-foot strip and that Mr. Hanna is crossing that property; and it is based upon a permit.

Commissioner Scarborough stated if somebody builds something on his property he has a right to go into court because he or she is on his property. Attorney Minot stated that is not disputable and Commissioner Scarborough is absolutely right. Commissioner Scarborough stated the County has obtained some information that Attorney Minot alleges has been given to it and is false information; and one cannot mislead somebody and then have estoppel. Attorney Minot stated that happened at 9:20 a.m. today as there was a rescission by the Board; and when the County finds there has been false information, has relied upon that information, and acted upon it, it has a chance, when it finds better and more accurate information, to do the right thing. Commissioner Scarborough inquired if that is the case, should the County not address it with the person who it believes has provided false information, and provide him or her the opportunity to respond. Attorney Minot stated he has no problem with that; he did not know Mr. Hanna was not notified of this action. Commissioner Scarborough stated Mr. Hanna needs to at least be notified by the County Attorney that there has been certain allegations that he provided false information; and inquired if Attorney Minot was on the other side, would he think that would be appropriate. Attorney Minot responded no question about it; and whether Mr. Hanna is present or not, the County Attorney can advise the Board as to whether there is a dispute as to the ownership of the 10 feet, if Mr. Hanna can properly make any claim, or if he is a proper party to make any claim after the vacation of 1980 as to the property that was located within the boundary of the plat and not the same plat where Mr. Hanna owns property. He noted if Attorney Knox tells the Board Mr. Hanna cannot have a claim unless he obtained some kind of right to cross his clients’ property from his property in Morningside Heights, then everyone is back where they are at an indisputable point.

County Attorney Scott Knox stated if the facts are as Attorney Minot portrays them to be, that the County probably issued a permit and the individual who applied for the permit did not own the strip of land, the law is the same as Attorney Minot stated, which is that the vacated area would inure to the benefit of the people in the subdivision; so it leaves the County in a position of issuing a permit that should not have been issued; and whether it is stopped or not, and whether Mr. Hanna has vested rights against the County, depends on what the circumstances were under which he gave the information that led to granting of the permit. He stated assuming Mr. Hanna had some sort of estoppel or vested rights against the County, it does not change the fact Attorney Minot’s clients also have the right to throw Mr. Hanna off the property if it is not his and he is there without consent.

Commissioner Scarborough stated the Board has heard from only one side; it would be appropriate by certified mail that the County Attorney’s Office advise Mr. Hanna that certain allegations were made, and if it is the case, there are ramifications of issuing a permit under false information; Mr. Hanna could have some time to respond; and Attorney Knox can bring the issue back before the Board.

Chairman Pritchard stated a Resolution was signed in 1980 by John Hurdle; and it states what Attorney Minot is stating.

Commissioner Scarborough stated the other side should have an opportunity to respond; and by letting him respond, the Board will not go in one direction and find it has to reverse itself.

Attorney Minot stated he would like to be present at the meeting if it was his property; and inquired if Mr. Hanna was notified about the item being on the agenda today.

Interim Assistant County Manager Ed Washburn stated it was unclear until he talked to Attorney Minot yesterday morning what he was going to ask the Board to do; the agenda item says, “Respectfully request the Board of County Commissioners provide direction to the County Building Department not to issue any permits”; however, the County already issued the permit; and it is not issuing any more permits in that same area until those things are cleared up. He noted he did not know whether Attorney Knox knew that the 10-foot drainage easement is, according to the survey, in the navigable water; whether that allows somebody to build a dock in that location he does not know; but the 10-foot drainage easement is not dry land, according to the survey. He stated there are some issues; Mr. Hanna has an attorney; and he did not contact Mr. Hanna because he did not know what was going to be asked of the Board.

Chairman Pritchard stated Mr. Washburn brings up a point that he also spoke with Attorney Minot about, which is a drainage easement in the water; it is a navigable canal and public access canal; one can float a boat; and inquired who owns the land under the water and is it the easement the Board is talking about.

Attorney Knox responded that all depends; the County has run into that issue before when it tried to dredge one of the creeks it approved recently in an MSBU; some of the owners claimed ownership out to the centerline of the canal; so it depends on what the circumstances are; and he is not prepared to tell the Board at this time as he has not seen the plat and does not know if it is dedicated.

Chairman Pritchard stated previous property he owned was to the middle of a canal, but he was still not able to build the dock to the middle of the canal; he was still not able to secure ownership of it in telling people they could not come down the navigable canal; so even though he had ownership and he was paying taxes on one-half acre of which 60 feet was out in the canal, it was not his per se; and he could not keep anyone off of it.

Attorney Knox stated that may be the case here too, but he cannot tell the Board without looking in more detail at what the problem is.

Commissioner Scarborough stated perhaps Attorney Knox can be assisted in the process by Mr. Hanna’s attorney putting his posture forward; and the County can speculate what posture it may take; but if it sends a letter, it will know what Attorney Knox needs to do next before he brings the issue back to the Board. Chairman Pritchard stated he agrees.

