April 27, 2004

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on April 27, 2004 at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chair Nancy Higgs, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend Jay Seabrook, St. Luke’s Presbyterian Church, Titusville, Florida.

Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Minutes of February 19, 2004 Special Meeting. Motion carried and ordered unanimously.

RECOGNITION OF BREVARD COUNTY, RE: TELLY AWARD

County Manager Tom Jenkins stated Brevard County, through its Office of Emergency Management and Space Coast Government TV, submitted the Hurricane Safety video as part of its Weather Watch video series; such video has been awarded the Telly, which is a national award that is received for cable television and other types of productions of video, etc.; and recognized Mary Bolin from Emergency Management, and Danielle Stern and John Bober from SCGTV. He noted the video was created as part of the Brevard Prepares Program of the Office of Emergency Management and produced with the help of Mr. Bober; the Telly Award honors outstanding work of the most respected agencies, production companies, non-network television stations, and corporate video departments in the world; the Telly Award is a widely-known and highly respected national and international competition and receives over 10,000 entries annually from all 50 States and many foreign countries; and the mission of the Telly Award is to inspire, promote, and support creativity in the visual arts. He stated following the meeting today, SCGTV will run the video on the air.

Chair Higgs presented the Telly Award to Ms. Bolin and Ms. Stern.

Mary Bolin, Office of Emergency Management, stated the Office deals with businesses, municipalities, and residents to get them prepared and educated on the hazards in the County; and recognized Tony Mulqueen from Harris Corporation and the past president of the Industrial Crisis Working Management Group. She noted Mr. Mulqueen is a big supporter of Brevard Prepares; through him came the inspiration to do the series; in educating his employees at Harris Corporation, Mr. Mulqueen found he did not have any type of educational video that was entertaining and the employees would like to watch; so it started the program. She stated staff wrote the grant, got it funded, and produced it with the help of Mr. Bober; Mr. Bober spent many hours taping and re-taping; and introduced Julian with Brant and Ronat, who did the illustrations and art graphic work. She noted Karen LaBlanc was the script writer and talent; Jim Ward also was a talent; the National Weather Service was also very supportive; and Bob Lay was instrumental in giving staff the opportunity and freedom to do a creative work in honor of Brevard Prepares and Brevard County Emergency Management.

Chair Higgs expressed appreciation to the individuals for their hard work. Commissioner Carlson stated the video is very good.

FINAL PLAT APPROVAL, RE: THE PRESERVE AT LONGLEAF

County Manager Tom Jenkins requested Item III.A.3., Final Plat Approval, Re: The Preserve at Longleaf be withdrawn from the agenda as the plat is not completed.

The Board withdrew final plat approval for The Preserve at Longleaf from the agenda.

PERMISSION TO SCHEDULE, RE: ADDITIONAL BOARD MEETING IF NECESSARY

County Manager Tom Jenkins stated he mentioned the possible need of an extra meeting on May 25, 2004 to finish the Board’s May 18, 2004 agenda; and requested the Board give him the flexibility to schedule the meeting if the agenda requires it. He noted if the additional meeting is not needed, he will not schedule it.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize the County Manager to schedule an additional Board meeting on May 25, 2004, only if necessary. Motion carried and ordered unanimously.

RESOLUTION, RE: SUPPORTING HARRY T. AND HARRIETTE V. MOORE
COMMEMORATIVE STAMP

Commissioner Scarborough introduced Winston Scott; stated Mr. Scott is a native Floridian, FSU graduate, and an astronaut; he was Vice-President of Student Affairs at FSU and Assistant Dean at the College of Engineering; now he is the Director of the Florida Space Authority; and Mr. Scott fit immediately into the community.

Leroy Smith introduced individuals on the board for the Harry T. and Harriette V. Moore Cultural Complex and who worked with the Harry T. Moore Festival this year, including Juanita Barton, Charlie Smith, Tracy Moore, Adrienne Campbell, and Max King. He expressed appreciation to the Board for its support; and showed a video presentation to the Board and audience introducing the Harry T. and Harriette V. Moore Cultural Complex and proposing a U.S. Postal Service Commemorative Stamp to honor the Moore’s legacy.

Commissioner Scarborough read aloud a resolution supporting the Harry T. and Harriette V. Moore commemorative stamp.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution supporting Harry T. and Harriette V. Moore Commemorative Stamp in recognition of the efforts and sacrifices they made toward justice and equal rights for all Americans. Motion carried and ordered unanimously.

Commissioner Scarborough presented the Resolution to Mr. Scott and the representatives.

Winston Scott stated as honorary co-chair of the Inaugural Moore Heritage Festival of the Arts and Humanities, on behalf of Harry T. and Harriette V. Moore Cultural Complex, and in remembrance of the Moore’s tragedy and contribution to civil rights, he receives the Resolution to present as a request to the U.S. Postal Services for a commemorative stamp. He thanked members of the Harry T. and Harriette V. Moore Committee that made all this possible; stated the people who really did all the work were those individuals behind him in the audience; and expressed appreciation to them and the Board.

Chair Higgs stated the recognition of the people who worked on the park and memorial is very fitting because it is a beautiful piece of property for the sacrifice that was made; everyone should take the opportunity to see it as it is special; and County staff worked with the Committee in making this come to fruition and did an outstanding job.

APPOINTMENT, RE: OUTDOOR MUSIC COMMITTEE

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to appoint Kelly Haugh to the Outdoor Music Committee. Motion carried and ordered unanimously.

PERMISSION TO SCHEDULE AGENDA ITEM, RE: TIMING OF IMPACT FEE PAYMENTS

Commissioner Pritchard stated one of the things he brought up at a previous meeting was the way in which the County collects impact fees currently on construction in that it comes at the time of certificate of occupancy; it is creating a problem; the County would be better off if it were to collect the impact fee payment up front with the issuance of a permit; and he has a memo from Steve Swanke. He requested the item be scheduled on the agenda at the next meeting, with Mr. Swanke or someone from the Planning and Zoning Office in attendance to discuss the impacts of the way the County currently collects the fee versus if it collected the payment up front, which would have less staff time involved with explaining why there is the

 

PERMISSION TO SCHEDULE AGENDA ITEM, RE: TIMING OF IMPACT FEE PAYMENTS

impact fee at the end of the permitting cycle; in the case of owner/builder, people tend to forget that they have a significant fee; if it was collected up front when everyone is enthused about construction, it would be more easily remembered and paid; and at the end of construction, people, especially owner/builders, are a little worn out by the process and the last thing they want to face is a fee of a couple thousand dollars that they may have forgotten.

Commissioner Scarborough stated the issue was discussed at one time, but there was some problem with the flow of funding; in a construction draw, the last draw and conclusion was the money seemed to flow to pay the impact fees easier than at the earlier end; the County may want to bring in some people in mortgage lending and homebuilding trades; and it became problematic for them having the sufficient funds as opposed to when they close out the account, which is when things come together. He noted the issue is well worth discussing and he welcomes it.

Chair Higgs stated perhaps staff can be prepared to discuss the item at the workshop on Thursday since the Board will be discussing impact fees; and if not, the issue can be put on the agenda later on. Commissioner Pritchard noted there are a lot of points that need to be addressed; and it would be better handled if it were done differently.

Commissioner Colon requested the item be put on the agenda as she does not want people on Thursday to misconstrue the impact fee discussion. Chair Higgs noted if Commissioner Colon wants to separate the discussion, that is fine.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to direct the County Manager to schedule discussion concerning the timing of impact fee payments on the May 4, 2004 Agenda. Motion carried and ordered unanimously.

PRESENTATION BY SCHOOL BOARD CHAIRMAN RICH WILSON, RE: SCHOOL IMPACT
FEES

County Manager Tom Jenkins stated Dr. Richard DiPatri and Rich Wilson can make their presentation at 11:00 a.m. instead of 1:00 p.m. since the Board was concerned it would finish the meeting before noon today.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to allow the presentation by School Board Chairman Rich Wilson regarding school impact fees at 11:00 a.m. instead of 1:00 p.m. Motion carried and ordered unanimously.

SAMPLE THE ARTS, RE: BREVARD MUSEUM OF ART AND SCIENCE

Commissioner Carlson stated Brevard Cultural Alliance (BCA) sponsors Sample the Arts; and Dave Pollei is present from the Brevard Museum of Art and Science.

Dave Pollei, Executive Director of Brevard Museum of Art and Science, stated the Museum is a member of the Brevard Cultural Alliance (BCA) and one of the institutions that receives County funding through the BCA; he has been at the Museum three months; and expressed appreciation to the Board and County. He noted the County Manager helped him learn about Brevard County and how it works; he has felt welcome in the community; the Museum has been in existence since 1978; and it has over 25 years of service to the community. He stated it has a four-building complex in the old downtown area of Eau Gallie; the Museum is both an art and a science museum; it has begun the process of institutional planning; and it was put on hold for a number of years because of various problems. He noted there are several new board members, including a retired Harris executive who has agreed to commit a minimum of an hour and a half per week to leading the planning process, which will be an inclusive process; the Museum has asked for advice from various executives within the community, community leaders, and past owners or founders; it will be talking to County and municipal governments trying to assess the needs of the community; so over the next several months the Museum will look at virtually every part of its operation and the audience it serves, and will try to bring an increased level of community service to what it does. Mr. Pollei stated the Museum is and will continue to be committed to education first and foremost; it is an educational institution; it will be committed to community service and partnerships within the community; and there are a number of wonderful institutions within the County. He noted together the institutions can do much more than they could on their own; part of what he has done the first three months is meet with as many people as he could including the staff at the museum in Cocoa and other arts organizations and groups; the Museum has begun partnerships with Florida Tech and the Eau Gallie Library to share audiences; and it tries to add to the way it presents its services to meet the needs of different learning styles. He stated sharing information makes a great deal of sense; the programs the Museum offers are and will continue to be exhibition classes; it has free lectures and workshops; care and development is one of the Museum’s priorities; and it has outreach programs and offers some social functions. He noted the Museum is a 501C3 public charity; memberships account for 21% of the funding; tuition for classes accounts for 18%; and there are several auxiliary groups that raise funds and help the Museum generate earned income, which is 14% of the operating budget. He stated general contributions account for 13%; federal, State, and local grants account for 8% of the budget; admissions income is 7%; and in special events, the endowment and other miscellaneous income makes up the rest. Mr. Pollei stated the Museum is trying to keep the diversified income base but also grow it through increased donations and community activities; it has a series of ads that have begun airing; it will be having some ads sponsored in Florida TODAY; and the Museum is trying to increase its community visibility. He noted upcoming at the Museum currently an exhibition by Florida artist Fran Hardy is on display; it is a wonderful exhibition; Ms. Hardy is a unique painter; and the Museum has a retrospective of her work, which is the only retrospective she has had to date. He stated in the Science Center is the NASA space art collection; the Museum recently signed another Agreement with NASA for a year to borrow from its collection; the Water Color Society is another group the Museum works with; and it has a series of workshops coming up. He noted May is the Turkey Creek Kayak Tour; the County is invited to come kayaking on Turkey Creek; every month on the first Friday the Museum has Jazz Fridays; and it is for the members and general public. Mr. Pollei stated the next Museum Monday is May 17, 2004; it is a free lecture; the next program will feature a floral arrangement, which goes along with Ms. Hardy’s exhibition; and the new Museum book club meets the fourth Monday of every month. He noted the Museum continues to offer Art in the Park in Pineapple Park, which is a free event for families and children to create art work; the Gallery Pals Program is also free; the Museum is open Tuesday through Saturday from 10:00 a.m. to 5:00 p.m. and Sunday from 1:00 p.m. to 5:00 p.m.; and the next exhibit opens in May 2004, which features a contemporary water color artist working with a number of contemporary American quilters. He stated one of the things the County will see at the Museum over the next year or two is a greater variety and diversity of exhibitions; and he hopes to come back in a few months to give the Board a progress report.

REPORT, RE: CHARTER REVIEW COMMISSION’S AND BOARD’S ROLES

Commissioner Colon stated the County has been in the process of having the Charter Review Commission (CRC) make major decisions and getting feedback from the community; there is also some misconception of what the Board’s powers are; and requested the County Attorney provide clarification.

County Attorney Scott Knox stated the only role the Board has with regard to the CRC is to appoint its members and put any amendments the CRC passes through the panel of attorneys on the ballot.

