MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

February 6, 2001

The Board of County Commissioners of Brevard County, Florida, met in regular session on February 6, 2001, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Sue Carlson, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Tim Franklin, Freedom Christian Center, Viera, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the Minutes of November 30, 2000 Special Meeting, December 5, 2000 Regular Meeting, and December 7, 2000 Zoning Meeting. Motion carried and ordered unanimously.

OPPOSITION TO GOVERNOR'S PROPOSED BUDGET, RE: PRE-DETENTION OF
JUVENILES

County Manager Tom Jenkins stated the County has received an alert from the Florida Association of Counties (FAC) that under the Governor's proposed budget, county governments are going to be responsible for funding the pre-detention of juveniles prior to their going to trial, which the State has previously funded; and they are estimating the cost to Brevard County at approximately $2.3 million. He noted it may cost Broward County close to $7 million and almost $11 million for Dade County; and inquired if the Board wants to take a position on the issue.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the Chairman to send a letter opposing the Governor's proposed budget giving the responsibility for funding pre-detention of juveniles prior to trial to counties; and to advise the Legislative Delegation and Lobbyist of the Board's position.

Chairman Carlson stated there are other issues coming from Tallahassee concerning possible cuts; and inquired would it be prudent to put them all in one letter, or should they be done separately. Mr. Jenkins suggested they be done separately to draw attention to them; and advised staff is working on them. Chairman Carlson inquired will staff bring them to the Board as they develop; with Mr. Jenkins responding affirmatively.

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

RECOGNITION, RE: LEGISLATIVE COORDINATOR

County Manager Tom Jenkins introduced Carol Laymance, Legislative Coordinator for Brevard County; stated she is a 1999 graduate of Florida State University law school, with 12 years of experience in the Air Force; and has special expertise in aerospace and minimal experience in Tallahassee.

The Board recognized and welcomed Ms. Laymance.

AGREEMENT WITH CENTRAL FLORIDA COMMUNITY DEVELOPMENT CORPORATION,
RE: IMPLEMENTATION OF MICRO-ENTERPRISE DEVELOPMENT PROGRAM

County Manager Tom Jenkins requested the item be withdrawn from the Consent Agenda as staff needs to do additional work on it.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to withdraw Agreement with Central Florida Community Development Corporation for implementation of Micro-enterprise Development Program from the Agenda as recommended by the County Manager. Motion carried and ordered unanimously.

RESOLUTION, RE: AMENDING RESOLUTION NO. 2000-352, EMORY BENNETT
CAUSEWAY

Commissioner O'Brien stated Resolution No. 2000-352, regarding the renaming of S.R. 528 to Beachline was not intended to remove Emory Bennett's name from the Causeway between Merritt Island and Cocoa; and to be sure that Brevard County's noted appreciation for Emory Bennett, its very own medal of honor winner in the Korean War, remains intact, the following paragraph should be added to Resolution No. 2000-352: "Whereas, Emory Bennett gave his life for his country, was awarded the medal of honor, our nation's highest honor for courage and valor, and was a lifelong resident native son of Brevard County, a portion of the Beeline, known as Emory Bennett Causeway, was dedicated to his memory and his honor; and this section shall remain known, in perpetuity, as the Emory Bennett Causeway."

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution amending Resolution No. 2000-352, changing the name of S.R. 528 from Beeline to Beachline, to keep a portion of that roadway known as Emory Bennett Causeway in perpetuity.

Chairman Carlson inquired what was the reasoning behind changing it from Beeline to Beachline. County Manager Tom Jenkins responded it was proposed by the Cocoa Beach Greater Area Chamber of Commerce as an economic development-type issue to focus more attention on the beachside as a tourism destination; and he does not believe anybody contemplated what Commissioner O'Brien is raising today.

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

APPOINTMENT, RE: WEED AND SEED STEERING COMMITTEE

Commissioner Higgs stated the Board has information on Alliance for Neighborhood Restoration, the designated Weed and Seed Coordinator, a joint project funded through Housing and Urban Development (HUD) and Department of Justice with a focus on weeding out young criminals and drug activity, as well as preventing those kinds of delinquent behaviors. She stated they requested the Board endorse their efforts by appointing one member to the Weed and Seed Steering Committee, and support the efforts, which are similar to other efforts the County is undertaking through Community Development Block Grant (CDBG) and Census Tract 626. She requested the Board allow her to represent the Board on the Steering Committee; and advised it does not involve any additional expenditure of funds.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to endorse the efforts of the Alliance for Neighborhood Restoration and Department of Justice to weed out young criminals and drug activity, and prevent juvenile delinquent behaviors; and appoint Commissioner Nancy Higgs to represent the Board on the Weed and Seed Steering Committee. Motion carried and ordered unanimously.

PERMISSION TO DRAFT ORDINANCE, RE: ESTABLISHING MORATORIUM ON
CONDITIONAL USE PERMITS (CUP'S) FOR ADDITIONAL BUILDING HEIGHT

Commissioner Colon recommended staff prepare a draft ordinance for the Board to consider implementing a moratorium for the next 90 days on applications for Conditional Use Permits (CUP's) for additional building height, and authorize the scheduling and advertising of the appropriate public hearing. She noted the County would not accept any more applications until the Board finalizes its task regarding building heights.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to authorize staff to draft an ordinance establishing a 90-day moratorium on conditional use permit (CUP) applications for additional building height, and to schedule and advertise the appropriate public hearing.

Commissioner O'Brien stated he cannot support the motion without public notice. Chairman Carlson stated the moratorium would have to be put on the agenda, and a public hearing held. Commissioner O'Brien noted he can support it as long as there is a public hearing; and the public should always be kept involved in the process. Chairman Carlson noted Commissioner Colon is requesting the item be put on the agenda.

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

LETTER FROM NAACP, RE: NAMING OF THE PALM BAY BELTWAY

Commissioner Colon stated she received a letter from the National Association for the Advancement of Colored People (NAACP) suggesting naming of the Palm Bay Beltway; she had discussions with Bob Kamm, who indicated it would be premature to discuss the naming at this time, as the studies are being done; and once the funds are allocated for the project, the Board will get more suggestions and feedback from the community in regard to the naming.

ANNOUNCEMENT, RE: TOWN MEETING

Commissioner Colon stated her second Town meeting will be held this Saturday, February 10, 2001, at 10:30 a.m. at the Melbourne Library; and it is for the residents of Melbourne, West Melbourne, and Melbourne Village to get feedback.

OFFICE SPACE AT GOVERNMENT CENTER, RE: CONGRESSMAN WELDON

Chairman Carlson stated the Board requested she meet with Congressman Weldon regarding office space rent; and requested Mr. Jenkins go over the highlights of the meeting.

County Manager Tom Jenkins advised Congressman Weldon expressed a strong interest in remaining in the Government Center as he felt it was a benefit to both his and the Board's constituents in fostering a close daily working relationship between his office staff and County government. He stated Congressman Weldon explained that federal funding is divided into three categories-salaries, operating expenses, and mailing expenses; until two years ago, it was not legal to use the mailing allocation for anything other than that purpose; and the salary and operating budgets are normally fully expended at the end of the year, and any savings that occur are typically in the mailing expense budget. He noted even though it is now legal to move money among all three budget areas, it is a sensitive area to divert the mail dollars to other congressional district operating expenses as it is watched closely. He stated Congressman Weldon's expenditure amounts are not finalized until about three months after the end of the fiscal year; and Mr. Weldon indicated it would be necessary to make a reduction in his current delivery of service within his District if he were to pay rent. Mr. Jenkins stated Congressman Weldon has basically left it with the Board with the understanding that he would like to stay; and if the Board finds it necessary to charge him rent, he would take it into consideration and look at it and other options.

Commissioner Scarborough stated if Congressman Weldon goes someplace else there is not free rent there; and the County charges nominal rent for some people, such as Representative Randy Ball. Mr. Jenkins advised the County charges Representative Ball approximately $6.50 per square foot. Commissioner Scarborough noted if the County charges the nominal amount it would not drive Congressman Weldon from the Government Center, as he would still find it cost-effective to be here; and suggested Chairman Carlson go back to Congressman Weldon and pursue a nominal rental fee on the same basis as other State legislators.