Attorney Knox inquired who is the Attorney for Mr. Hanna; with Attorney Minot responding Kevin Markey.

Commissioner Colon stated she asked Attorney Knox if he was comfortable meeting both parties in his office; he said that would be fine; and that way he can prepare and address things before the issue comes back to the Board.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to direct the County Attorney to meet with Attorney Michael S. Minot, representing clients in Pelican Creek Estates Addition 1 Subdivision, and Attorney Kevin Markey, representing Sammy Hanna, concerning civil recourse, alleged false information, and dispute of ownership of property; and report back to the Board. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH UNITED STATES MINERALS MANAGEMENT SERVICE, RE:
USE OF OUTER CONTINENTAL SHELF SAND FOR BREVARD COUNTY SHORE
PROTECTION PROJECT

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to execute Lease Agreement with United States Minerals Management Service to allow the use of Outer Continental Shelf sand for construction of the North and South Reaches of the Brevard County Shore Protection Program.

Natural Resources Management Director Ernie Brown stated the item was pulled from the Consent Agenda because the County Attorney’s Office notified staff of some concerns it had in the Lease Agreement; and it is an easily resolvable issue, one that has been addressed before, and has found resolution with the Service. He stated the Army Corps of Engineers is going to award contract this week and notice to proceed on January 20, 2005; and he would propose an alternative process if the Board would entertain it, which is once the County Attorney is satisfied with the conditions, the Board would authorize the Chairman to sign the Lease Agreement.

Commissioner Voltz inquired is the issue time-sensitive; with Mr. Brown responding extremely.

Commissioner Colon inquired can the item be brought back on January 13, 2005; with County Attorney Scott Knox responding yes.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table Lease Agreement with United States Minerals Management Service to allow the use of Outer Continental Shelf sand for construction of the North and South Reaches of the Brevard County Shore Protection Program to the January 13, 2005 meeting. Motion carried and ordered unanimously.

APPROVE JOINT PROJECT WITH CITY OF COCOA BEACH, RE: ADDITION OF DOG
PARK AT LORI WILSON PARK

Commissioner Carlson stated the item is a partnership with the City of Cocoa Beach, which is great; it is committing to a restroom, fencing, etc.; Parks and Recreation Department is operating and maintaining the facility; and when Wickham Dog Park was created, the County did not have those provisions in there. She noted there is no fiscal impact here, so she does not know how much it is costing the County; there will be two dog parks to operate and maintain now; she does not have a problem going forward as long as everything is in order when it comes to the operation and maintenance of both parks and they are done in a similar fashion.

Chairman Pritchard stated he would like to go forward and then get everything in order as the County moves forward with the parks.

Commissioner Carlson inquired can the County not open another dog park until the first park is figured out.

Parks and Recreation Director Chuck Nelson responded the item will come back in the form of an interlocal agreement; staff needed to get the Board’s blessing to proceed; so it will see the item again; and by that time, those issues will be addressed.

Chairman Pritchard stated earlier today one of the concerns he had was that allegedly the dog park at Wickham Park is not being as well maintained as the dog owners said it would be; he has gone out on a limb for the dog community; he does not have a dog, but he has encouraged the dog park at Mitchell Ellington Park; and he was proposing a dog beach. He noted if the Board finds that the people who are bringing their dogs to these parks are not going to live up to their side of the bargain, then they are going to be hard-pressed to have the Board champion their cause. Commissioner Carlson stated the Board has seen it before; she has the same perspective; and those kinds of concerns are huge.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve a joint project with the City of Cocoa Beach to develop a dog park element at Lori Wilson Park. Motion carried and ordered unanimously.

DISCUSSION, RE: MATRIX FOR ORDINANCES

Commissioner Scarborough stated he finds it problematic for the public to take a complex Ordinance without having it in a matrix form; staff could do a matrix; if there are suggested changes by the LPA, they could be shown as a part of the matrix; and the Board is used to looking at things that are underlined and crossed through. He noted it would allow the community to better understand some of the conversations.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to prepare a matrix as a part of each Ordinance that amends an existing Ordinance. Motion carried and ordered unanimously.

Commissioner Colon inquired if staff has started that concept; stated the Planning and Zoning Board had a meeting yesterday; anything that is controversial is supposed to be worked out with staff to make sure the parties involved get together; then the item comes to the Board of County Commissioners; and it was a direction from the Board.

Interim County Manager Peggy Busacca stated she asked the Planning and Zoning staff about it; they have a meeting scheduled with Commissioner Colon to discuss the issue; and inquired did staff have a misunderstanding. Commissioner Colon responded yes; the Board gave that direction; it is unfair that folks do not have an opportunity to meet; and they come before the Board, and the item gets tabled. She stated about 40 people spoke on the issue; it is a shame because it goes back to everyone having to meet again; and the Board is trying to stop that process.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 6:22 p.m.

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

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