Commissioner Carlson noted it passed the constitutionality test; with Attorney Knox responding that is correct. Attorney Knox stated the CRC suggests proposals that go through a panel review by the three attorneys; if they pass constitutional muster they come to the Board; and the Board is required to put them on the ballot.

PERMISSION TO SEND LETTER TO FLORIDA HIGHWAY PATROL, RE: COVERAGE

Commissioner Colon stated about a year and a half ago her office sent a letter to Bob Kamm concerning putting landscaping and trees, and encouraging the State to put railing on I-95; and requested the Board have a stronger voice on the issue. She noted she does not see the presence of the Florida Highway Patrol on I-95 very much; expressed concern with the head-on collisions; and inquired what can the State do to prevent that. She stated if no one else is protecting the County, then what can it do in the community to protect itself and its citizens; and it is not only the tourists that are getting killed, but the County’s citizens, as I-95 is the only route they are able to use to travel from north to south.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to authorize the Chair to send a letter to the Florida Highway Patrol inquiring about the coverage in Brevard County and advising of the number of recent fatalities. Motion carried and ordered unanimously.

 

PERMISSION TO SEND LETTER, RE: NEED FOR GUARDRAILS OR TREES IN MEDIANS
ON I-95

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to authorize the Chair to send a letter to Governor Bush with copies to Florida Department of Transportation (FDOT) and the Brevard Delegation advising of recent fatalities on I-95, the need for guardrails or trees in the median on I-95 to prevent cars from crossing the median resulting in head-on collisions, and the willingness of people in the community to donate and plant trees. Motion carried and ordered unanimously.

Commissioner Carlson stated the Board has been talking about the issue of guardrails for a long time; when I-95 gets six-laned it will happen in the center; but it is a good idea to address the potential tree plantings even though the median is angled for retention; and there is something that can be planted there. She noted if FDOT would allow the County to do that or work with it in partnership, it would be a great project; and the best buffer is to have solid trees there.

Commissioner Pritchard stated Representative Bob Allen tried to have some of the funding that has been set up for the High Speed Rail that is running from Orlando International Airport to Tampa Airport diverted to guardrails on I-95; and it was soundly defeated. He noted it was defeated with the comment that the High Speed Rail would be a benefit to the State, whereas, the guardrails on I-95 were not; that type of thinking escapes him; and that is what the County is up against when it comes to the State level mentality on what might be important on one of the interstate highways.

Commissioner Colon stated maybe those are the folks who should get a list of the fatalities in Brevard County; and they are welcome to attend the funerals to see it for themselves.

Commissioner Pritchard requested copies of the letter also be sent to members of the House of Representatives, especially those who voted against diverting High Speed Rail funds to fund guardrails on I-95.

RESOLUTION, RE: PROCLAIMING LAW DAY

A representative on behalf of the Brevard County Bar Association and Law Week Chairman, stated Law Week was established by Dwight D. Eisenhower in 1958; it was established to celebrate the great heritage of liberty, justice, and equality under the law; this year’s theme is to win equality by law, Brown vs. Board of Education at 50; and this year’s theme centers on the 50th Anniversary of the Supreme Court’s milestone 1954 ruling in Brown vs. Board of Education. She noted the culmination of a long line of court cases brought by the NAACP, Brown not only struck down the laws segregating public schools, but also sounded the death knell for government-sanctioned segregation generally, made all Americans more aware of the Constitution’s promise of equality, and helped launch the civil rights movement. She stated the Brevard County Bar Association yearly celebrates Law Day and Law Week; it had a Countywide school-aged Law Week poster and essay contest; packages were sent to all of the principals of the public and private schools in Brevard County; and there were approximately 150 entries this year and a winner was picked in each category K through 2, 3 through 5, 6 through 8, and K through 12. She noted there will be a Law Day luncheon on May 5, 2004 at the Imperial Hotel and Convention Center; the featured speaker will be Dr. Michael Klorman; he is the James Monroe Distinguished Professor of Law and Professor of History at the University of Virginia; and he published a book this year about the Brown decision, entitled “From Jim Crow to Civil Rights, the Supreme Court and the Struggle for Racial Equality.” She stated Dr. Klorman will be discussing the impact of the Court’s landmark decision and the consequences of the Court’s decisions for American race relations; the Board and general public are invited to attend; said luncheon will be held at 11:30 a.m.; and for more information individuals can contact the Brevard County Bar Association. She noted she has a small token to remind the Board about Law Day on May 1, 2004; it is a packet of seeds; since 1958, May 1st has been set aside as Law Day, a special day to reflect on our great heritage of liberty, justice, and equality under law; and May 1st is also May Day, celebrated in many parts of the world as a springtime festival. She quoted from the 1954 Landmark Decision and Court opinion written by Chief Justice Earl Warren, as follows: “We conclude that in the field of public education, the doctrine of separate but equal has no place. Separate education facilities are inherently unequal.” She noted a photograph she remembers from growing up in her history courses, “High Court Bans Segregation in Public Schools”, is a moving picture she wants to share with the Board and audience.

Commissioner Scarborough stated Attorney Marshall, before he became Supreme Court Justice, slept in Harry T. and Harriette V. Moore’s house before it was bombed; and it is interesting how these relationships come back.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution proclaiming May 1, 2004 as Law Day and the beginning of Law Week, and encouraging citizens, schools, and businesses to dedicate themselves to preserve and strengthen the rule of law. Motion carried and ordered unanimously.

Commissioner Scarborough presented the Resolution to the representative of the Brevard County Bar Association.

RESOLUTION, RE: PROCLAIMING MELBOURNE BRANCH OF THE AMERICAN
ASSOCIATION OF UNIVERSITY WOMEN WEEK

Chair Higgs read aloud a resolution proclaiming Melbourne Branch of the American Association of University Women Week.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Resolution proclaiming April 26 through May 2, 2004 as Melbourne Branch of the American Association of University Women Week to honor its 75th anniversary and encourage all residents to become aware of the continuing contributions made by the members of the Association. Motion carried and ordered unanimously.

Ms. Flynn stated she accepts the Resolution on behalf of the American Association of University Women, Melbourne Branch, which is a diverse membership of educated and socially concerned women; some have advanced degrees and some have none; some of the members are men; and the members include doctors, lawyers, judges, teachers, businesswomen, artists, and homemakers. She noted the Association was founded as far back as 1881; it supported diverse careers for women; it provided Madam Curie money for her supply of radium; a basic interest is in furthering the education and careers of young women; and while the national organization supports lifelong learning and funds many post-graduate fellowships for women, the Melbourne Branch also tries to support the education and development of very young women. She stated the Association provides science fair awards, accelerated reader awards, chess club awards, and scholastic awards to female graduates of Florida Tech.

Chair Higgs presented the Resolution to Ms. Flynn and Ms. DiMatio.

RESOLUTION, RE: COMMENDING ALAN WOOLWICH

Commissioner Carlson read aloud a resolution commending Alan Woolwich for his accomplishments on behalf of the Florida Association of Volunteer Agencies for Caribbean Action.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution commending Alan Woolwich for his volunteer accomplishments on behalf of the Florida Association of Volunteer Agencies for Caribbean Action. Motion carried and ordered unanimously.

Alan Woolwich expressed appreciation to the Board for the recognition; stated there are many other people in Brevard County and Central Florida who have been doing community service work and providing funding for groups in Haiti; they have done a tremendous job and saved a lot of lives and families; and thanked Dan Johnson, a retired engineer from Kissimmee, who led the team in doing the practical applications of the plan, and Bill Young from University of Central Florida Solar Energy Center. He noted practical applications of solar energy in the infrastructure projects in Haiti were done; they are renewable, maintainable, and do not use a lot of energy; it has been a great experience to work with planners from the United States, Haitian planners, Haitian-Americans from South Florida and Central Florida working in Haiti, and planners from around the world from the Caribbean nations, Canada, France, and the rest of the European community; and it has been a great opportunity to apply the consensus-based community planning concepts. Mr. Woolwich stated he is looking forward to next year in working with the U.S. Southern Command and the United Nations in recovery efforts in Haiti and volunteer missions; everyone should appreciate how important sound local government is in democracy; when one does not have it and is trying to build it, it is an incredible task; and this level of government is very important and a huge part of the success of democracy.

Commissioner Carlson presented the Resolution to Mr. Woolwich.

Chair Higgs stated the County has people who do wonderful community service; and in looking at her Museum passes, she will encourage the Commissioners to give their passes to Country Acres so they can do some service for the children. Commissioner Scarborough stated he will deliver the passes to Country Acres.

RESOLUTION, RE: PROCLAIMING HURRICANE AWARENESS MONTH

Commissioner Pritchard read aloud a resolution proclaiming May 2004 as Hurricane Awareness Month.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution proclaiming May 2004 as Hurricane Awareness Month and encouraging the cooperation of the National Weather Service, all municipalities, and media to inform residents and visitors of appropriate preparedness and safety measures. Motion carried and ordered unanimously.

Bob Lay, Emergency Management Director, stated Mary Bolin and Nancy Smith are present with him today; his Office works very hard during hurricane season and primarily on the mitigation effort that has to take place prior to getting into hurricane season; this year the County is looking at about 14 named storms and at least about eight hurricanes; and three of those hurricanes will probably be major. He noted it does not matter what the numbers are, but whether the hurricane comes here or not; that is what his Office has to prepare for; and with the County’s help, it will be able to continue to make the residents more aware and the business industry more viable so they can come back immediately following one of these disasters.

Commissioner Pritchard presented the Resolution to Mr. Lay.

Bob Bolin stated he is a member of the Space Coast Defense Alliance, which sole purpose is to keep Patrick Air Force Base (PAFB) open and viable as a military installation; expressed appreciation to the Board for adopting the Resolution at the last meeting; stated he hopes the Board will continue to support the Alliance; and without the County’s support, it could possibly lose PAFB. He noted he is the former mayor of the City of Satellite Beach; and thanked the Board for its support of the City and the prayers when he was ill. He congratulated his wife, Mary Bolin, on being recipient of the Telly Award, which is wonderful.

 

 

 

FINAL PLAT APPROVAL AND CONTRACT WITH LENNAR HOMES, RE: HERITAGE ISLE
SUBDIVISION, PHASE II

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final plat approval for Heritage Isle Subdivision, Phase II, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining jurisdictional permits; and execute Contract with Lennar Homes guaranteeing improvements in the Subdivision. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL AND CONTRACT WITH MERCEDES HOMES, INC., RE:
PALMETTO SUBDIVISION

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final plat approval for Palmetto Subdivision, subject to minor changes if necessary, receipt of all
documents required for recording, and developer responsible for obtaining jurisdictional permits; and execute Contract with Mercedes Homes, Inc. guaranteeing improvements in the Subdivision. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: EAGLE POINT AT BENT OAK SUBDIVISION

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final plat approval for Eagle Point at Bent Oak Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: CRANE’S POINT AT AQUARINA

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final plat approval for Crane’s Point at Aquarina, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining jurisdictional permits. Motion carried and ordered unanimously.

WAIVER OF SECTION 62-102, MAXIMUM LOTS UTILIZING SAME EASEMENT, RE:
SHAWN AND CAROLYN PLATT

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to waive provisions of Section 62-102, as requested by Shawn and Carolyn Platt, to allow a third lot to utilize the same easement for an additional building permit. Motion carried and ordered unanimously.

 

 

 

 

WAIVER OF 15-FOOT BUFFER AND ALLOWANCE OF FOUR EASEMENT LOTS, RE:
HARBOR SOUND SUBDIVISION

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to waive the 15-foot perimeter buffer on the east side of Harbor Sound Subdivision and authorize four easement lots within the proposed subdivision. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH DAWN ISON, RE: TIMBERWOLF TRAIL

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Dawn Ison for a building permit off an existing right-of-way known as Timberwolf Trail, which has been constructed to the standards of the Unpaved Road Code of Ordinances, Section 62-102. Motion carried and ordered unanimously.

APPROVE CREATION OF FLAG LOTS AND FRONTAGE LOTS ACCESSING DIXIE
WAY AND SUNSET AVENUE, RE: DENNIS BASILE

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve creation of seven flag lots and nine road frontage lots accessing Dixie Way and Sunset Avenue as requested by Dennis Basile. Motion carried and ordered unanimously.