REPORT, RE: SIGN FOR PINEDA EXTENSION

Chairman Carlson stated the Board discussed proper signage when the Pineda Causeway extension goes in; and presented a copy of the sign that has been installed at the intersection of Wickham Road and the proposed extension of Pineda Causeway, saying, "Future Extension of Pineda Causeway, from Wickham Road to I-95 Interchange."

REPORT, RE: WATER RESTRICTIONS

Chairman Carlson requested staff report on the water restrictions that are currently in effect by the St. Johns River Water Management District and the various cities.

Assistant County Manager Stephen Peffer advised the central part of the State is experiencing more severe drought than Brevard County; when the St. Johns River Water Management

District implemented its water restrictions, it specified certain counties that would be covered; Brevard County is a hybrid as the City of Cocoa withdraws its water from Orange County, so its customers are also covered by the restriction; and the City of Cocoa sells water to the City of Titusville, so Titusville is also covered. He stated the water restrictions are limiting landscape and lawn irrigation to no more than two days a week, specifically allowing irrigation, if needed, only on Wednesdays and Saturdays for odd-numbered addresses and Thursdays and Sundays for even-numbered addresses and homes with no addresses, before 10:00 a.m. and after 4:00 p.m.; and no more than 3/4th of an inch of water per designated day. He noted the use of reclaimed water is allowed at any time; the restrictions apply only to residences and businesses using water except reclaimed water; and additional restrictions for golf courses, agriculture, and nurseries can be obtained by contacting the St. Johns River Water Management District.

Chairman Carlson stated she read a memo from Water Resources Director Dick Martens recommending conserving the reclaimed water as much as possible.

REPORT, RE: WELL CAPPING

Chairman Carlson stated she provided copies of a newspaper article from the Orlando Sentinel to the Commissioners, titled Water District Waste Billions of Gallons, regarding well capping, and requested staff provide the details for the Board. She noted the County currently has a budget of $15,000 matched by the St. Johns River Water Management District to cap some of the free-flowing wells.

Section Supervisor Conrad White advised the well capping program has been in existence in Brevard County for about 19 years as a joint program with St. Johns River Water Management District to plug uncontrolled artesian wells; it is a government-paid program and property owners do not have to pay anything; to date, 459 wells have been plugged, saving approximately 43 billion gallons of groundwater; and 120 wells are left on the list to be plugged in Brevard County, with 14 included for this year. He noted 27 of the 120 have signed agreements with property owners, 50 are on State and federal government properties, and 29 do not have signed agreements; and the cost is between $2,000 and $3,000 per well.

Chairman Carlson inquired what is the District willing to do in terms of putting up its dollars; with Mr. White responding it will match Brevard County. Chairman Carlson inquired how much additional funds will it take to cap the rest of the wells; with Mr. White responding it would cost approximately $54,000 total to cap all the wells that have signed agreements. Chairman Carlson recommended staff put a report on the Agenda, including information from the St. Johns River Water Management District, for the next meeting.

RESOLUTION, RE: COMMENDING CHARLES E. HUNTER

Commissioner Colon read aloud a resolution commending Charles E. Hunter for his exemplary service to the Solid Waste Management Department.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution commending Charles E. Hunter for his exemplary service to the Solid Waste Management Department. Motion carried and ordered unanimously.

Charles Hunter expressed appreciation to the Board for his employment for the last 10 years; stated he spent a couple of years in Sarasota County doing the same thing; and he is a native of Putnam County in Palatka and worked there for 12 years. He stated he appreciates the Board's support and the support of County staff; and he hopes his support was the same to them.

County Manager Tom Jenkins stated the County operates a large landfill and disposal facility west of Cocoa; it is one of the cleanest and best-run landfills in the State of Florida; the County never gets complaints from the neighbors in any fashion; and Mr. Hunter gets a lot of the credit.

Commissioner Colon presented the Resolution to Mr. Hunter.

RESOLUTION, RE: SUPPORTING THE CENTER FOR DRUG-FREE LIVING'S PREGNANT,
POST PARTUM AND INFANTS PROGRAM

Chairman Carlson read aloud a resolution supporting The Center for Drug-free Living's Pregnant, Post Partum and Infants Program.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution congratulating The Center for Drug-free Living's Pregnant, Post Partum and Infants Program, supporting the continuation and expansion of these vital treatment services for women and children, and extending its best wishes for continued success. Motion carried and ordered unanimously.

A representative of The Center for Drug-free Living's Pregnant, Post Partum and Infants Program, stated the Program is an excellent service provided to the community; and expressed appreciation to the Board for its support and recognition.

Commissioner O'Brien inquired is The Center only for families in crisis or is it also for women who are alcoholics and need treatment.

A representative of The Center for Drug-free Living's Pregnant, Post Partum and Infants Program, stated The Center provides continuum services for both; the women's residential program is for women and their children; and they live on site with their children. She noted The Center also has a program for women without children, offers services throughout four different counties to meet the needs of anyone who has a chemical dependency and other issues that come along with it, and provides for women, males, adolescents, and all populations, including juveniles.

Commissioner Carlson presented the Resolution to the representatives of The Center for Drug-free Living's Pregnant, Post Partum and Infants Program.

RESOLUTION, RE: PROCLAIMING HAZARDOUS WEATHER AWARENESS WEEK

Commissioner Higgs read aloud a resolution proclaiming February 19 through 23, 2001, as Hazardous Weather Awareness Week in Brevard County.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution proclaiming February 19 through 23, 2001, as Hazardous Weather Awareness Week in Brevard County; urging the cooperation of the National Weather Service, Emergency Management, municipalities, School Board, private schools and the news media to inform all residents and visitors of appropriate safety measures that should be taken when hazardous weather conditions occur; and encouraging all residents to become better informed about hazardous weather, purchase a National Oceanic and Atmospheric Administration weather alert radio, develop a plan for their families and businesses, and exercise that plan on a regular basis. Motion carried and ordered unanimously.

Commissioner Higgs stated Bob Lay and his staff do a tremendous job, as does the National Weather Service.

Bart Hagelmeyer, National Weather Service, advised the National Weather Service is proud to be a part of the community and work with the County and Office of Emergency Management; the County faces a lot of weather risks; and the fact that the Board has adopted this Resolution shows its commitment to preparing the citizens of Brevard County for the various hazardous weather. He noted over the past 12 years he has been impressed with Brevard County; it is one of the most prepared counties in the State; and under the Board's continued leadership, and Mr. Lay and his hard-working staff, the citizens will continue to be the most prepared and ready for various hazards it faces.

Commissioner Higgs requested staff explain the National Oceanic and Atmospheric Administration (NOAA) weather alert radio.

Mr. Hagelmeyer stated the National Weather Service in Melbourne broadcasts on the NOAA weather radio 24 hours a day; it is probably going to move the site to Viera for better reception; NOAA weather radio is one way of alerting citizens in the middle of the night of devastating weather; and it is the basic warning system and is in all the schools now, thanks to Mr. Lay and the Board's hard work.

Emergency Management Director Bob Lay advised the NOAA weather radio can be purchased anywhere from approximately $19.95 to $75.00.

Chairman Carlson inquired about the City of Melbourne's efforts of doing the reverse 9-1-1. Mr. Lay advised the County is letting the City use the call notification part of the system; the City will set up neighborhood block captains; and the Police Department will be able to use the County's system to call those people. Chairman Carlson inquired will it be used if there was a tornado siting; with Mr. Lay responding no, the Weather Service handles the notification and alerting for tornadoes. Mr. Lay advised the County has the ability to use the geographical notification system, which is basically drawing an area on the map and notifying those people in the area; and he is staying away from the term "reverse 9-1-1" because it is not a reverse 9-1-1 system, it is a system based on the County's current data base.

County Manager Tom Jenkins advised Mr. Hagelmeyer has been a valuable player in helping Brevard County plan and respond to hurricanes; and expressed appreciation to Mr. Hagelmeyer. Mr. Lay stated Mr. Hagelmeyer is a super member of the team. Chairman Carlson stated Mr. Lay has a great team; and Brevard County depends on them.

Commissioner Higgs presented the Resolution to Bob Lay, Bart Hagelmeyer, and Steve Benn.

RESOLUTION, RE: PROCLAIMING BLACK HISTORY MONTH

Commissioner Scarborough read aloud a resolution proclaiming February, 2001, as Black History Month in Brevard County.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution proclaiming February, 2001, as Black History Month in Brevard County; acknowledging and
celebrating this important part of our nation's history; and encouraging all citizens to learn about and remember the important fight for equality and justice in our nation. Motion carried and ordered unanimously.