TASK ORDER NO. 98-002-39 WITH POST, BUCKLEY, SCHUH & JERNIGAN, RE: DESIGN
OF LAKE GEORGE STORMWATER IMPROVEMENTS

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Task Order No. 98-002-39 with Post, Buckley, Schuh & Jernigan, Inc. for design of Lake George Stormwater Improvements adjacent to Chase Hammock Road, Lake George, and Kings Park Marsh as part of the North Merritt Island Stormwater Master Plan improvements, at a cost of $43,872. Motion carried and ordered unanimously.

AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: FAY
LAKE PHASE II PROJECT

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with St. Johns River Water Management District for a grant of $130,000 to partially fund the Fay Lake Phase II Water Quality Enhancement Project. Motion carried and ordered unanimously.

 

APPOINT NEGOTIATION COMMITTEE AND AUTHORIZE NEGOTIATION OF CONTRACTS,
RE: PROFESSIONAL SERVICES FOR DESIGN OF REGIONAL STORMWATER
UTILITY

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to appoint Ed Washburn, Eden Bentley, Michael Powers, and Ronald Jones to the Negotiating Committee; authorize the Committee to negotiate contracts for professional services with the five selected firms for design of Regional Stormwater Utility projects; and authorize the Chair to execute the negotiated Contract(s).  Motion carried and ordered unanimously.

PERMISSION TO SOLICIT QUOTES AND AUTHORIZE COUNTY MANAGER TO AWARD
LOWEST RESPONSIVE QUOTE, RE: MATERIALS FOR ROADWAYS AND
LANDSCAPING CONSTRUCTION PROJECTS

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize staff to utilize written quotations to acquire construction materials on a job-by-job basis; and authorize the County Manager or his designee to award quotes to the lowest responsive quoters through September 30, 2004 for materials that vendors are not able to provide during that time period. Motion carried and ordered unanimously.

RESOLUTION, RE: INITIAL ASSESSMENT FOR TREASURE LANE PHASE II ROAD
PAVING MSBU

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt an initial assessment Resolution authorizing the acquisition and construction of assessable improvements consisting of construction of streets, roads, bridges, drainage, and appurtenant vehicular transportation facilities all within the unincorporated area of Brevard County, Florida, District 3 known as the Treasure Lane Phase II Road Paving Municipal Service Benefit Unit; providing a description and location of said assessable improvements; establishing a description and location of all real property benefited by said assessable improvements and subject to special assessment for the cost thereof; notice of the Board’s intent to impose the assessments; determining real property abutting upon or adjacent to said assessable improvements will be specifically benefited by the construction of said improvements and the portion to be assessed against specially benefited abutting or adjacent real property; determining and providing for the manner and method of computing such special assessments and providing for the publication of this Resolution and providing an effective date. Motion carried and ordered unanimously.

PURCHASE ORDER WITH WEBSTER VETERINARY SUPPLIES, RE: ANIMAL CARE
CENTER SUPPLIES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the purchase order with Webster Veterinary Supplies to exceed $35,000 until the bid process for veterinary, cleaning, and disinfecting supplies used at the Animal Care Centers is completed. Motion carried and ordered unanimously.

 

APPROVE NAME CHANGE, RE: NORTH BREVARD PUBLIC LIBRARY TO TITUSVILLE
PUBLIC LIBRARY

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the name change of North Brevard Public Library to Titusville Public Library. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH CITY OF MELBOURNE AIRPORT AUTHORITY, RE:
RELOCATION SPACE FOR SOUTH BREVARD SENIOR ASSOCIATION PROGRAMS
AND ACTIVITIES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Lease Agreement with City of Melbourne Airport Authority for relocation space for the South Brevard Senior Association programs and activities during demolition and construction of a new facility. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE, RE: AMENDMENT TO BREVARD COUNTY EMS
ORDINANCE

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to advertise a public hearing for May 18, 2004 to consider an amendment to Ordinance No. 95-54, Emergency Medical Services to maintain the legislative intent of the Special Acts of Florida 1971 and to add authorization for the Board of County Commissioners to approve officers for the EMS Advisory Council. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: REPLACEMENT, UPGRADE, AND
REFURBISHMENT OF SCAT FUELING STATION AT CENTRAL TRANSIT
TERMINAL IN COCOA

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to advertise for bids for replacement, upgrade, and refurbishment of the SCAT Fueling Station at the Central Transit Terminal in Cocoa; and to award the bid to the most responsive bidder. Motion carried and ordered unanimously.

AGREEMENT TO ASSIGNMENT OF CONTRACT WITH EQ FLORIDA, INC., RE:
ACKNOWLEDGING MERGER OF US LIQUIDS WITH EQ FLORIDA, INC.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement to Assignment of Contract from US Liquids, Inc. to EQ Florida, Inc. to acknowledge the merger of the two companies. Motion carried and ordered unanimously.

 

 

 

ADDENDUM NO. 1 TO TASK ORDER 12 WITH POST, BUCKLEY, SCHUH & JERNIGAN,
RE: ENGINEERING SERVICES ASSOCIATED WITH NORTH BREVARD WATER
SYSTEM

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Addendum No. 1 to Task Order No. 12 with Post, Buckley, Schuh & Jernigan, Inc. to provide engineering services for the North Brevard Water System design and permitting of the initial phase of Walkabout well field. Motion carried and ordered unanimously.

VACANT LAND CONTRACT WITH JEN-LEE DEVELOPMENTS, INC., RE: TEN-ACRE
PARCEL IN SPACEPORT COMMERCE PARK

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute a Vacant Land Contract with Jen-Lee Developments, Inc. for a ten-acre parcel in Spaceport Commerce Park for $250,000. Motion carried and ordered unanimously.

AUTHORIZE REPAIRS AND RESTORATION, AWARD CONTRACT, AND AUTHORIZE
EXECUTION OF CONTRACT AND BUDGET CHANGE REQUESTS, RE: SPACE
COAST STADIUM

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize repairs and restoration of Space Coast Stadium’s third and fourth floor air conditioning system and ceiling (return air plenum); award of a Contract under previously Board approved Job Order Contract; authorize the Chair to execute the Contract; and approve all necessary Budget Change Requests for the project. Motion carried and ordered unanimously.

APPROVE PAYMENT OF AWARD, RE: EMPLOYEE INNOVATIONS PROGRAM

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize payment of $25.00 to Katherine Harker for her recommendation to eliminate the need for two County badges under the Employee Innovations Program. Motion carried and ordered unanimously.

SETTLEMENT PROPOSAL FOR ATTORNEY’S FEES AND COSTS, RE: BREVARD
COUNTY VS. AMY, ET AL (SHORE PROTECTION PROJECT)

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept the attorney’s fees and cost proposal submitted by the property owner John C. McDonald in the case of Brevard County v. Amy et al (Shore Protection Project); and authorize the County Attorney’s office to execute a settlement agreement. Motion carried and ordered unanimously.

 

 

 

RESOLUTION, RE: CONGRATULATING DR. WILLIAM M. KNOTT ON HIS RETIREMENT

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution congratulating Dr. William M. Knott for his extraordinary career and scientific contributions to the Space Program, and extending best wishes upon his retirement. Motion carried and ordered unanimously.

APPOINTMENTS, RE: OUTDOOR MUSIC COMMITTEE

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to appoint Doris McMahon and Rick Librizzi to the Outdoor Music Committee. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Bills and Budget Changes. Motion carried and ordered unanimously.

ACKNOWLEDGE ANNEXATION BY CITY OF MELBOURNE AR-2004-150, RE: PROPERTY
WEST OF WICKHAM ROAD ALONG TURTLEMOUND ROAD BETWEEN PARKWAY
DRIVE AND LAKE WASHINGTON ROAD

Glenda Busick expressed concern with all the annexations; stated she has been attending Charter Review Commission (CRC) meetings; in the last seven months, 4,700 acres have been annexed or proposed to be annexed from the County by two cities, Titusville and Palm Bay; and when annexation occurs, those cities that take over the land get the property taxes and new construction dollars, but do not take over the roads and drainage and leave it to the County. She noted Alan Watts, the Attorney for the CRC, put it well that “if the cities get the cherries, then they ought to take the pits”; the cities do not take the roads and drainage because it is a big expense; Palm Bay is doing 3,600 acres of annexation; and 1,600 of those acres touch a tiny point of Palm Bay. She noted she was faxed the law about annexation and the property is not contiguous; Palm Bay and Titusville are doing annexations without telling the County; it found out about it in the newspaper; and it is too late as the County only has 30 days to respond. She stated the County does not get to respond on Palm Bay’s annexation, so it is a done deal.

Chair Higgs noted one of them is in question and the County can talk about it.

Ms. Busick stated Attorney Watts indicated if it was a done deal, the only way to stop it was to get the Attorney General to put a stop to it because it is not contiguous; the public needs to know it is called joint planning agreements; there are 15 cities in Brevard County; so it is 15 against one trying to take the County’s land. She noted the cities are running cruel penalties against the County; and inquired where is the County’s revenue going to come from. She stated it is abhorrent to her that the State allows this to happen and the Representatives and Senators allow laws that the cities can mess up the County like this; and requested the Representatives and Senators do something and change the laws. She noted it is not just the 15 cities in Brevard County as there are many cities in Florida and 67 counties; the counties are getting raped and pillaged; and it is terrible. She stated there are no joint planning agreements with the Cities of Titusville and Palm Bay; the City of Titusville has walked away from the table and said if the County does not bring the roads up to its standards, which are higher than the County’s standards, it is not taking over the roads; and inquired who wants to pay the money for higher standards to fix roads and then turn them over to the City of Titusville. Ms. Busick noted she does not want to do this and she is sure the taxpayers do not want to do it; the City of Palm Bay does not even come to the table; it is annexing land, raping and pillaging, and it is horrendous; the City of Melbourne used to let people get water without annexing their land; and now it has gotten smart and said it is going to make them be annexed or it is not giving them any water. She stated it is wrong; it is involuntary annexation, which means the people did not ask to be annexed; but the City of Melbourne did it; the County has a problem; and inquired how can she help it.

Chair Higgs requested the County Attorney clarify the condition of the Palm Bay annexation that was to the east.

County Attorney Scott Knox stated the Palm Bay annexation is a muddle; there is no contiguity at a point even because the annexation Ordinance that was adopted only adopted the area east of I-95; so there is no contiguity anywhere; and he is trying to figure out a way to get around the 30-day limitation because theoretically under the Statute, the County is required to file a suit within 30 days if it is going to challenge the law under Chapter 171. He noted if that is truly the law, any city could adopt an ordinance annexing Orange County and do it out of the Sunshine as an emergency item at a public meeting; and as long as Orange County did not find out about it for 30 days it would be theirs; so there is something wrong with that. He stated he is trying to figure a way to finagle that into a theory that would prevail.

Chair Higgs noted she thought there was some question about the advertisement of the parcels. Attorney Knox stated there are a lot of components to it, but basically the bottom line is the annexation is not even contiguous at a point, so the issue is what can the Board do about it. Chair Higgs noted that issue will come back to the Board; the item on the agenda is an annexation in Melbourne; and inquired have the Comprehensive Plan changes or any zoning changes gone forward.

Planning and Zoning Director Mel Scott responded the status of this proposal on the City’s docket is that in late May 2004 it will send out the ballots; the area encompassed by the proposed involuntary annexation will vote on whether or not to go into the City to receive water; and a 51% vote will bring this area into the City.

Commissioner Carlson stated the County has done business a certain way for quite a long time, allowing folks to receive water from Melbourne in the area in question; her office, along with staff, has worked diligently with the groups that needed the water because their water quality was so low in terms of the color of it, etc.; and the City of Melbourne has the County over the barrel unfortunately and there is not much the Board can do, but the citizens are still not very clear what it means to be annexed into the City and why should they have to. She noted there is a lot of information there and she can provide it to Ms. Busick.

Chair Higgs stated the item would go forward with the request that the City be required to take ownership and assume all maintenance responsibilities of the three roads that are involved. Mr. Scott responded that is correct; and staff will send the report to the City for its consideration.