Clarence Rowe, President of the National Association for the Advancement of Colored People (NAACP) Central Branch, expressed appreciation to the Board for the sensitivity of recognizing Black History Month; stated it is a national recognition that has been going on over a number of years; and thanked the number of African Americans who have contributed to the melting pot of the County, State, and nation.

Commissioner Scarborough presented the Resolution to Clarence Rowe.

FINAL PLAT APPROVAL, RE: SABAL CHASE SUBDIVISION

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant final plat approval for Sabal Chase Subdivision, subject to compliance with recommendations by review agencies and all other applicable policies, ordinances, laws and regulations, receipt of all documents required for recording, and developers obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: PARK PLACE

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

FINAL PLAT APPROVAL, RE: SOMMERVILLE SUBDIVISION, TRACT E-1, PHASE 1

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant final plat approval for Sommerville Subdivision, Tract E-1, Phase 1, subject to compliance with recommendations by review agencies and all other applicable policies, ordinances, laws and regulations, receipt of all documents required for recording, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA, PARCEL P

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant final plat approval for Viera, Parcel P, subject to compliance with recommendations by review agencies and all other applicable policies, ordinances, laws and regulations, receipt of all documents required for recording, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT FOR PARSLEY AVENUE, EXTENSION B

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution releasing Contract dated August 29, 2000, for Parsley Avenue, Extension B. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH JOHN P. McGINLEY, RE: LABRADOR LANE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Unpaved Road Agreement with John P. McGinley for construction of Labrador Lane. Motion carried and ordered unanimously.

AUTHORIZATION TO FILE INJUNCTION AGAINST TROY AND JENNIFER POWERS,
RE: CODE VIOLATION

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the County Attorney to file an injunction on behalf of Code Enforcement against Troy and Jennifer Powers, who continue to violate Brevard County Code Section 62-2117(1)(3), prohibiting the parking, locating and storing of commercial vehicles or heavy equipment in any residential zoning classification. Motion carried and ordered unanimously.

AGREEMENT WITH HARDESTY & HANOVER, LLP, RE: ENGINEERING SERVICES
FOR MATHERS BRIDGE RECONSTRUCTION PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement with Hardesty & Hanover, LLP for Mathers Bridge reconstruction project in the amount of $619,293.33. Motion carried and ordered unanimously.

WAIVER OF BID AND PERMISSION TO QUOTE AND ISSUE PURCHASE ORDERS FOR
RESTORATION SERVICES FOR PELICAN CREEK CANAL

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to quote and issue purchase orders for restoration services for Pelican Creek Canal; and bid and award Contract for those restoration services, which are estimated not to exceed $140,000. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE FINAL PUBLIC HEARING, RE: RESOLUTION ADOPTING
FINAL ASSESSMENT ROLL FOR VALLY ROAD PAVING II MSBU

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to advertise final public hearing to consider a resolution accepting improvements and adopting final assessment roll for Vally Road Paving II MSBU. Motion carried and ordered unanimously.

APPROVAL TO INCREASE PURCHASE ORDER TO SOUTH PATRICK RESIDENTS
ASSOCIATION, RE: ROADSIDE MAINTENANCE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve increasing Purchase Order No. 4500008658 to approximately $37,000 to allow continued roadside maintenance of landscaped public rights-of-way within the District 4 Beaches enclave represented by South Patrick Residents Association. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH BOYS AND GIRLS CLUB OF BREVARD, INC., RE: SPACE
AT GIBSON COMMUNITY CENTER

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Lease Agreement with the Boys and Girls Club of Brevard, Inc. for space at Gibson Community Center. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: DEVOE, WEST
RAILROAD AND SAWYER AVENUES IMPROVEMENTS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to advertise request for bids and award to qualified low bidder; and authorize the Chairman to execute contract for the Devoe Avenue paving and drainage project, West Railroad Avenue paving, drainage and sidewalk improvements project, and Sawyer Avenue paving, drainage and utilities project, as approved in the 1995/96 Consolidated Plan and 1997/98 Action Plan. Motion carried and ordered unanimously.

REIMBURSEMENT TO CITY OF PALM BAY, RE: BOARDWALK CONSTRUCTION
AT TURKEY CREEK SANCTUARY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize reimbursement of $1,318.80 to the City of Palm Bay for additional plank material used in construction of a boardwalk at Turkey Creek Sanctuary. Motion carried and ordered unanimously.

RESOLUTION, RE: DESIGNATING COMMUNITY TRANSPORTATION COORDINATOR
FOR SCAT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution designating the County as Community Transportation Coordinator under the Florida Commission for the Transportation Disadvantaged until September 2003, to allow Space Coast Area Transit (SCAT) to provide coordinated transportation services for the community. Motion carried and ordered unanimously.

AMENDMENT TO JOINT USE AGREEMENT WITH SCHOOL BOARD, RE: BUS
TRANSPORTATION SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Amendment to Joint Use Agreement with the School Board of Brevard County for bus transportation services to transportation-disadvantaged citizens from March 1, 2001 through February 28, 2002. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 TO AGREEMENT WITH ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT AND BUDGET CHANGE REQUEST, RE: S.W.I.M.
FUNDS TO REHABILITATE IMPOUNDED ESTUARINE WETLANDS IN
INDIAN RIVER LAGOON SYSTEM, PHASE II

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Change Order No. 2 to Agreement with St. Johns River Water Management District extending the completion date to December 31, 2001 with no change in contract amount, and Budget Change Request moving remaining S.W.I.M. funds of $146,720 to the Mosquito Control budget for rehabilitation of impounded estuarine wetlands in the Indian River Lagoon System, Phase II. Motion carried and ordered unanimously.

AGREEMENTS WITH F. A. RICHARD & ASSOCIATES AND UNDERWRITERS SAFETY
& CLAIMS, INC., RE: LIABILITY AND WORKER'S COMPENSATION CLAIMS
ADMINISTRATION

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreements with F. A. Richard & Associates, Inc. for Auto Liability, General Liability, and Public Officials and Employment Practices Liability claims administration at an estimated $135,240 for the first year of a two-year Agreement, and with Underwriters Safety & Claims, Inc. for Workers' Compensation claims administration at an estimated $79,590 for the first year of a two-year Agreement. Motion carried and ordered unanimously.

APPROVAL OF EXECUTIVE SESSION, RE: EDWARD AND BETTY JEAN VANBLARCOM
v. BREVARD COUNTY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve scheduling an executive session on February 20, 2001 at 5:00 p.m. to discuss strategy related to Edward and Betty Jean VanBlarcom v. Brevard County. Motion carried and ordered unanimously.

APPROVAL OF EXECUTIVE SESSION, RE: NORMAN T. JOHNSON, JR. v. BREVARD
COUNTY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve scheduling an executive session on February 20, 2001 at 4:45 p.m. to discuss strategy related to Norman T. Johnson, Jr. v. Brevard County. Motion carried and ordered unanimously.

REQUEST FOR COMPREHENSIVE PLAN CONSISTENCY REVIEW, RE: THE BUCCANEER
GAS PIPELINE PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize staff to submit an Agenda item, following the February 8, 2001 meeting with representatives of Buccaneer Gas Pipeline Company, requesting Comprehensive Plan Consistency Review for the Buccaneer Gas Pipeline Project. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to appoint David Paterno to the Affordable Housing Council, with term expiring December 31, 2001; Cindy Flachmeier to the Brevard County Commission on Status of Women, replacing Jenny Gessler with term expiring December 31, 2001; Doug Jaren to the District 2 Canal Dredging Committee, with term expiring December 31, 2001; Eduardo Torres to the Palm Bay Regional Park Advisory Committee, replacing Gerianne Riley with term expiring December 31, 2001; Robin Tibbitts to the Parks and Recreation Department South Service Sector Advisory Board, replacing Christopher Graham with term expiring December 31, 2001; Eddie Carr as alternate to the Planning and Zoning Board, with term expiring December 31, 2001; Marion Hughes to the West Melbourne Public Library Board, replacing Gloria Sommer with term expiring December 31, 2001; Clyde Thodey to the Zoning Board of Adjustment, replacing Helen Filkins with term expiring December 31, 2001; and reappoint Jim Culbertson and Kim Carman to the Historical Commission, with terms expiring December 31, 2001; and Roger Probst to the Medical Services Review Committee, with term expiring December 31 2001. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

PUBLIC HEARING, RE: RESOLUTION AND INTERLOCAL AGREEMENT WITH SEMINOLE
COUNTY AND ORANGE COUNTY HEALTH FACILITIES AUTHORITY, RE:
HEALTHCARE FACILITIES REVENUE BONDS (G/F ORLANDO, INC. PROJECT)

Chairman Carlson called for the public hearing to consider resolution and interlocal agreement with Seminole County and Orange County Health Facilities Authority for Healthcare Facilities Revenue Bonds (G/F Orlando, Inc. Project).

Economic Development Director Greg Lugar stated at the Board's last meeting, it requested the item be continued to today's meeting for staff to provide a report based on questions raised at the previous meeting; and hopefully all the questions have been answered in the joint report that was provided by Don Lusk and himself regarding Healthcare questions. He stated the Board also had questions on the financial breakout of the structure; and the Orange County Health Facility Authority is asking the Board to enter into an interlocal agreement to allow it to issue bonds to be utilized in Brevard County for the acquisition of a 64-bed Intermediate Care Facility (ICF) unit in Titusville called Washington Square. He noted the majority of the funds may be for that facility; however, there are two residential group homes that are involved. He stated the Washington Square Project was originally financed by the Brevard County Board of County Commissioners in 1987; there is still an existing debt on those bonds; therefore, if the agenda item is approved by the Board, the Brevard County bonds would be repaid by the Orange County Health Facilities Authority bonds. Mr. Lugar advised it is also a partnership with the Seminole County Board of County Commissioners; Attorney Philip Nohrr and Mr. Banks with Developmental Service, Inc. (DSI), the current owners and managers of the facilities are present; and they want to make a brief presentation, if the Board desires.

Attorney Philip Nohrr, representing Guardian Foundation Orlando, Inc., stated questions were raised at the last meeting concerning quality of care and ability to pay any lawsuits or liabilities that might result from any quality care issues; there are no lawsuits pending or threatened against any of the facilities; there are no investigations pending against the facilities; and the facilities are licensed by the Department of Children and Family Services, which has no investigations pending. He advised the facilities are funded by the Agency for Healthcare Administration, which has no investigations pending; the Department of Adult Protective Services has some oversight on the facilities, and has no investigations pending; each of the facilities has an independent medical director; and there are no reports emanating from those people as well.

Attorney Nohrr stated to understand the facilities, one has to go back to the early 1980's when the State of Florida was operating the Sunnyland facilities in Gainesville and Orlando; at that time, the State made the decision to either withdraw or contract the facilities by reducing the size in Gainesville and closing the facility in Orlando; at that point, they contacted Dr. Banks, who has a Ph.D in behavioral disabilities in the State of Wisconsin, and asked him to come to Florida to help set up the facilities being discussed at this time; and he and his partner did that. He advised they have been operating the facilities for 18 years; in that time, there have been no lawsuits; after the sale is completed, the selling entities will have assets; and if there is a lawsuit from quality of care issues, the selling entities will still have assets and insurance coverage on an occurrence basis for additional protection in the event that happens. He stated the County is not in any way depriving anyone if they feel they have a cause of action or a claim for anything they feel may have occurred during the ownership of the current owners; Mr. Joel Libby, the District 7 Director for Agency for Health Care Administration (AHCA), said there is no quality or licensure issues whatsoever with the facilities; County staff met with the former Assurance Director Joyce Harris from AHCA, who supervised all the facilities, and she gave a positive report on the facilities; and there are no quality of care issues. Attorney Nohrr stated Brevard County in 1987 passed a bond issue that financed the Washington Square facility; one of the things that results by going forward with this bond re-issuance through Orange County is that issue is retired; there is a public issue according to Brevard, Seminole and Orange Counties; and by going forward with this transaction, it will create 12 new jobs at the Washington facility. He noted 58 of the direct caregivers with responsibility at that facility will get $1.50 an hour raise, $3,000 per year; the existing owners cannot do it because they are restricted in their funding; 20 employees at the group homes will get $1.00 an hour raise, $2,000 per year; and there is a lot of benefits. Attorney Nohrr stated if the project is delayed, the bond issue dies; the buyers have told them if this does not close in the time frame allowed, which is February 22, 2001, they will go elsewhere; therefore, timing is critical. He urged the Board to adopt the resolution, withdraw Brevard County from its existing Industrial Revenue Bond of 1987, and let the Orange County bond issue go forward through the interlocal agreement.

Barbara Whitley, private geriatric care manager, stated she has approximately 10 social workers on staff; they are currently guardian advocates for about 12 of the clients at Washington Square and have been asked to be guardian advocates for more; if they had the money they would certainly do it; and they are in the Washington Square facility every week. She noted her social workers try to do the best they can; it is a well-run facility; she remembers Sunnyland; and Washington Square is nowhere near Sunnyland, as the people are stimulated and well cared for. She noted Washington Square is a good facility.

Assistant County Manager Don Lusk stated County staff, including Warren Bennett, reviewed the facility, looked at all the reports, and felt it was a good facility.

Commissioner Scarborough stated the Advocacy Center for Persons with Disabilities is concerned and doing some investigations; however, they will not be completed for some weeks, so he does not know what the results of those investigations would prove. He stated at this time the Board has nothing before it that would give it a basis for saying there is something that needs to be inquired into further; and beyond that he does not claim to have any technical expertise, only the letter dated January 30, 2001 from Mr. Pat Ware, who indicated there is an investigation going on.

Attorney Nohrr stated the Advocacy Center is not a State Agency and has no oversight; it has contacted his client and is looking for some information; the Agency is reviewing the issue Statewide at a number of facilities, which includes his client's facility; and there is a philosophical difference between the Advocacy Center, which in past history has not been supportive of these types of facilities.

Commissioner Scarborough stated the letter includes, "We do know that the Hal Branch Court and Washington Square are tied for second place Statewide for the most number of deaths during the reporting period just over four years. We know that several of these deaths have been labeled by the State as unexpected." Commissioner Scarborough stated the Center singled out that facility in the letter; and inquired if Attorney Nohrr has seen the letter. Attorney Nohrr responded yes; advised Washington Square has some of the most medically-challenged patients at its facility; these are far-ranging issues; and one cannot compare one facility to another, as the medical disabilities of residents need to be considered. Attorney Nohrr noted he has people to address the specific issues. Commissioner Scarborough stated he was hoping the Center would have something more definitive than "it is unexplained, we are looking into it"; and the Center has a concern, but it does not have anything of substance to come to the Board and say it has found this. Attorney Nohrr stated each one of those deaths are looked at by Department of Children and Families (DCF), AHCA, Adult Services, an independent medical director, or each counties' medical director or coroner; and his client has no problem with anybody looking at it.

Chairman Carlson stated the Board's packet includes approximately 20 letters from relatives of the residents talking about the care; and such letters are positive.

Commissioner Colon stated she realizes there is a time constraint, but the Board has to do its job by following up and protecting its constituents; and inquired which direction Commissioner Scarborough would like the Board to go.

Commissioner Scarborough stated it will be the end of March, 2001, before the Center will have the report ready; there could be others who would want to comment on it; the County does not have the capacity of getting the information and responding in a timely manner; there are a couple of letters in the file from a group that has concerns; and the County cannot get the full report in time to proceed on the matter.

Commissioner Higgs stated there is nothing in the information that indicates the State agencies that are charged with the responsibility for the quality of care have instigated any reports or actions in regard to this facility. She stated in every case, advocacy groups advocate for its clients, that is its role; but the Board does not have any solid data that says there are findings of fact. Commissioner Higgs stated there is other significant information from people, including the families and advocates in the community, who speak highly of the facility and what it has done over the years; and putting the quality of care issue aside, the bond issue is the most important thing for the Board. She stated the Finance Committee has recommended it; the Orange County agency that is issuing bonds is taking the responsibility financially for any kind of action; and all the Board is doing is allowing the funds to be used in Brevard County. She noted the Board is not endorsing the bonds or issuing such bonds; Orange County is doing so, and some of the funds are going to be used there; and in the absence of any other information, she would move that the Board adopt the Resolution.