Commissioner Pritchard inquired what are the chances of the City being required to take ownership and assume responsibility; with Mr. Scott responding not very high. Commissioner Pritchard inquired what can the Board do to include the roadways. Attorney Knox responded in a charter county, the method and procedure for annexation can be established by charter; so the CRC could consider an amendment that would allow the people to vote on whether or not roads should be taken in by the cities; and the Board could sponsor on a 4:1 vote such an amendment and see if the people pass it. Mr. Scott stated such a proposal is being considered by the CRC currently; and the drafting that the CRC is considering would require roads and drainage to become part of annexations. Commissioner Pritchard inquired does Mr. Scott have a sense of the acceptance of the proposal by the CRC; with Mr. Scott responding not yet, but it is going to be in front of the CRC this Friday when it meets, as well as several other issues. Commissioner Pritchard inquired would it be inappropriate for the Board to take a position on this. Commissioner Scarborough responded the Board should not take a position; but Ms. Busick is championing this issue; and perhaps she can give the Board some insight.

Ms. Busick stated it takes 10 votes out of 15 for the item to get put on the ballot; and if the issue does not go on the ballot, then she would ask the Board vote to get it put on the ballot to let the voters decide.

Commissioner Carlson inquired if the County cannot get the item through the CRC and it comes back to the Board, can it be done in a retroactive way; with Attorney Knox responding he would have to give it some thought, but probably not.

Commissioner Pritchard stated the vote that takes place on annexation is by the registered voters within the area to be annexed; and with a lot of property in these areas the ownership does not reside in the area and tenants reside. Mr. Scott stated in this instance it is property ownership and not whether or not someone is a registered voter. Commissioner Pritchard inquired why only in this instance; with Mr. Scott responding it is how Chapter 171 outlines how involuntary annexations shall take place. Commissioner Pritchard noted voluntary annexations are treated differently. Mr. Scott stated voluntary annexations have one property owner or a group of property owners wanting to go to the city; they petition the city for the city’s consideration of the request; and it is very much different than what is occurring in the City of Melbourne. Commissioner Pritchard inquired is Mr. Scott saying in either case, voluntary or involuntary, it is the property owner that gets to vote, not the registered voter. Mr. Scott responded there is not a vote that takes place on a voluntary; it is a petition that the property owner makes to the city; in involuntary, the city has to notify all property owners of a defined geographic area that will be the subject of the vote; and they all receive a ballot.

Commissioner Colon stated even though there are definitely some facts that have been presented by Ms. Busick on the issue, the County has been having this problem for years; it is trying to finally bring it to the forefront; one of the issues discussed this morning is separating the CRC from the Board; and inquired is the Board setting a precedent by saying anything the CRC does not approve that someone is welcome to come before the Board to see if it will support it. She noted the Board needs to be careful as it is undermining the vote of the CRC; she is taking aside this particular issue, which is something the Board feels passionate about and has concerns; and inquired what is it doing as a Board. She stated the County will have folks who have presented issues before the CRC come before the Board and want it to change whatever the CRC has approved; and the Board has to respect the outcome of the votes that have taken place if the CRC says it does not want something to go forward. She noted there has been a lot that has been brought forth; maybe the timing this year might not be good because the Board is taking action this year in regard to this issue; and it may be something it wants to do next year because then it is not undermining the CRC.

Commissioner Carlson stated Brevard County is a Charter County; it is one of the rules of being a charter county; if it is not a charter county, it does not have the authority; and whether or not this issue came in front of the CRC or not, if the Board felt obliged to bring it in front of the people, it takes four votes to do that. She stated if, for whatever reason, the CRC could not come to consensus to bring it to a ballot initiative, that is not the fault of the Board if it feels passionately that the CRC did its absolute best job; but because Brevard County is a Charter County, the Board gets the ability to bring things like that to amend the Charter at any given time. She noted the Board has done that in the past; hopefully, everything that the CRC is working on will come to a point where it will be voted by the members of the community in a positive way; this is a very difficult issue to deal with; and unfortunately, the numbers are not on the County’s side, but the City’s side. Commissioner Colon stated that is where her great concern comes; and it is not just this issue, but there are at least 20 issues. Commissioner Carlson noted she agrees with Commissioner Colon; and this could all be the parade of horribles coming in front of the Board because the CRC said “no way.” Commissioner Colon stated that is the whole process, whether the Board likes how the CRC voted or not; she still has to respect it; anything that was denied by the CRC and comes before her, she will not support going on the ballot for the simple fact that she would be starting that precedent; and she refuses to do that because she would be undermining the CRC. Commissioner Carlson inquired is there any change in the cost of providing the service even though it is involuntary at this point to receive the services. Mr. Scott responded he is not aware of the details that are involved. Commissioner Carlson stated it is the residents’ understanding that they are still paying $5,000 or whatever to bring in water to the community. Mr. Scott noted that is very likely.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to acknowledge receipt of Annexation AR-2004-150 by the City of Melbourne of approximately 116 acres west of Wickham Road along Turtlemound Road between Parkway Drive and Lake Washington Road, and request the City take ownership and assume all maintenance responsibilities of Melissa Court, Lake Breeze Boulevard, and Lakeland Drive. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN SEMINOLE
GROVE, SECTION C - ANDREA AND WILLIAM C. PENDER AND ROLAND S.
McCARTNEY

Chair Higgs called for the public hearing to consider a resolution vacating rights-of-way in Seminole Grove, Section C, as petitioned by Andrea and William C. Pender and Roland S. McCartney.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution vacating rights-of-way in Seminole Grove, Section C, as petitioned by Andrea and William C. Pender and Roland S. McCartney. Motion carried and ordered unanimously.

CONTRACTS FOR SALE AND PURCHASE WITH RICHARD W. LINDABURY AND DONNIE
M. LINDABURY, AND LAUREN ELAINE VASICEK, TRUSTEE, RE: PORT ST. JOHN
CONNECTOR ROAD

Transportation Engineering Director John Denninghoff stated there are a total of five private property owners that the County has to acquire property from for the Port St. John West Connector Road; this item represents two of them; staff has reached successful negotiations on the value and purchase of their property; and another contract will be coming before the Board on May 4, 2004. He noted there are two more that remain after that; staff has not made as much progress with those as it would like; but it is pleased with three out of the five.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Contracts for Sale and Purchase with Richard W. Lindabury and Donnie M. Lindabury for Parcels 101 and 802 at appraised value of $800, and Lauren Elaine Vasicek, Trustee, for Parcel 104 at appraised value of $9,100 for the Port St. John West Connector Road. Motion carried and ordered unanimously.

ACCEPT QUITCLAIM DEED FROM FLORIDA DEPARTMENT OF TRANSPORTATION, RE:
TRANSFER OF VALKARIA ROAD RIGHT-OF-WAY EAST AND WEST OF I-95

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept Quitclaim Deed from Florida Department of Transportation (FDOT) for the transfer of Valkaria Road right-of-way east and west of I-95. Motion carried and ordered unanimously.

 

ACCEPT UTILITY EASEMENT FROM COURTENAY PARKWAY CORPORATION, RE:
SANITARY SEWER LINE AT PARKWAY BUSINESS COMPLEX

Transportation Engineering Director John Denninghoff stated this is an easement that is necessary to operate utilities on North Merritt Island and is required by County policy and procedure, and Code; in order for those facilities to be under maintenance responsibility of the County it acquires the easements; in this particular case because it is an easement, the County does not have a phase 1 associated with it; and it typically asks to waive those requirements for the Board.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept an easement from Courtenay Parkway Corporation for the operation and maintenance of a sewer line system for expansion of Parkway Business Complex North on Merritt Island. Motion carried and ordered unanimously.

RESOLUTION, RE: QUALIFYING RMD AMERICAS, LLC AS AN ELIGIBLE BUSINESS
UNDER THE COUNTY’S TAX ABATEMENT PROGRAM

George Newton, representing RMD Americas, LLC stated he lives in Spain; his Company is the number one recycler of tires, wires, and plastics in Europe; he is looking for a place to initiate American operations; and his Company has entered into discussions in Brevard County with a number of potential places to do this business. He noted the Company would like to move to Brevard County if everything looks good; it is an environmentally clean Company and number one in Europe in European standards; his Company has something good; and it is going to be great for America, will solve problems with tires and wires, and will be good business for everyone.

Commissioner Carlson stated she had the pleasure of having lunch with Mr. Newton and Lynda Weatherman with the Economic Development Commission (EDC); Mr. Newton explained all about the Company, the assets, and potential assets he can bring to the community; and she wishes Mr. Newton well.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution qualifying RMD Americas, LLC as an eligible business under the County’s Tax Abatement Program. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-2-04-09, RE: BOND COUNSEL FOR BREVARD COUNTY

Assistant County Manager Stockton Whitten stated the County solicited for bond counsel services through a Request for Proposal (RFP); it received several proposals; the requirement of the Committee was to come back to the Board with a ranking of those firms; and the Committee ranked six firms and has the item for the Board to consider.

Glenda Busick stated she was here in the early 1990’s when Bob Nabors was Bond Counsel for the County; she has copies of the book so the Board can read up on what shenanigans Mr. Nabors helped pull in the County; it is abhorrent to her and a lot of good government buffs that Mr. Nabors is top on the list in his firm; and she would rather her dog to be Bond Counsel than Mr. Nabors and his firm. She noted the Florida Constitution requires vote on long-term debt; Mr. Nabors got the name “Father of Florida’s Lease Purchase” because he educated officials on how to circumvent the voters’ right to vote on long-term debt by saying lease purchase of buildings; the Government Center is the symbol of corruption and total disregard for voters’ right to vote on long-term debt; and Mr. Nabors and his firm brought this notion to Brevard County. She stated unbeknownst to the taxpayers, the Board voted on it; the taxpayers got the buildings without a vote; it was a $24 million lease purchase; and when she asked Thad Altman, who was a County Commissioner at the time, the question who decided that the Commissioners and people would go to the New York Helmsley Palace Hotel and sign off on bond closings, he said that Mr. Nabors told him that the County officials had to go to New York City to close the bonds and sign the paperwork. Ms. Busick noted that is not true; the School Board did it all the time in its offices; one School Board member was a dentist and the bond counsel brought the papers to his office to sign; and the bond closing in New York City was a big party. She stated Mr. Nabors was behind this; $32,000 of taxpayers dollars was used to go to the New York Helmsley Palace Hotel at $300 per night; Mr. Nabors and George Nickerson attended and billed the County $2,812 for air fare and Helmsley Palace Hotel bills for those visits; and requested the Board not hire Mr. Nabors’ firm as bond counsel.

Steve Miller, representing Nabors, Giblin & Nickerson Law Firm, stated he is a partner at Nabors, Giblin & Nickerson and has been with the law firm for 12 years and a partner for seven years; if selected as bond counsel to the County, he would be the primary contact with the County as its bond counsel and attorney; the account would be serviced out of Tampa where he is located, along with Tom Giblin, who is not only the head of the bond practice, but has been the president of the law firm for the last four years; and between the two of them they would service the account. He commended County staff on the process it went through for the RFP; stated in the business over the last several years, the process of selecting bond counsel has become less formal than it was years ago; sometimes counties now just hire by word of mouth and may send out a few letters to the firms they have heard of and hire them that way; and through the Board’s direction, its staff went through probably the most competitive and thorough process his firm has been through in a number of years. Mr. Miller stated in November 2003, the Board directed staff to do the bond counsel process and selection process; it sent out an RFP; 12 law firms throughout Florida and the nation responded to the RFP; and staff read through a bunch of proposals from 12 law firms and had at least two meetings debating the proposals. He noted staff also went through a ranking where his firm was ranked number one; staff took the top six firms and decided to interview them; after the interview process his firm was the unanimous number one firm from the three members on the Committee; and his firm is the best bond counsel firm in the State. He stated he has familiarity with the County for the last 10 years; his firm has represented the Florida Association of Counties (FAC) Commercial Paper Loan Program, from which the County borrows from time to time on a short time basis; the County, along with Osceola, Collier, Sarasota, and Lee Counties created this Pool Program over ten years ago; and it has been a great benefit for all cities, counties, and school districts throughout the State. Mr. Miller stated his family moved to Brevard County in 1965 when he was two years old; it is where he grew up and he considers it his hometown; his parents and sisters, and their families are here; and most of his extended family and friends are here. He noted he can assure the Board that if selected, the County will get his best service as bond counsel.