Motion by Commissioner Higgs, seconded for discussion by Commissioner Colon, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, relative to the execution and delivery of an Interlocal Agreement among the County, Seminole County and the Orange County Health Facilities Authority (The "Authority") permitting the expenditure of a portion of the proceeds of the Authority's not to exceed $18,000,000 original aggregate principal amount of first mortgage Healthcare Facilities Revenue Bonds (G/F Orlando, Inc. Project) for the principal purposes of financing and refinancing costs incurred or to be incurred by G/F Orlando, Inc. in connection with the acquisition, renovation and equipping of certain intermediate care and group home facilities for the developmentally disabled; providing for certain other matters in connection with the execution and delivery of the Interlocal Agreement; providing an effective date for this Resolution; and execute Interlocal Agreement with Seminole County Board of County Commissioners and Orange County Health Facilities Authority for Healthcare Facilities Revenue Bonds (G/F Orlando, Inc. Project).

Commissioner Colon stated by no means does the motion mean the County will not continue the lines of communications and is not going to look at the situation to put the community at peace that everything is all right; she hopes Attorney Nohrr's client would be receptive to that; and she wants County staff to continue to review the situation and keep the lines of communications open.

Commissioner Scarborough stated some of the letters were dated four years ago and make reference to a class settlement; it sounds like there was some type of litigation against the institution; the letters are endorsing the institution; and he does not believe the County can do anything today, but there are questions that remain in the record.

Chairman Carlson inquired can the Board get any feedback; with Commissioner Scarborough responding the County does not have any role in it except to act on the issuance of bonds; and it does not license or monitor. Chairman Carlson stated it would be prudent if the County would review it; and if anything comes back negative, the Board should be made aware of it, even though it may or may not be able to do anything about it. Commissioner Scarborough noted if things are found out they will go to the State that has the responsibility; Attorney Nohrr indicated there would be additional employees and higher wages, which would be a benefit; and the Board can act on the issue today, but acknowledge that the record leaves some questions.

Commissioner O'Brien stated the public should be aware that this facility and the programs are designed to serve medically-complex and developmentally-disabled adults; and those people are extremely handicapped.

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

RESOLUTION, RE: RECOGNIZING BREVARD COUNTY SCHOOL CROSSING GUARDS

Commissioner O'Brien read aloud a resolution proclaiming February 17 through 23, 2001 as Brevard County School Crossing Guard Appreciation Week.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Resolution proclaiming February 17 through 23, 2001, as Brevard County School Crossing Guard Appreciation Week, and expressing its appreciation for their dedicated service and commitment to the safety of children. Motion carried and ordered unanimously.

Commissioner O'Brien stated school crossing guards have a tough job; they are out early in the morning and sometimes it is cold and raining; and during the summer it is hot.

A representative of the school crossing guards introduced Lena Russell who has been a school crossing guard for 30 years.

Commissioner O'Brien presented the Resolution to Lena Russell, representing the Brevard County School Crossing Guards.

Commissioner Colon stated the Board is grateful to the school crossing guards for taking care of the children in Brevard County.

Public Safety Director Jack Parker expressed appreciation to the school crossing guards; stated a lot of times firefighters get the credit and glory, as they should; but school crossing guards are heroes also; and over the past five years, they have conducted millions of safe crossings for the children without a single incident.

The meeting recessed at 10:13 a.m. and reconvened at 10:28 a.m.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENTS IN SNUG HARBOR LAKES UNRECORDED - ABBOTT
MANUFACTURED HOUSING

Chairman Carlson called for the public hearing to consider a resolution vacating public utility and drainage easements in Snug Harbor Lakes Unrecorded, as petitioned by Abbott Manufactured Housing.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution vacating public utility and drainage easements in Snug Harbor Lakes Unrecorded, as petitioned by Abbott Manufactured Housing. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING DRAINAGE CONVEYANCE EASEMENT
IN SUNTREE ESTATES, PHASE 2 - GARY AND PATRICIA DENNISON

Chairman Carlson called for the public hearing to consider a resolution vacating drainage conveyance easement in Suntree Estates, Phase 2, as petitioned by Gary and Patricia Dennison.

Assistant Public Works Director Ed Washburn advised the Dennisons have received approval from the Architectural Review Committee; the Master Homeowners Association does not meet until Thursday night; and if the Board chooses to approve the vacating, it should be subject to staff receiving the letter from the Association.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution vacating drainage conveyance easement in Suntree Estates, Phase 2, as petitioned by Gary and Patricia Dennison, subject to staff receiving approval letter from the Master Homeowners Association. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN SUNTREE LAKES, PHASE II - WILLIAM AND ELLEN EELLS

Chairman Carlson called for the public hearing to consider a resolution vacating public utility and drainage easement in Suntree Lakes, Phase II, as petitioned by William and Ellen Eells.

Chairman Carlson stated there appears to be one objection or potentially a hold in the Zoning Division; and requested staff provide an explanation.

Cynthia Fogle, representing Public Works Department, advised the Zoning Division has released the hold because the applicants have applied for the variance; therefore, it is in agreement.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Resolution vacating public utility and drainage easement in Suntree Lakes, Phase II, as petitioned by William and Ellen Eells. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING TREASURE LANE ROAD PAVING
MSBU

Chairman Carlson called for the public hearing to consider an ordinance creating Treasure Lane Road Paving MSBU.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt an Ordinance of Brevard County, Florida; creating the Treasure Lane Road Paving Municipal Service Benefit Unit (MSBU); incorporating the terms
and provisions of Chapter 98, Article II, Code of Ordinances of Brevard County, Florida, entitled

"Municipal Service Benefit Unit", to authorize the acquisition and construction of certain capital improvements within such improvement area and the imposition of non ad valorem assessments within such improvement area; and providing an effective date. Motion carried and ordered unanimously.

REQUEST FOR DETERMINATION OF VESTED RIGHTS, RE: WILLIAM McMILLAN

Chairman Carlson called for the public hearing to consider request for determination of vested rights for William McMillan.

Assistant County Manager Peggy Busacca stated the applicant requested the item be continued to March 6, 2001.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Colon, to continue public hearing to consider request for vested rights determination to allow William McMillan to construct single-family residences on two abutting flag lots that consist of wetlands, to the March 6, 2001 meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST FOR CONSIDERATION OF APPEAL FROM RANDY
AND ELIZABETH ALPHA, RE: REIMBURSEMENT FOR FILL DIRT PURCHASED
FOR HOUSE PAD

Chairman Carlson called for the public hearing to consider appeal from Randy and Elizabeth Alpha for reimbursement for fill dirt purchased for house pad.

Planning and Zoning Director Mel Scott advised the item is a request for a $3,440 reimbursement; the property owner is stating that had he realized there were wetlands present on the site, he may have looked for a lot that he could have constructed a private lake on and used the fill from the lake for construction of the house pad. He stated the applicant received preliminary investigation from the Office of Natural Resources Management, which represented map investigations on whether or not there were wetlands on the property; and the earliest correspondence from such Office was that the map investigation did not uncover the presence of wetlands on the site; however, that representation was conditioned with additional information that advised the applicant that a private environmental consultant should go on the property to verify whether or not there are wetlands on the site. Mr. Scott stated the process the applicant then proceeded to use to get the private lake construction permit made it necessary to have a variance from a side setback; as part of the variance application, in reliance upon the map investigation, the applicant represented on the application that there were no wetlands; it is in the package represented as not applicable; and the variance was granted by the Office of

PUBLIC HEARING, RE: REQUEST FOR CONSIDERATION OF APPEAL FROM RANDY
AND ELIZABETH ALPHA, RE: REIMBURSEMENT FOR FILL DIRT PURCHASED
FOR HOUSE PAD

Natural Resources Management based on the form filled out by the applicant. He noted the applicant was also made aware of additional rules that would have to be followed in constructing the private lake, which included a prohibition on the excavating of wetlands for such purposes; the day after the variance was granted, a call was received by the Office of Natural Resources Management that wetlands were being excavated; the process was halted until such time as the wetlands could be replaced on site; when that was remedied, the house construction continued and has since been constructed; and the applicant is now wishing to get reimbursed for the fill cost.

Randy Alpha stated he did as Mr. Scott said; he has the statement from Office of Natural Resources Management that says there are no wetlands on the property; he knew Brevard County would be the agency that he had to deal with; and if it told him there were no wetlands on the property, he took it to be the truth. He stated the property lies in Flood Zone X; there is no water standing on the property; the lot is 300 feet deep by 160 feet wide; most of the residents in Windover Farms in Titusville dug their ponds and did not ask anybody; and he tried to do it the legal way. He stated he spent several thousands of dollars in additional backhoe work to replace the dirt; the pond was about one-third of the way dug; the neighbor that complained took down five large trees, buried them on the back of his property, and then complained that the property was becoming too high; and that is what brought Brevard County out to his property.

Chairman Carlson stated in the Board's packets is a letter dated December 14, 2000 from Mr. Alpha to staff, which reads: "I realize that all the correspondence from the County said that I should have obtained an environmental consultant to look at the lot. I did not do this for fear they might find a scrub jay or an endangered turtle." Chairman Carlson inquired why Mr. Alpha did not get an environmental consultant to the property as staff suggested. Mr. Alpha responded he was only concerned with wetlands; he is in the insurance business and had a lot of his customers tell him they had problems with protected turtles and scrub jays; and he did not want to open up a can of worms. Chairman Carlson inquired was that suggestion from the County staff based on the issue of wetlands; with Mr. Alpha responding when he read the letter that said it does not appear on two different maps and is in Flood Zone X, he thought there were no wetlands on the property.

Commissioner Higgs stated the memo faxed to Mr. Alpha on May 28, 2000 from Nanette Church said, "It is advisable to have a private environmental consultant out on site to be sure, as our Private Lakes Ordinance does not allow ponds within wetlands"; and inquired if Mr. Alpha received the letter; with Mr. Alpha responding affirmatively.

Commissioner Scarborough stated the applicant was advised that staff thought a private consultant should be hired; Mr. Alpha acknowledged he not only received the letter, but he

understood it; there was nothing staff said that was acted on in reliance of staff's statements that would give justification to this request; so he will move for denial.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to deny appeal from Randy and Elizabeth Alpha requesting reimbursement of $3,440 spent to purchase fill dirt for construction of a house pad.

Commissioner O'Brien stated the fax to Mr. Alpha from Nanette Church says, "I looked up Lot 173 for wetlands. Neither the national wetland inventory maps nor the United States Department of Agriculture (USDA) SES maps show wetlands on the property. It is advisable to have a private environmental consultant out on site to be sure. Our Private Lakes Ordinances does not allow ponds within wetlands." He noted the first sentence says there are no wetlands on Mr. Alpha's property according to all the maps; the County looked it up and found no wetlands; and if he was Mr. Alpha, he would not be concerned about digging his lake because there were no wetlands, and would move on.

Chairman Carlson stated the letter dated November 29, 2000 to Mr. Alpha reviews the County Code with him; it states, "The following is a chronological order of events involving the property listed above: 5/28/99: You requested a map review of the property for any environmental concerns and private lake information. You were faxed the Private Lake Ordinance and informed that the national wetland inventory maps did not indicate that there were any wetlands on the property. Staff also told you that there were wetlands in that area that were not mapped. Since time was an issue due to your closing date for the property, staff advised you to have an environmental consultant verify the presence or absence of wetlands since the Ordinance does not allow for private lakes within wetlands."

Assistant County Manager Stephen Peffer stated the information that was relied upon is based on a scale of the USGS topo maps which are 1 to 24,000; staff does the best job they can for applicants to try to advise them of any hazard or environmental issues that are present based on the best information they have; but the responsibility for correct information is that of the applicant; and in his opinion, Mr. Alpha supplied insufficient or inaccurate information when he said the wetland part was not applicable on the application. He noted in a case such as this, it takes a site specific inspection by someone knowledgeable to make the determination; it was not done in this case; Brevard County does not have specific information about every single lot in the County; it does the best it can, whether it be soils, national wetland inventory information, flood maps, and all those resources; but it cannot provide absolute assurance; and the responsibility resides with the applicant.

Mr. Alpha stated he was not told there were unmapped areas; he has a letter stating, "Staff also told you that there were wetlands in that area that were not mapped"; he was never told that; his research was done before he purchased the lot; and had he known he had a problem, he would

have purchased another lot. He noted May 28, 2000 was the date he requested the County to research the property for wetlands; and he closed on the lot in June, 2000.

Chairman Carlson stated the letter that was sent to Mr. Alpha was dated November 29, 2000, and inquired when did Mr. Alpha build his home; with Mr. Alpha responding the home was finished August 31, 2000. Mr. Alpha stated he had to wait until the house was completed as he did not want to bring up conflict while he was having inspectors come to the house.

Chairman Carlson called for a vote on the motion. Motion carried and ordered; Commissioner O'Brien voted nay.

Commissioner Scarborough stated the County needs to be careful when making statements that one needs to go beyond a certain point; it puts a person on notice that the writer felt there was no reason to do it; and when the County is doing things that people may rely on, it needs to go into greater detail and help people understand the significance.

Chairman Carlson stated the Agenda Report says, "Events outlined in this report have prompted the Office of Natural Resources Management to conduct site visits prior to the issuance of a private lake construction permit"; it does not include the current fee the County charges; and inquired is there a change when staff feels it is necessary to go out on some of these situations. Mr. Peffer responded it is providing a service for an individual, which they could also get in the private sector; the County is acting as a private consultant for that person; and right now they are not charged, which is not right.

Commissioner Higgs stated if the County is making the on-site visit, then it is making the determination of wetlands and taking on liability for it. Mr. Peffer advised the Office of Natural Resources Management staff is trained to delineate wetlands; and he is not sure what Commissioner Higgs means about the liability issue. Commissioner Higgs inquired if County staff happens to make a mistake in delineating the wetlands, an individual builds a structure, and a federal or State agency comes forward, is the County liable, along with the applicant or builder who put the structure there; and stated she is not sure the County wants to take that responsibility. Mr. Peffer responded the County would be providing more than just a service in that case; and could have some liability. Commissioner Higgs stated the County requires people in the development business to have their private consultants delineate the environmental features, and act accordingly; and inquired in a single-family situation, is situation, is the County doing that. Mr. Peffer responded this is a special situation where a variance was requested for a private lake; and the County is unable to do that in the case of single-family residences with the current staffing. He noted this particular situation is unfortunate and puts Mr. Alpha in a bad situation; the private lake variance is not requested that often and probably something the County can do on an occasional basis without adverse impact; however, it would justify a fee.

Commissioner Higgs stated it might justify doing it differently because the County should not assume that responsibility. Commissioner O'Brien stated Brevard County made the law concerning the creation of private lakes; therefore, it is responsible to send its inspectors out to see if there are wetlands or if the house or lake is being built in compliance; and it is the same way someone applies for a building permit, they pay for it, and the County sends staff to do the inspections. He noted the Board should not say it made a law, but the people have to hire their own consultants; Mr. Alpha is getting stuck with a bill for $3,500; the problem is being acknowledged that the County has a problem; but a citizen is getting the shaft because of it, which is why he voted against the motion. He reiterated if the Board is going to make laws, ordinances and rules, it is its responsibility to back them up; it is not the responsibility of private citizens to hire private consultants to check for wetlands; a person should have some reliance when he calls his government and asks if he has a problem; and Brevard County twice told Mr. Alpha he did not have a problem that it was aware of. Commissioner O'Brien noted to find out after the fact that the County could not read the information because of the size of the map is not Mr. Alpha's fault; and it is the County's fault for being unable to blow the map up to see it better or have another way of doing business.