Commissioner Pritchard stated he would like to hear from Steve Burdett, who was a member of the Selection Committee; he knows emotions run high when it comes to Mr. Nabors and Associates; and he would like to hear what Mr. Burdett thinks of the process and why this firm was ranked number one.

Finance Director Steve Burdett stated he was appointed as one of the representatives on the Selection Committee; the firm of Nabors, Giblin & Nickerson was very assertive in its presentation and communicated with the Committee well; it is experienced in government, which is primarily the function of its firm; and the Committee objectively looked at the firm’s experience and qualifications, and did not factor in the past work with Brevard County. He noted based on what the firm showed the Committee it felt the firm was number one.

Commissioner Pritchard inquired why was the firm Bryant Miller & Olive ranked second. Mr. Burdett responded there were quite a few well qualified firms; he does not know that he can say why the firm was ranked second; and both of those two firms are very qualified; but he did not think the second ranked firm was as qualified as the Nabors, Giblin & Nickerson firm. Commissioner Pritchard stated usually when the County goes through this process and ranks the participants, the top three firms are fairly close; if the Committee were to have spread this out over 100 points, it could end up with 95, 92, and 90 for one, two, and three; sometimes there is a gap between those following; and inquired did the Committee find that to be the case here, that the top three firms are good firms, they can handle the bond issues, and the qualifications are there. Mr. Burdett responded the qualifications of all the firms are very good; the Committee also looked at the prices of the firms; and as far as the legal qualifications of each of the firms, they all have that. Commissioner Pritchard inquired what were the prices on the first $10 million for the services; with Mr. Whitten responding $17,500 for Nabors, Giblin & Nickerson, $17,500 for Holland & Knight, and $24,000 for Bryant Miller & Olive. Commissioner Pritchard inquired why would there be an increase from $17,500 to $24,000 for performing the same service; with Mr. Whitten responding different pricing philosophies from the firm, different profit margins, and cost of operation. Mr. Whitten stated it is something that Bryant Miller & Olive would have to answer. Commissioner Pritchard inquired did it figure into the Committee’s ranking of the firms. Mr. Burdett responded he put three different potential bond sizes together and looked at them collectively; and there was the $10 million and two others. Mr. Whitten stated there was up to $10 million, $10 million to $40 million, and over $40 million. Mr. Burdett noted it is the normal scale that most of the law firms use when they come up with the prices for the different size of bond issues. Commissioner Pritchard inquired where are the attorneys that would be representing Bryant Miller & Olive or Holland & Knight located. Mr. Burdett responded Holland & Knight is located in Lakeland and also has an office in Orlando; and the Bryant Miller & Olive firm is located in Orlando.

Commissioner Carlson inquired was Mr. Burdett aware of the gutting of the Orlando office on the Nabors, Giblin & Nickerson firm before the Committee was assessing this; stated it sounds like there is an unknown in the Orlando office in terms of the attorneys because the firm had to close the office due to lack of attorneys; and inquired how would staff assess the firm’s qualifications if there is not a known quantity there. Mr. Burdett responded staff has had experience working with the attorneys out of Jacksonville, Tampa, and Orlando; it could work with a firm no matter where it is located; the only concern he would have is that the firm has sufficient attorneys that are available to handle the accounts; and when he looked at the Nabors, Giblin & Nickerson firm, it has a dozen or more attorneys and they are located in different offices in the State, whether it is Tallahassee, Tampa, or wherever. He noted most of the County’s dealings when it does bond issues are done over the computer anyway on Internet; it sends documents back and forth as to what they should say; and location is not a big issue to staff. Commissioner Carlson inquired did staff take into consideration when it was looking at Holland & Knight that it had been the County’s previous bond counsel; with Mr. Burdett responding yes. Commissioner Carlson stated the Committee weighed that and still ranked Holland & Knight third in terms of its cost and its previous experience with the County. Mr. Burdett noted that is correct; and a lot of the firms are very qualified. Commissioner Carlson stated the Board is looking at how was it that one edged out the other and what was the tipping point for any of them. Mr. Whitten noted he does not know that there are any tipping points; in looking at the qualifications and experience, the top three firms probably have 75% of the counties and cities as either bond counsel or disclosure counsel clients; staff falls back on what it knows and looks at pricing and the ability to communicate with staff; and in looking at the top three firms they have the same qualifications and depth of experience.

Commissioner Colon stated the Nabors, Giblin & Nickerson office in Orlando should be of great concern as the newspaper article indicates the departure has left the firm without attorneys at the 10-year old Orlando Office; a receptionist is taking calls for now; the County is talking about the top three firms being very qualified; and it knows how the previous folks have served the County. She stated the County should either go with Bryant Miller & Olive or Holland & Knight.

County Attorney Scott Knox stated Nabors, Giblin & Nickerson has exclusively local government clients; that is all it does; it does local government law of all kinds, not just bond issues; it has a strong background in whatever area of law that it needs to know in order to support the bond issues; and the County has a lot of questions that emanate from bond issues. He noted it is not simply a matter of just doing bond issues; when one gets into actually administering them, questions come up from time to time about how and what things mean, and how to apply them under the law that applies to local governments; that is one of the things that was considered; and Holland & Knight has been very good at doing that over the years too, but it is not as strong in that area as Nabors, Giblin & Nickerson. He stated Bryant Miller & Olive has added that capacity to its firm; it used to be exclusively bond counsel; and it has added local government participation in the last four or five years.

Commissioner Scarborough stated he was probably the only Commissioner around when some of these things took place; Commissioner Higgs came on shortly thereafter; while there were not any comments by the Board, it also terminated its prior County Attorney and then hired Scott Knox; and the comment was made that when there are special relationships, it goes beyond just a question of competence to a question of confidence and comfort with. He noted the community still lacks that confidence in; the County may be well advised to go beyond the Nabors, Giblin & Nickerson firm, particularly if it can get just as competent a firm; and inquired where would it be wise for the County to go if it opted to go in that direction. Attorney Knox responded the County has the top three firms ranked; it could make a choice of any one of those three firms, any two, or any three of the firms; it can go with all three firms if it had to; and he is not sure how much bond issue business the County will be doing in the next five or six years. He noted any of those options are available to the Board.

Commissioner Pritchard stated looking at the first $10 million of services, there is a $7,000 difference between Bryant Miller & Olive and Nabors, Giblin & Nickerson and Holland & Knight; and inquired does Attorney Knox know what the next step was. Attorney Knox responded the County is going to find a lot of bond issues fall into the over $10 million and between $10 million and $40 million; and there is a difference in price between the three levels. Mr. Whitten stated in the second level, Bryant Miller & Olive is 85 cents per thousand, and Holland & Knight is $1.40 per thousand for revenue bonds and general obligation bonds are $1.20, and Nabors, Giblin & Nickerson is 90 cents per thousand. Commissioner Pritchard stated Holland & Knight has three tiers, Bryant Miller & Olive was a flat 85 cents per thousand, and Nabors, Giblin & Nickerson was 90 cents per thousand; and inquired does staff have an idea of what bond commitment the County will be making. Mr. Whitten responded probably not many; and it is over $10 million and less than $40 million that the County generally averages when it does a bond deal. Mr. Burdett stated most of the bonds that Brevard County issues fall within the second tier.

Commissioner Carlson stated since she has been on the Board and since the Nabors, Giblin & Nickerson era, the County has had Holland & Knight and good results from such firm; she was on the Finance Committee early on in her career here; and since the County is familiar with the firm and it is familiar with the County, and based on the conversation concerning the top three firms basically having the same financial intellect, she would go ahead and move Holland & Knight.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to award Proposal #P-2-04-09, Bond Counsel for Brevard County, to Holland & Knight LLP.

Commissioner Pritchard inquired the cost at 85 cents versus $1.30, the extra 50 cents per thousand would equate to how much more money that the taxpayers would be paying on a $30 million bond; with Attorney Knox responding $15,000.

County Manager Tom Jenkins stated this is actually to go to negotiation anyway, so the County has the opportunity to negotiate rates as part of the process if it is inclined.

Chair Higgs stated her experience with Holland & Knight has been good over the years and she will support the motion. She called for a vote on the motion. Motion carried and ordered unanimously.

MEMORANDUM OF AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION AND NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION,
RE: SEA TURTLE LIGHTING ENFORCEMENT

Commissioner Pritchard stated when he spoke to Virginia Barker last week he mentioned he had some concerns based on an article he had received from County Lobbyist Guy Spearman taken from the Gainesville Sun saying, “President Bush takes aims at beaches. Monday the White House announced the policy change that would end such hopes. If Congress goes along, instead of paying its typical 65% of the cost for recurring beach projects, the federal government would pay nothing.” He noted the County is doing something predicated on obtaining a permit from Department of Environmental Protection (DEP) that requires it to monitor and enforce lighting standards for turtle preservation; but if it is not going to get the money from the federal government to do this, it certainly cannot afford to do it; so it became sort of a why are we bothering to go through the process, obtaining grants, hiring people, and enforcing the Lighting Ordinance, which sometimes can be a safety and welfare issue with residents who live along the beach, if the money is not going to be there to renourish the beaches. He requested Ms. Barker give the Board an overview as to why the County is going through the process.

Natural Resources Management Interim Director Virginia Barker stated this is a grant to enforce Brevard County’s own Ordinance, so quite apart from what its plans for the future might be with beach renourishment, it has an Ordinance to enforce turtle lighting provisions to protect nesting and hatching turtles on the beaches; this money comes with no local match requirement to help insure compliance with the existing Code; and concerning the County’s future for beach nourishment dollars, although the Bush Administration has consistently zeroed out the budget for federal funding of beaches, Congress has equally consistently always funded beaches. She noted in the four years staff has gone for funding for the North and South Reach, it has brought home $24 million from Congress, despite the fact that in all those years the President recommended $100,000; so whatever the President wants is not necessarily what happens. She stated the new policy that the President’s Office of Management and Budget has proposed would apply to all projects that are not subject to a lawsuit; and there was a lawsuit along the County’s shoreline that included about 300 property owners. She stated the County has asked for written clarification of how the new federal policy will affect it; but verbally, staff has been told the County would be exempt from the policy and would likely receive funding by the year 2009; if that did not also succeed for the County, in order to protect its beaches that are so important to tourism and the economy, it would be looking at trying to pursue restoration through a joint agreement with the State and leave out federal government; and there are a lot of communities in Florida and throughout the country that do that. Ms. Barker stated the State of Florida in that case would likely cost-share the County’s project 50-50, but it would still require enforcement of turtle lighting provisions as a subject of the permit that would be required in order for the County to do the beach restoration.

Commissioner Pritchard stated in 2003, the FDEP added a specific permit condition to beach renourishment to insure that no lights or light sources are visible from newly-elevated beaches; standard survey techniques will be employed for surveying the beach to see whether lighting is visible or going to create a problem of disorientation for hatchlings; and inquired how does the County apply the no lights or light sources.

Ms. Barker responded following the meeting Commissioner Pritchard called on this issue last year, staff organized a workshop for all the Code Enforcement officers of Brevard County and the municipalities along the beachside; the State of Florida sent some representatives to discuss what they believed the standard survey technique would be and how they would interpret that; and their answer was if someone is standing on the beach and sees a light, that is not in compliance. Commissioner Pritchard inquired what if the light is on top of an eight-story building identifying the elevator shaft for aviation. Ms. Barker responded certainly there are safety issues; and the way to address those are with lights that are shielded such that the light goes down in the corridor, on the stairway, or wherever the light needs to be, but does not shine out on the beach. Commissioner Pritchard stated he is talking about a light on top of an elevator shaft showing the height of the building so an airplane does not run into the building; and inquired how would one shield the light so it would not be visible. Ms. Barker responded she does not believe that specific question was asked. Commissioner Pritchard stated that was one of the items he pointed out; the answer he got was that the light had to be turned off; in looking through the building, one of the fellows who was with them on the beach was a neighbor; and in peering through the archway, there was a 40-watt yellow bulb about a block and a half away. He noted the gentleman said he was told he would have to turn the light off; there are a lot of things if one takes this literally, the standard is ridiculous; a turtle is not going to see a yellow bulb that is a block and a half down the beach; and when he got down on his hands and knees and looked, he could not see the yellow bulb. He stated the information indicates the Administrative Code and County Ordinance were designed to detect lighting violations by an observer standing on the beach; also the Legislature has recognized it would be impractical to have Code Enforcement and officers crawling around on the beach to detect light sources from the turtles’ perspective; that should be the whole purpose behind whether the light source is going to be disorienting to the turtle; and his point is the County is enforcing something that has gotten to the point where it is just plain silly. Commissioner Pritchard noted to say that all of these lights need to be turned out, assuming the turtle can even see and become disoriented by it, it now becomes a safety issue; people who live along the beach have to draw their curtains or provide some type of screening; all of the money that seems to be available is available to enforce a regulation that he personally thinks is wrong in its writing; and inquired why is money not available that could be used for people to retrofit some of the lighting systems they may have. He stated some people have spent thousands of dollars only to find out it is not acceptable; and inquired what purpose is this serving by having the County enforce such an Ordinance. He noted it becomes a health, safety, and welfare issue of people; according to what Dr. Witherington and others told him, the full moon casts much more light and there is much more disorientation than any of the lighting that takes place on Brevard’s beaches; and inquired what can the County do to make something a little more reasonable. He stated he is not objecting to turtle preservation or whether or not they are disoriented; what he is objecting to is a ridiculous standard that is pretty much shutting down all lighting on the beach or causing people to fall into excess expenditure.