Commissioner Higgs noted in building a house, there is a certain elevation; it is the responsibility of the builder or homeowner to shoot the elevation to know it is sited on the lot correctly; County staff does not say somebody needs to put the house in a certain area; and the individual has to comply with the rules. Commissioner O'Brien stated Mr. Alpha did that. Commissioner Higgs noted Commissioner O'Brien is incorrect in his characterization that in building things the County has to inspect it; and if she has to have something at a certain height above the crown of the road then she is responsible for the elevation and complying with the law, and not someone else. Commissioner O'Brien stated Mr. Alpha got the variance saying he wanted the lake in a certain place; and he received the permit to build the lake by saying it would be "x" amount of feet deep and long, and use the fill for the pad. Commissioner Higgs noted the permit Mr. Alpha received was from the variance to the side setback; and he did not get a variance to build in the wetlands. Commissioner O'Brien stated staff went to the property and determined there were wetlands; Mr. Alpha filled the lake back in; and to turn around and say the County cannot send staff to see whether or not there are wetlands would be inappropriate, as it has already done it.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve refund of $250 fee to Randy and Elizabeth Alpha. Motion carried and ordered; Commissioners Higgs and Colon voted nay.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to direct staff to provide a report to the Board on the additional cost for inspections of individual sites prior to issuance of private lake construction permits. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: APPROVAL OF CONSOLIDATED ACTION PLAN FOR
FY 2001-02 FOR CDBG, HOME, CBO AND CAA PROGRAMS

Chairman Carlson called for the public hearing to consider approval of the Consolidated Action Plan for FY 2001-02 for Community Development Block Grant (CDBG), HOME Investment Partnership, Community Based Organization (CBO), and Community Action Agency (CAA) Programs.

Assistant Housing and Human Services Director Gay Williams advised the public hearing is required in order to complete the Consolidated Action planning process; and the purpose is to receive public comment on funding priorities for the County's FY 2001-2002 CDBG and HOME prior to the development of funding recommendations, and to present a report of last year's CDBG and HOME accomplishments. She stated funding will be allocated to activities and projects approved by the Board in July, 2001, for submission to Housing and Urban Development (HUD); and no Board action is required today.

Chairman Carlson stated in her briefing with Don Lusk and Ms. Williams, they talked about the issues that the Board has discussed in the last couple of years in terms of consolidating the boards and things like that; Ms. Williams came up with a report card; the last page talks about the funding programs; Ms. Williams went through the Consolidated Action Plan and looked at the priorities set out through the communities input; and she categorized how those dollars are being spent by the CDBG, CBO and CAA Boards to see if they were meeting their objectives based on the Plan. She noted it is an interesting report card; it showed where the priorities were; and there are nine of them listed, but the Board may not have time to digest the information.

Assistant County Manager Don Lusk stated staff has an assignment to come back to the Board concerning what the Advisory Boards want to do in the way of pulling together or being separate; and staff can bring this information back at the same time.

Chairman Carlson stated Ms. Williams did a good job with her research; she shows the community development needs; she matched it against what the different boards were doing; and it requires some studying by the Commissioners, and discussion when the agenda item comes back.

Commissioner O'Brien stated it is a great report card that identifies how the funds are being allocated and spent. He stated the County needs other programs, especially to prevent drug abuse; hopefully it can take a close look at intervention programs that will help relieve overcrowding in the jail; and Brevard County needs to start considering whether it wants to participate in redirecting first time offenders into a program rather than in jail. He noted the more he reads about it, the more he becomes a firm believer that taking someone off the street, who is either selling or using heroin or some other drug, and putting them in jail is not going to help them; Brevard County needs rehabilitation programs for the drug abuse problem; if it can do that, it might find out instead of its jail being jammed to the walls with non-violent offenders, that it can reduce it considerably; and the CBO process can help do that.

Chairman Carlson stated when the agenda item comes back it will give the Board an opportunity to compare its strategic planning efforts and look at the Consolidated Action Plan to see if the County is doing justice to the community needs; and it will have plenty of opportunity to discuss that and give some priorities and additional direction to the boards, including looking at the potential of consolidation.

Clarence Rowe, President of Central Brevard National Association for the Advancement of Colored People (NAACP) stated Bernice Jackson and her staff have done an outstanding job; he concurs with Commissioner O'Brien that the County needs to look at serious plans for drug prevention; one of his first concerns in the Consolidated Plan is the CBO's contribution of $500,000; and the County contributes more than that to the Tax Abatement Program. He requested the Board review it and add the funds necessary to do the nine priorities considered; stated there was a move at one time to consolidate and there was talk about trying to get rid of some of the advisory board members because they did not like the makeup or how the monies were being spent; a plan cannot be operated with insufficient funds; and the County needs to ensure there are adequate funds and job opportunities that pay a decent wage so that people can become self sufficient. He noted he has a serious problem with the rental program; one lady asked him to support rental property in which there would be housing built and rented to the homeless; he told her he would not support such program; and inquired how does one rent something to the homeless. Mr. Rowe stated there was another lady looking forward to getting an endorsement toward her rental program for senior citizens; she showed him a nice well-structured place that was gated and had a security person there; he asked her why the units were not built in communities where there is a dire need; and told her when they set a rental fee that does not meet the low income level, it automatically discriminates against those individuals. He noted he does not know if people are attempting to manipulate or abuse the system, but the County needs to look into it; and consideration needs to be given to building facilities that are easily accessible to the people the County is trying to help. He stated the rent needs to be reasonable enough that people can afford it; requested staff come back with something to increase the funds so they would be sufficient; and advised every year there are more

applicants than there are funds. Mr. Rowe requested the Board and staff review rental assistance, housing, and the CAA and CBO to see if it can come up with sufficient funds; staff is doing a great job working with what they have; but what they have is not sufficient.

Barbara Whitley, representing Brevard Guardian Services, stated she served on the CAA Board last year and read a lot of the proposals; she came away heartsick because she knew there were many proposals that could not be funded; and there was not enough money, but the programs were good ones. She noted the staff does the best they can, but more funds are needed for programs; they do not want to shut the door on the grass roots people with their small programs; and perhaps the County could find an umbrella agency that some of the programs can go under to be nurtured and helped along in the community. She reiterated that more funds are needed and the County needs to support grass root programs that are going to be the hope for the future.

Commissioner Colon stated Representatives Michael Haridopolos, Bob Allen and Mitch Needleman will be meeting with the Board and staff to discuss the needs in Brevard County, including substance abuse, health services, employment training, and child care; they want to know how serious the County is in regard to putting dollars and cents to the programs; and she is excited about them doing that, which will be at the end of the month.

Chairman Carlson inquired what action is needed by the Board today; with Housing and Human Services Director Bernice Jackson responding today was an opportunity for the Board to make comments and receive public input.

PUBLIC HEARING, RE: REQUEST FOR VARIANCE FROM BREVARD COUNTY COASTAL
SETBACK LINE FOR FLORES DEL PLAYA, INC.

Chairman Carlson called for the public hearing to consider request for variance from Brevard County Coastal Setback Line for Flores Del Playa, Inc.

Doug Robertson, representing the applicant, stated the request is for a variance to Brevard County's 25-foot setback to the State-mandated Coastal Construction Setback Line; the County requires the setback, but some of the cities do not; and the applicant must provide certain information to address the criteria Brevard County has established regarding the variance request. He advised the property is located on a one-mile stretch of beach between Patrick Air Force Base to the north and Kay Park to the south, both federally-owned; the beaches to the north and south of the one-mile stretch are publicly-owned; hopefully there will not be any development on those portions of the beaches north and south of the one-mile stretch of beach; however, the portion of the beach that the property is located on is very developed. He stated the subject site is the only undeveloped portion of the one-mile stretch of beach; the buildings constructed along that stretch of beach are either at the State required Coastal Construction Setback Line or encroaching seaward of the Coastal Construction Setback Line; the one building that is currently under construction in the area applied for and received from the Board a 25-foot variance to the County's setback line; and they are also constructing their stormwater facility to the Coastal Construction Setback Line. Mr. Robertson advised the rationale for the request is that it is consistent with the neighbors to the north and south; and his client is asking only what the neighbors enjoy in the same area. He advised the Ordinance that governs the request sets up criteria and asks that the applicant provide information to the Board to answer three questions; it states, "The Board may grant the variance when the subject property has experienced less than 25 feet of beach erosion since 1972"; and the staff report indicates that this area has experienced no net erosion between 1972 and 2000. He stated the second criteria states, "The granting of the variance shall not be injurious to the adjacent properties"; the adjacent property to the north, Sandpiper Towers, encroaches not only past the 25-foot County setback, but well past the Coastal Construction Line that is there now; the property to the south, Ocean Residence North, is constructed to the Coastal Construction Setback Line; his applicant wants to be the same place his neighbors are; and it would not cause them any injurious harm to enjoy the same setback they do. Mr. Robertson stated the third criteria states, "The request cannot be contrary to the public interest"; everyone north and south of his applicant's property is setting back to the Line his applicant wants to set back to or encroaches past that line; in the event of a major storm, the building being constructed to modern Building Code requirements, wind load factors being considered, break away panels, and foundation would probably fair better than most of the buildings along that stretch of beach; and the request will result in a benefit to the public, as the applicant will repair the blowout. He noted there is currently a pedestrian path being used illegally across this property, which has eroded; the applicant will repair a small erosion in the area caused by a backlash; he will revegetate and enhance the vegetation along the dune line for the width of the property; and he will provide a public access to the beach, which is clearly needed as demonstrated by the continuing public traffic which is destroying vegetation on the dune line. Mr. Robertson noted granting the request would result in a public benefit; the applicant wants nothing more than to be enjoying the same setback as the neighbors; and requested the Board's support of the request.