Chair Higgs stated that is the Board’s Ordinance and if Commissioner Pritchard wants the Board to look at the Ordinance, it would need to consider that. Commissioner Pritchard stated he would like to bring the Ordinance back as an agendaed item in 30 days; he would like to get some input from staff; and having something on the book that was done because it was the easiest way to do it is not necessarily the best way. Chair Higgs stated she does not think anybody thought it was easiest at the time, but thought it was adequate and good; there may be a better way; so she is not opposed to looking at it. Commissioner Pritchard noted when he says easiest he means when someone is standing on the beach and he or she is 5’9” and sees a light, that means it has to go out; that is the easy way out; and the hard way out is when the County goes to what he is going to suggest. He stated when the fire department talks about safety issues and lighting, they measure specifics, lumens, lux, one-foot candles, and whatever.

Commissioner Scarborough stated the Board has a workshop Thursday; and inquired would it be beneficial for Commissioner Pritchard to have a continued dialogue with staff or does he think he can solve it today. Commissioner Pritchard responded he is not going to solve anything today; but he is bringing up his point; under Scope of Work, it says the project will also purchase a digital infrared camera, a color printer, etc. designed for low-light photography using infrared technology for night resolution equal to or exceeding human eyesight; and images printed from the digital camera will be used by enforcement personnel to show the property owner or the tenant how their light violates the Code. He inquired how is that going to do something when someone is standing at 5’6” and he or she is seeing a light somewhere, and how is it going to bring technology into what is now a very subjective enforcement technique.

Commissioner Carlson stated Commissioner Pritchard is not looking for Ms. Barker to answer that right now and it is going to come back in the agenda item. Commissioner Pritchard stated the County is trying to bring some technology into it and some effective measurement; that is where it needs to go; if it is going to have effective measurement, it is a beautiful thing; and if it is going to have somebody standing saying the light on top of an eight-story building that is there for aviation purposes is too bright, he has a problem with it. He inquired where is the science behind this; and would the two part-time people staff is talking about be new hires. Ms. Barker responded yes. Commissioner Pritchard inquired would the overtime the County is currently paying the Code Enforcement people be eliminated. Ms. Barker responded NOAA, which is offering the County the grant was very specific that this work should be above and beyond what was being done previously; and the money should not be used to offset work the County would have been doing anyway. Commissioner Pritchard stated the work the County has been doing had two Code Enforcement people working overtime on the beach; and if it is replacing them with two part-time people, it does not need to have the overtime people. Ms. Barker noted she can only tell Commissioner Pritchard what NOAA explained to staff.

Assistant County Manager Stephen Peffer stated the individuals that would be hired under this grant would not be Code officers and would not be doing Code enforcement; they would simply be trying to identify problems and passing that along to appropriate jurisdiction; and he would imagine if there was to be enforcement action, the Code officers would then become involved at a later time once the problem areas had been identified.

Commissioner Pritchard noted the County has been using Code officers to identify problem areas; what he does not want the County to do is bring on two part-time folks and still incur the overtime costs; he can see for the enforcement part of it, but not the observation and determination part of it; and apparently these people are going to make that determination. He stated the County does not need to have a buddy system now or a Code officer riding with a part-timer doing the work of one person; and if the part-timer is going to be out there doing the examination, inspection, and making a determination that there is a violation, then that is when Code Enforcement gets involved based on the report.

Ms. Barker stated she would expect the two employees to coordinate very closely with the existing Code Enforcement officers; she would expect them to provide their survey information to the Code Enforcement Office; from speaking with Bobby Bowen and Ron Burch, the Code Enforcement officers usually first try to educate the property owners to see if they will bring their light into compliance voluntary; and if the problem persists, then they have to get into an enforcement mode. She noted she would expect if voluntary compliance does not occur and Code Enforcement feels they need to get into an enforcement mode, then they would still need to go out in the evening, document the problem, and follow their own enforcement procedures. Commissioner Pritchard stated realistically it should reduce the amount of overtime in Code Enforcement because a lot of the legwork will have already been done. Ms. Barker noted this could offset legwork, but the County needs to be careful that it does not violate what NOAA is asking it to do with this money. Commissioner Pritchard stated he would expect to see a reduction in overtime because there are people out there doing some of the legwork that Code Enforcement had previously been doing.

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to direct staff to bring back in one month a staff report analyzing the Turtle Lighting Ordinance including measurements so the Board can discuss having an effective and responsible Ordinance based on measurements and not observation.

Commissioner Pritchard stated he would like the staff report tied in with the scope of work about images, if a light violates the Code, and digital camera; he would like to also know the measurements, whether they are lux, lumens, or foot candles; he is not opposed to turtle preservation; but he is opposed to any sort of subjective science that is simply what he considers to be the easiest way out, which is not the way the County should be doing this.

Commissioner Carlson stated she received something in her office that was an initiative for the coastal communities throughout the United States regarding saving the beaches in terms of getting the renourishment dollars; and inquired is Ms. Barker in receipt of it. Ms. Barker responded affirmatively. Commissioner Carlson requested Ms. Barker work with her office to bring the issue back for consideration by the Board and give her an update on the seven-mile stretch in District 4, which is the area that has been in question. Commissioner Pritchard stated the County has testimony of Howard Marlow, President of the American Coastal Coalition, who says that studies have shown that every dollar spent to repair and maintain a beach produces at a very minimum $3.00 to $5.00 in taxpayer benefits; so there is certainly value to renourishing the beaches.

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

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve a Memorandum of Agreement with Florida Department of Environmental Protection and the National Oceanic and Atmospheric Administration for sea turtle lighting enforcement; and authorize the Chair to execute the Agreement. Motion carried and ordered unanimously.

PRESENTATION BY SCHOOL BOARD CHAIRMAN RICH WILSON, RE: SCHOOL IMPACT
FEES

School Board Chairman Rich Wilson stated the general purpose of him being here today is to relay that the School Board has unanimously supported the idea of implementation of impact fees for schools; and he understands there may be some questions in regard to other issues that are preempting the County Commission’s decision on impact fees.

Commissioner Colon stated the problem is a huge one; it is not just a School Board problem, but also the County’s and every municipality in Brevard County’s problem; even though she supports impact fees, she does not believe they are the only answer to this problem since it is huge; and seasonal schools are working in other states. She noted Dr. Richard DiPatri saw some projects that the YMCA had in cooperation with the county, cities, and developer in Lake Nona; she wants to get a sense of some of the things the School Board is working on; and reiterated she does not believe the impact fees alone will solve the problem.

Mr. Wilson stated Commissioner Colon is absolutely correct; it is far from solving the problem, but it certainly would help a great deal; the School Board has done a great deal in the past to look at those areas; and about two years ago it investigated the possibility of going into a partnership with the YMCA and building a joint venture school. He noted the School Board also visited a school that was doing that over in the central part of the State; in this particular situation it would not have worked out and would have been more problematic than solving anything; it would have wound up being a little bit more expensive than what the School Board intended to put into it; and it has already investigated and the door is always open to that type of investigation. He stated anything that can help the School Board reduce its costs and still provide quality education for its students is something it is constantly pursuing as a Board, regardless of what it is; there are no limitations to what the School Board will look at to that end; and Brevard County is probably one of the most receptive districts in the State of Florida for charter schools. He noted there is maybe only one district that has more charters than Brevard County in the State of Florida; the School Board’s responsibility is to make sure the charters are providing the quality education for students; the School Board is very selective in how it chooses those charters when they bring applications to it; and they have to have all of their I’s dotted and T’s crossed. Mr. Wilson stated the School Board has to make sure that not only can they provide the quality education for the students that they say they are going to, but they can do it in a fiscally responsible manner; when that occurs, the School Board grants their charter, with the understanding that if they violate that charter, then it has the authority to revoke that in the future; so the School Board is still responsible.

Commissioner Colon stated her daughter is definitely a product of attending two charter schools; she believes in such schools, and likes the small concept and more of an individual basis; her daughter proved yesterday that she is a product of an elementary charter school and did quite well at Southwest; and some communities looked at year-round schools. She noted there is a big difference between year-round schools and seasonal schools; Massachusetts and California started some, and Orange County was almost starting that; the County Commission is not the School Board, therefore, it does not have any idea what the School Board is working on; and inquired how serious has the School Board looked at the issue.

Mr. Wilson stated the School Board did a preliminary study on year-round schools and voted unanimously not to pursue it for numerous reasons; it became problematic; year-round schools in the State of Florida have been diminishing throughout the country for various reasons; and the School Board is responsible for providing opportunities for students. He noted in the case of year-round schools, unless the entire State was on the calendar for year-round schools, it would become too problematic; the School Board would be taking opportunities away from students; the dual enrollment program is very popular in Brevard County; and it cannot expect the colleges to suspend their dual enrollment program. He stated there are problems with the State competitions for science fairs if the year-round calendar overlaps the competition for those students; inquired how is the School Board going to explain to parents that some students are going to get maybe 100 hours of academic study programs to prepare for the FCAT and others may get only 80 hours during the same calendar period, unless it can provide an opportunity for the State to come in to protect the confidentiality exam to create another exam for FCAT and then make sure they are corrected; and noted it is another expense the State would have to incur. Mr. Wilson inquired would it be opening Pandora’s box for other counties to do the same thing and will the State then absorb the cost; noted his thought is probably not; there are too many problematic areas that have to be addressed before one can seriously pursue a year- round school calendar on a multi-track system; and a number of years ago, the State incorporated a grant program to provide funding for the year-round school program. He stated it has suspended that and withdrawn it, primarily because there was no evidence it was actually saving money; it is true with a multi-track system there is a need for less teachers, but they are now on a 12-month calendar instead of 10 months; and it creates a maintenance problem, including school buses running for 12 months. He noted the facilities would be used five days a week for the entire calendar year, so maintenance costs increase; some of the costs that would be saved will be offset by some of the increased expenditures provided for the schools and extended pay periods for personnel; there are a lot of areas in year-round school that certainly should be reviewed, but are too problematic at this point; and the School Board decided rather than expend further funds at this point to pursue it that it was not feasible at this time.

Commissioner Colon inquired is Dr. DiPatri going to show the Board some of the things the School Board has been working on since impact fees will not solve the problem of overcrowded schools.

Mr. Wilson responded nobody likes the idea of utilization of COP’s; the State puts a limit on the amount of debt service payments one can have based on their budget; based on the School Board’s budget, the State allows it to have 1.5 mills to repay debt service; and prior to the issuance of the last COP the County did for the purpose of building a high school desperately needed in Viera, the School Board’s debt structure was .66 mill, which was less than half of what the State would allow it to do. He stated the School Board decided to pass its own measure stating it would not be allowed to go above one mill, which is 50 basis points below what the State allows; its fiscal responsibility has certainly been there; after the issuance of the most recent COP the School Board did, it provided the funding through another COP based on the fact it needed the school because all of the high schools are overcrowded; and a lot of people do not understand that it only takes the School Board to .74 mill, and within three years, it will be back down to .66 mill because the earlier ones will be dissolved. He noted the School Board has been doing everything it can, remaining fiscally responsible to the taxpayers and still providing quality education for students; with the Class Size Reduction Act, it accelerates the process; some people have said that because the School Board is ahead of the game that should not be an issue, but it is an issue as the State regulates that the School Board still needs to reduce each and every year until it gets to the ultimate goal by 2010; and if it does not, the District is financially penalized. Mr. Wilson stated the School Board has to stay on top of the class size reduction, even though it is probably one of the best districts in the State to be ahead of that game to begin with.

Commissioner Pritchard stated he and Mr. Wilson had a conversation a couple of weeks ago; Mr. Wilson opened his eyes on a lot of things; and he appreciates it. He noted when the County and School Board talk about the impact on the school system, they are talking about the children that attend, where they are coming from, whether they are coming from within or without; and the problem he has with an impact fee on new construction only is the assumption that the impact of the new construction has an impact on the school and a child. He stated if someone were to come into town with six children and buy an existing home and the people in that home had no children, the new buyers would pay no fee but would impact with six children; if someone in town with five or six children bought a new house, they would pay an impact fee; all they have done is move their children across town; it gets compounded because now there are three levels; and a decision has been reached through a consultant that more children exist in single-family than in manufactured homes or condos. He noted the community has been split; it has been identified that there are less children in condos or manufactured homes than there are in single-family, but no one is willing to take the next step and look at an impact fee on the sale of existing homes or an exclusion for people who move into a house and do not have children; if everyone is going to pay a tax that will pay for the maintenance of the school, most people accept that responsibility; there are a lot of people who do not mind anything as long as they do not have to pay for it; and the point is everyone pays about half of their property tax to support the operation of the schools. Commissioner Pritchard stated it has to be done; and it becomes who should pay the impact.

Mr. Wilson noted if all the County had was people moving from one area to another, then it would not need the impact fees because it would not have the enormous growth that there is now; there are approximately 800 students a year moving into Brevard County, so they are coming from someplace; when there is that kind of growth the County has to somehow try to keep up with it; and if it creates an impact fee to help with that problem, then so be it. He stated that is why the School Board decided to support the impact fees because of the growth in the community; the County has that kind of growth because it has an excellent educational system; people who move to areas look for education first and then they will move to the area; and their number one priority is the best education. He noted the County provides quality education; in order to provide the funding for it, it has the same problem that Tallahassee does; there is only so much money; and all they do is move it from one bucket to another bucket. He stated if the County is going to try to stay ahead of the growth in the community, there has to be some kind of additional revenue source to keep up with it because right now it is down to the bare bones minimum; one idea of the Superintendent of Schools when he came here, which worked out terrific, was that when a position was lost, based on attrition, he did not fill it right away; if it worked without filling the position, he would not fill it; and right now there are probably in excess of 40 positions that have not been filled. Mr. Wilson noted the administrative costs are probably one of the lowest in the State; less than three cents out of every dollar goes to support the Viera complex and everybody in it; the rest of it goes into the schools; so the School Board has done everything it can by stretching the dollar as best it can without damaging the quality of education. He stated right now the School Board is at a spot where it does not know where else to go.

Commissioner Pritchard noted 70% of all growth comes from within and 60% of new homebuyers do not have children; they are retirees and not planning to have any children; and he asked Mel Scott if he could find some numbers on it.

Planning and Zoning Director Mel Scott stated he received a report from Tammy Tharpe that she has been crunching the numbers because that is not a statistic that is readily given to a jurisdiction wanting that information from census; Ms. Tharpe has been going through her methodology from the ground up and coming to some conclusions, which she is going to be providing to him today; so hopefully the information will be available for Thursday.

Commissioner Pritchard stated it is always an issue of fairness with him and who is going to pay for what; the concern he has is who is going to pay the freight on this, whether it should be on all home sales, whether it should be if one has a child in school, or if one does not have a child in school; these are issues that will be discussed on Thursday; and he assumes a representative from the school system will be attending also. Mr. Wilson stated he will attempt to attend if he can; but if not, he will ask someone from the School District to attend to be able to answer any questions the Board may have. Commissioner Pritchard noted hopefully Mr. Wilson will be present because he gives fair and accurate answers; the cost of doing things has become ridiculous because of the mitigation cost of the property; the School Board moved out of a $3 million purchase in a neighborhood that would have been better located for the school; and the $3 million land with the $6 million mitigation became a $9 million project and ended the School Board’s ability to pay. He inquired why schools and other government projects should not be exempt from mitigation to reduce the cost and why should 200% of the cost of the property go to another government entity to do something in another county. Mr. Wilson responded he will join Commissioner Pritchard’s quest to fight for that measure in Tallahassee as he agrees with him 100%; unfortunately, in this particular case it was not just the funding, but also the time it would have taken to mitigate, which would have put everything back too far; the funding was the biggest issue and the second issue was the time factor to create the project to begin with; and it would have been useless for the School Board to wait two or three years to be able to put up a school. He noted he wishes there could be some allowances for governmental educational services to be able to sidestep that mitigation process.

Commissioner Scarborough stated it is easy for him to say Brevard County has one of the best systems in the State, but maybe it is wrong that he judges the School Board members as they are elected officials; it is for the public to judge how the School Board spends its money; it is the County Commission’s decision whether it wants to be like similar counties and add to the funding because of an impact; and the word “impact” implies impact by new development. He noted Commissioner Pritchard is absolutely right there is a problem here, but it was explained to him sometime back when a person builds a new home the old house does not sit vacant; somebody comes in with children from someplace else; so the methodology does work; and those are questions for the Commission and how it deals with issues. He stated he respects the School Board as an independently elected body and he assumes it will do its duty to the people of Brevard County; and without trying to place himself in a judgment, it does a very fine job.

Mr. Wilson noted the School Board fully recognizes what its responsibilities are and what the Commission’s responsibilities are; the School Board will not tell the County Commission how it should implement impact fees as it has the confidence that it will do the job to make it fair and adjustable, should it decide to go that route; and the School Board is only looking for any help it can get financially to help the school districts.

Dr. Richard DiPatri stated he has never heard the description seasonal schools; he presumes Commissioner Colon is talking about year round schools that are single track; there is no difference between a facility savings and they are just on a different calendar; and it is called a 4515 Plan. He noted there are two of those schools in the district; Gardendale and Challenger 7 are on year-round calendar; Riverview, which has been on the year-round calendar or seasonal, has now gone back to a regular calendar; but there is not much in the way of savings.

Commissioner Colon stated there are almost 1,000 children coming from somewhere; for everyone to kid themselves and say they are just moving from here to there would be nice; but the truth of the matter is there are almost 1,000 children coming in; and the County is not asking the ones who are here already to pay, but the ones who are coming. She noted the State of Massachusetts has seasonal schools; she needs to know the pros and cons in regard to a year- round school; the seasonal schools are working in Massachusetts; and she understands Massachusetts cannot be compared with Florida. She inquired is the School Board able to look in the future of maybe those partnerships that she and Dr. DiPatri saw in Lake Nona; with Dr. DiPatri responding absolutely. Dr. DiPatri stated the School Board is open to any partnerships where there is a charter school, municipally run, and the YMCA possibility, particularly in Palm Bay; it did not work out in Central; but the School Board is interested; and when the School Board lost the referendum, it held three work sessions until it made its decision to renovate three schools, seek revenue anticipation note to do that, and the COP’s for the building of the new high school here. He noted the School Board is looking for all kinds of creative ideas; it found a federal program where it was able to borrow $4.8 million at a cost of $2.8 million; so it gave the School Board the money upfront to repair 15 schools; and the banks pay it off over a 20-year period and get a deduction on their taxes, so the School Board ends up with $4.8 million and only costing it $2.8 million over a five-year period. He stated the School Board is looking for all kinds of creative ways; there are 81 schools in the district and 42 of them are over 35 years old; 12 of the schools are over 30 years old; and some schools are 50 years old. He noted the School Board is looking at where it is going to be 10 years from now; 42 schools will be over 45 years old; the schools are in outstanding condition considering the age of them; but 54 schools out of 81 are over 30 years old. Dr. DiPatri stated the electricity upgrade bill alone for those older schools is $15.5 million; the County and federal government establish rules around fire safety; some classrooms have three outlets in them; and today with technology, the TV’s, and all the things used to improve instruction, teachers have to use an extension cord, but they are not allowed according to the Fire Code. He noted the School Board had to upgrade its electrical systems at a cost of $15.5 million; the impact fee will help deal with the growth issue, while the School Board tries to use an ever increasing two mills; the two mills stays the same, but as property values increase, the School Board is getting more from the two mills; and it has been doing a good job with it. He stated a school was built down the street, which is going to open in August 2004; Manatee School was also built; another school will be built in Palm Bay next year; and the School Board is trying to stay ahead of it. He noted the class size reduction was approved by the citizens; the School Board was given enough money for roughly 160 classrooms; he hired 160 new teachers; and the State only provided enough money for 85 classrooms. He stated this year it is about one-fourth of that; the State is only going to give the School Board enough money for 20 classrooms, so it is not going to get any help out of Tallahassee; and provided the year-round school report to Mr. Jenkins. Dr. DiPatri stated the School Board reviewed such report and indicated there were too many problems; Districts have tried it in Florida and gone back to the regular calendar; it is a pretty good analysis; and the School Board voted unanimously to not move forward.

Commissioner Colon inquired how much does it cost to build and run a school; with Dr. DiPatri responding the high school is going to cost $40 million for about 2,200 students and an elementary school is about $12 million. Dr. DiPatri inquired is the building itself $12 million; with Ed Curry responding the total without land acquisition will cost $12 million. Dr. DiPatri noted that is for about 940 students. Commissioner Colon stated the County wanted someone from the School Board to be involved in the County’s local planning because it knew it was causing an impact; it was definitely ahead of itself that it needed to make sure the School Board was a key player and at the table; the County hears comments that the State has sent hundreds of millions of dollars to Brevard County; she wants to make sure it is not money it has to send every year; and inquired is it money that has already been allocated that everybody knew was already allocated and cannot be counted on. Dr. DiPatri responded the School Board gets what the State aid formula basically produces; it is hundreds of millions of dollars that come from the State sales tax offset by property taxes; that is the system known as the Florida Education Finance Program; and the State sends about $175 million or so out of a $500 million operation budget. He stated the State does it every year, but the question is whether it is reasonable; that is the determination that needs to be made; Brevard has not been getting its fair share; and he hopes the settlement has been reached for Brevard vs. Miami because for years, the County has been getting less and less money. He noted from the first day he was here he tried to convince the Legislators to fight that and they are fighting it hard; Representative Needelman called him from the floor on Friday and was going to the conference committee; the County is getting $3.9 million per year less, based on the study done out of FSU, than it should be getting; and it is strictly a political fight. He stated no one is arguing fairness; a study was done, which seems to be a reasonably objective study; both parties agree that something has to be done about it; and Miami would lose $80 million. Dr. DiPatri noted he does not want to complain; the School Board does the best it can with what it gets; but at the same time it should be done fairly.

Commissioner Pritchard stated fair is always the issue; and inquired how much land does the School Board currently own that is too small to do anything with that it could sell and put on the tax roll, which would add to everyone’s income. Dr. DiPatri responded the School Board came up with 29 ideas that it has challenged him to come back with answers on; he has been doing that periodically since the first work session; except for a few small parcels in small amounts of money, there is one major piece the School Board is looking at selling, which is in downtown Melbourne; and it is getting some interest. He stated the School Board saves some property for future growth; it has a big parcel in Port St. John, another parcel in Palm Bay, and one parcel on North Merritt Island across the bridge; so there are certain locations where the School Board is going to ultimately need to build a school; and it does not want to get in the situation where it does not have any land and all of a sudden all the growth is here and a school needs to be built.

Ed Curry noted some of the parcels are too small for schools; one small parcel in Palm Bay was acquired from General Development in its bankruptcy proceedings; about every three years he advertises publicly for any interest in the purchase of the School Board’s vacant properties; and so far it received only one party interested, which was to buy the facility on Pineapple. He stated it is the old Creel Elementary School property, but people are not interested in spending top dollar for property the School Board owns; and they would like to basically steal it.

Commissioner Pritchard noted there is a smaller piece on North Merritt Island where Courtenay Parkway and Tropical Trail come together; it is perhaps one acre or maybe a little bit larger; it is too small to do anything with; and he has asked the County to look at what kind of properties it has to see if there is any viability to them. He stated if the School Board has 10 acres or five acres that could be a school site, it does not want to give that up, but if there are smaller pieces and nothing is being done with them, it would be better to put them on the tax roll.

Dr. DiPatri stated the School Board is looking at it closely; and he will send Commissioner Pritchard a list of the School Board’s property. Commissioner Pritchard inquired is seasonal the same as multi-track; with Dr. DiPatri responding no, and the study he gave the Board is multi-track. Dr. DiPatri stated there are a number of districts in California, but the end result is most of them are looking to go back to year-round schools; it is interesting when one does a lot of research; every sort of novice in the field talks about schools being on an agrarian calendar; and basically that is true. He noted there are so many things that have evolved over the last 50 years during the summer months that are business related that force the schools to be on the schedule they are on, as well as external forces; BCC has the largest dual enrollment program in the entire State; it is number one in the number of students and the number of courses taken; and for advanced placement courses where students take courses in high school, the State reimburses them and they do not have to pay for them when they go to college. He stated students go to the University of Miami and have already taken calculus, chemistry, and advanced placement; they do not have to take that again; none of those courses could be taken on the multi-track system; and if the County has a multi-track system, some students would have 120 days of instruction before FCAT and others would have 100 days. Dr. DiPatri inquired how fair is that and will the State make an adjustment in the FCAT calendar; stated right now the School Board has the most comprehensive summer program ever in the history of Brevard coming up this summer for students; it is primarily about education, not make-up courses; and every student below grade level in reading will have an opportunity to attend the summer school this year in the district. He noted the School Board is providing child care for the parents; it sees itself doing that for the next five years, so there is no panacea; multi-track is an option, but not a panacea; and it creates problems. He stated parents do not like it and every place it has been done, parents moved to have it changed; Ocala went to it about eight or nine years ago; and the parents wanted no part of it, so they convinced the superintendent and the board to go back to the regular calendar.

Commissioner Pritchard stated what generally happens is the emotional aspect of it tends to override whatever financial savings there may be; he was comparing work schedules for teachers compared to County employees to get an idea of how much money people were being paid because everyone hears that teachers are underpaid and would like to get more money; a positive aspect of multi-tracking schools would be the teachers would be on a 12-month contract with sufficient time off like any employee would have; and currently teachers have 44 days off during the summer and 21 holidays during the year compared to a County employee that has 18 days and ten days. He noted that is the average County employee; if the School Board went to multi-tracking, it would be paying the teachers an average of about $12,000 a year more, so it figures into what Mr. Wilson was saying about the cost of things increasing; if it is offset by not having to build the high school because one-fourth of the children are off at any given point, the teachers are on the 12-month contract and could opt to not be on it; and everyone would have to see how that would work. He stated it is another way to see how the School Board can provide the best possible education, give more money to teachers, and make it a win for everybody involved; and these are some of the questions he will be bringing back when he gets his package together for Thursday.

Commissioner Colon stated one of the things that is very important is that the Board and School Board need to work together; Brevard County is growing fast and the School Board is trying to catch up with the County; and it has to be very frustrating. She noted if there is an area that used to be orange groves and all of a sudden it becomes subdivisions, the School Board did not plan on putting a school in a particular place; the County and School Board do not have a crystal ball to be able to say what is going to happen; and it is something that needs to be echoed, not only to the County, but the Space Coast League of Cities and municipalities, and their responsibilities. She stated the School Board is playing catch-up; the Board was trying to bring the message last year; she is not on the School Board and she is not going to tell it how to do its job; and it is an extremely difficult job. She noted she has seen the School Board in action and sees what comes before it; it has its hands full; and encouraged it to work closely with the municipalities, be more assertive, and ask them what kind of impact they are going to cause. She stated for so long everyone was careful of not telling the other what to do; the School Board needs to do it and has to demand that from elected officials who are voting; catching up is not good; she is willing to do her fair share in regard to the unincorporated area; and municipalities also need to step up to the plate. Commissioner Colon noted everyone cannot just let the School Board do this; in regard to the summer program, she cannot thank Dr. DiPatri enough as a parent who has a child in first grade and another one in the 8th grade; education is why she moved to Brevard County; and she and her husband searched and searched in the State of Florida. She stated she is extremely proud of the education and was proud of what she saw yesterday that the County is first in the nation with science and math; the County has a lot to be proud of with its young people and that is why it is extremely important that she helps the School Board; and as a parent, she is able to wear two hats--as an elected official who allows rezoning or who will stop a rezoning, or as an elected official who has a child too. She noted her son is doing well in first grade, but she can now feel as a parent very confident that for six weeks he is going to be able to do some more reading and more math; he will be prepared for the second grade; she is also proud of her daughter who received a 4.0 grade point average; and it did not come easy for her and she has worked very hard. Commissioner Colon stated it was based on the fact that Dr. DiPatri raised the bar and that is why her daughter is taking high school math; she feels passionate about everyone paying their fair share because they owe it to the children; and it is not the problem of the School Board alone. She reiterated that the School Board needs to get more involved with the County and municipalities, and demand to know what they are doing.

Dr. DiPatri stated he wishes the School Board had the kind of relationship with the municipalities as it does with Mr. Jenkins, Peggy Busacca, and County staff; Mr. Curry works closely with County staff; Mr. Jenkins is always cooperative; and there is a good relationship between the School Board staff and County staff. He advised the School Board adopted a Resolution at its last meeting asking him to write to the municipalities, which he has done, asking that the School Board representative be a voting member; and he is waiting to hear back.

Chair Higgs expressed appreciation to Mr. Wilson, Dr. DiPatri, and Mr. Curry for all of their time.

Glenda Busick stated she agrees with the impact fees on new construction for schools; she is upset that taxpayer dollars go to the schools and the County does not demand the bureaucrats and elected officials for change; it is desperate for construction of schools and maintenance; and 800 to 1,000 kids are moving in. She noted the attitude is a whining bunch of bureaucrats and elected officials that cannot find solution to the problems and that is bad; the County and School Board are hearing from the parents; it needs to look at the better good for the whole community; and if she ran her business where she closed the doors two to three months of the year and did not use her buildings, she would be bankrupt. She stated the School District is bankrupt; it does not have the schools, maintenance, or teachers; and it said if it could get some COP’s, it would get out of the problem, but it cannot get the COP’s because the voters want it to manage and work with what it has. She noted there are intelligent people in the community, which is why the students have top grades; their parents care and are working at home with them; and they are engineers, scientists, and business owners. Ms. Busick stated there are intelligent people in the community who can help the County come up with solutions; the State of Florida is not going to help; the other counties and cities are not doing it either; and the cities are running the State, not the counties. She noted the County is not getting impact fees because developers get new construction dollars out of the cities; the School Board wants to have an impact fee for schools because it might not get some new construction dollars; and the big picture is how to get the schools. She stated Commissioner Colon asked the County Attorney if the cities would have to participate with a school impact fee if the County did it; it is a regional issue; and inquired when are the 29 ideas going to get done and why the County and School Board do not get joint planning agreements. She noted schools are a regional issue; and inquired why the School Board did not put the impact fees in five or six years ago and why is it coming to the County Commission to do it. She stated if the School Board does not have the guts to do it, then thank goodness the County does; and inquired why the School Board does not have school impact fees on its own. Commissioner Scarborough responded the County Commission has to do it. Ms. Busick inquired why the School Board has not come to the County before demanding school impact fees; and noted it is probably because it does not want to buck developers and builders.

Attorney Knox stated the County can enact Countywide impact fees; and the cities cannot opt out of them unless they have their own impact fee established on their own study.

Commissioner Scarborough stated the issue is going to be heard extensively at the workshop on Thursday.

APPROVAL TO PURCHASE, RE: SUPPLY FACILITY FOR FIRE RESCUE

Chair Higgs stated the Board has the requested revised action in hand and staff is here.

Fire Chief William Farmer stated due to information staff received Monday and today, it was able to put a finer point on its requested action; it is requested that the Board authorize staff to evaluate the property and building located at 300 Ansin Road, Rockledge, Florida for possible purchase; staff will, under this authorization, obtain environmental services, surveys, and appraisals and negotiate a contract, which the Chair is authorized to execute for the property, which shall not exceed the appraised value plus closing and recording costs and shall be subject to the findings of an environmental assessment indicating there is no hazardous contamination requiring the County to pay for a clean up of the desired property. He noted it is further requested that the Board authorize the expenditure of no more than $26,450 (anticipated as 5% of the negotiated cost) as a refundable deposit to be placed in escrow and applied to the purchase price if terms and conditions are met by both the Seller and Brevard County; and approve the budget change request allocating up to $223,000 from EMS reserves for the purchase of the property.

Chair Higgs stated she reviewed this and it causes her some concern that the County is going to authorize the Chair to move forward just based on the appraisal; and her preference would be to authorize staff to do everything other than have the Chair sign the contract. She noted she has no problem with staff moving forward, getting the appraisals, and attempting to negotiate what it believes to be a fair price; but the contract needs to come back to the Board.

Commissioner Carlson noted there would be an update on the environmental assessment. Chair Higgs stated there would be an update on everything and the package would be brought to the Board for a decision.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize staff to evaluate the property and building located at 300 Ansin Road, Rockledge, Florida for possible purchase, and obtain environmental services, surveys, and appraisals; authorize staff to
negotiate a contract and bring it back to the Board for approval; and authorize expenditure of no more than $26,450 as a refundable deposit to be placed in escrow and applied to the purchase price if terms and conditions are met by both the seller and the County. Motion carried and ordered unanimously.

PUBLIC COMMENT, RE: CHARTER REVIEW COMMISSION

Glenda Busick stated she attended some of the Charter Review Commission (CRC) meetings; there are 15 members and it is difficult to get 10 members to agree on an issue; some really good things have come there, like preservation districts; and it failed by one vote. She noted people who were there were from Scottsmoor and Mims; they are afraid they are going to be annexed and want a way to protect themselves, but the item did not pass and will not be on the ballot; it will be 200 million people if the Comprehensive Plans were all built out; and on density, if some developer or builder wants to have four houses on one acre instead of one house per acre, it would take four votes of five to say yes to change it. She stated it failed and was a good idea; the voters are asking for protection; and inquired how can they protect the quality of life when people from New Jersey and California, where land is three times the price, come here. She noted the property here is dirt cheap compared to New Jersey and California; it is paradise here and the people are buying and building; and the residents are stuck with the aftermath of it. Ms. Busick stated there are good proposals that cannot get 10 votes; she sees it as a democracy; the people tried it with the CRC and any one of those people can try it with the Board since it is the time of the election to get an issue on the ballot; and the people have to have an avenue to try and have the Board listen to the issues. She noted the Board could pick out two or three issues and say they are worth voting for; there could be a 4:5 vote to put something on the ballot; and that is all she is asking.

Chair Higgs stated she understands Commissioner Colon’s concerns; she does not remember a time when a citizen’s request to be heard before the Board was ignored; while she understands and certainly does not wish to undermine the CRC and is not involved in its day-to-day process, she cannot recall when a citizen asked to come before the Board that it was not allowed to speak; and a citizen request is honored by the Board. She noted whether or not four Commissioners would agree to put something on the ballot or not she does not know; but the Board certainly has been more than accommodating in regard to hearing citizens’ requests.

Commissioner Pritchard stated some of the items that have come before the CRC have come before the Board in various other forms; these same people have taken the same approach; if the issue were good, it would have gotten 10 votes; and the Board should not be encouraging people who were not successful at the CRC to now come before it. He noted some of the people have already been before the Board; that is why it has the CRC; each Commissioner appointed three members and there are 15 total; it takes a majority of those present to get the issue to a style and drafting; and then it comes back where 10 members are required to pass it. He stated if the CRC has taken that position, he would support it; he is not saying someone cannot come and say something; but if he or she is going to come and say something that the CRC did not approve, it is going to fall on a deaf ear with him.

Chair Higgs stated as she recalls in the Charter there are several ways for amendments to occur; and one is the regular cyclical CRC, a second is a super majority of the Board, and the third avenue is a petition mechanism.

County Attorney Scott Knox stated the third avenue is an initiative. Chair Higgs stated there are three mechanisms, all having equal standing in the Charter; and if somebody brings an issue, she will look at it.

 

WARRANT LIST

 

 

 

 

 

 

 

Upon motion and vote, the meeting adjourned at 12:04 p.m.

 

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

 

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