Commissioner Higgs inquired has the applicant sought a variance on the west side of the property from the A1A setback; with Mr. Robertson responding negatively. Commissioner Higgs inquired is there any reason why the applicant could not investigate it; with Mr. Robertson responding the process is open to him, and with support of the Board, it may be something he can consider.

Kelly Moes, representing Ocean Residence Court Townhomes, stated she and her husband own property south of the property in question; she is a member of the Sea Turtle Preservation Society and a concerned citizen who wants to keep the beach areas healthy and minimize damage to the dunes and surrounding vegetation; and submitted a letter from her husband, which was faxed to the Commissioners yesterday. She advised Article 12 of the Coastal Construction Code, Section 62-4205, states that the intent of the Article is to partially prohibit the construction of major structures within the area seaward of the Coastal Setback Line; Subparagraph 5 of Section 62-4209, states, "The Board may grant a variance"; and Item b says, "Granting of the variance shall not be injurious to adjacent properties or contrary to public interest." She noted granting of the variance could impact her property to the south, as well as endanger the dune vegetation and turtle nesting sites in the area; and read portions of her husband's letter as follows: "A special interest regarding this property, there is a seawall bordering the north side of the property and a very healthy flourishing dune bordering the south side of the property"; and her husband is referring to their home at Ocean Residence, as the dune area there is in good shape, but eroding slowly over time. Ms. Moes stated she does not know about the reports Mr. Robertson presented saying there was no erosion, as she has seen it for years; the property that is requesting the variance does not have a well-defined dune line; to build on the property, particularly if given a variance, and not adhere to the 25-foot setback could cause erosion to the dune south of her property; and it would hurt her interests. She noted the developer would be making a major change to the dune system; and, at a minimum, a study should be conducted to assure that the changes would not have an adverse effect. Ms. Moes stated she and her husband, as well as other residents of Ocean Residence North, believe there are good reasons for the 25-foot setback, and the developer should be made to comply with established building guidelines; the applicant knew what the Coastal Construction Setback Guidelines were when he purchased the property; there would be an impact to the dune system and to turtle nesting sites where turtles lay eggs in the area, and possibly damage her property; and requested the Board deny the request for the variance.

Mary Ann Fielack, representing Ocean Residence North Homeowners Association, stated she and her husband's townhome is the first property south of the project in question; she opposes granting of the variance to building seaward of the Brevard County setback; and she has reviewed the County's regulations, which established the setback, and is familiar with the impact of natural and man-made stressers to beachfront areas. She noted when she and her husband considered the purchase of their townhome in 1999, they viewed it as an item in the pro-purchase column that the vacant properties to the north and south of the Ocean Residence Complex would be subject to the established Brevard County Coastal Setback; and any development of those properties would be with the acute attention to shoreline dune and surrounding property safeguards. Ms. Fielack stated they closed on the purchase of their townhome at the moment the mandatory evacuation of the Barrier Islands in preparation for Hurricane Floyd was announced; a few weeks later, Brevard County experienced the 30 plus hours stall of Hurricane Irene off the beaches; and in both circumstances, beach was lost and dune contour softened. She stated Floyd's waves and wind left sand and sea turtle eggs scattered halfway up their lawn area abutting the dune line; living on the shoreline, such events and after effects go with the territory; and nature both gives and takes away. She stated sometimes man can augment, such as the current beach renourishment project; unfortunately, the beachfront in discussion today will not be part of the beach renourishment or possibly any future renourishment project as an endangered seaworm dwells in the rocks immediately off the shore; however, at all times man can and should be good stewards of the shorelines and adhere to best practices and judgments in order to best protect the natural attraction and properties. Ms. Fielack stated the party requesting the variance mentioned that other individuals are out there, so their being out there will not be any problem; fortunately man learns and readjusts; and requested the Board attend to affording this stretch of shoreline the experience of least negative impact to the dunes, shorelines, and adjacent properties by not granting the variance.

Louis Fielack, representing Ocean Residence North Homeowners Association, stated he speaks in the absence of the President of the Homeowners Association for Sandpiper, which is the building to the north; due to the short nature of hearing about the variance request, the Sandpiper residents are unable to poll most of their owners; they request a postponement or tabling until such time as they can meet with counsel or get feedback from the group; and he has also been asked by the President of the South Patrick Residents Association to request the tabling, as his organization only became aware of the variance request this past Saturday. He advised his request and the request of his Homeowners Association is that the variance be denied; there is a 100% vote from the Association to ask for the denial; the residents depended on the Coastal Construction Setback Line that future building would not encroach upon; and the property to the south, which is now excavated, called Opal Seas, does not encroach on the 25-foot line. Mr. Fielack stated he does not know if Brevard County requires engineering studies as to the wind effect of buildings placed in conjunction with other buildings; other communities have a requirement that one cannot put a building next to another building that will cause adverse effects; and reiterated his request to deny the variance, and failing that, to table it for opportunity to talk to counsel.

Louis Pellitteri, stated he lives in Sandpiper Towers; the applicant purchased the property knowing the 25-foot setback was there; and he should live with it.

Mr. Robertson stated he finds it interesting that the property owners adjacent to his client's property that are already constructed to the point his applicant wants to build to have concerns with the request. He stated concerning changes to the dune line, when the project is complete, the dune line will be better; the applicant is willing to do whatever it takes to revegetate or reestablish the dune in any way that is legally possible; and he will take staff's input as to how to approach that.

Mr. Robertson stated the venteria or wind affect is a new one; there are buildings all over the beach built at different elevations; he does not know if it has been a problem or not; and he cannot address it, but given time he could learn more about what it means. He noted in a perfect world there probably would not be any development on the beach; but in this case, being the last parcel on this one-mile stretch of beach, trying to impose a standard that no one else has to bear is fundamentally unfair. Mr. Robertson stated there is a public interest being served by granting the variance which would be a public beach access that is not there now, and re-establishment of the beach; and the applicant's request is a legitimate one and makes him consistent with what everyone is now enjoying.

Chairman Carlson stated Mr. Robertson indicated that the proposed lot is the only one left in this particular area, but it is not the only lot that has conformed to the 25-foot County setback; with Section Supervisor Debbie Coles responding that is correct. Chairman Carlson stated it is important for the Board to look at the intent of the 25-foot setback; the reason it was applied is because of erosion, etc.; and it was also to be looked at from a site-by-site aspect. She stated this particular lot has a blowout, which needs restoration; and expressed concern that the Beach Renourishment Plan does not include this portion of the beach. She inquired how conservative does Brevard County need to be with the variances now that it knows it does not have potential dollars to help with erosion down the road in case there is an event that wipes out what beach there is.

Assistant County Manager Stephen Peffer stated the variance process allows the Board to take into consideration a variety of different things, but it provides limits by virtue of the erosion that is experienced and measured; in this particular case, it appears that this portion of the beach, based on the way it is measured, has not experienced erosion; however, if the Board reviews the aerials, it shows a slightly different story; and it is unfortunate there is that conflict. He advised staff measures from the toe of the dune; it is possible for a beach to actually erode without the toe of the dune changing that much; and that is the way the Ordinance was set up. He stated Mr. Robertson has made a good argument of being consistent with the location of other structures; but the County has learned a lot over the years and has seen the realities of beach erosion. Mr. Peffer stated the photograph was taken before Hurricanes Floyd and Irene, and he does not have a more recent one to show the Board; at the present time, the County does not have any assurance that this area of the beach will receive the benefit of sand; there are certain environmental hard bottom issues that are unresolved; and if the variance is granted, the Board should require the dune be reestablished in the location and a crossover be provided to help stop the blowout situation that is there.

Commissioner Scarborough stated this item is discretionary and says the Board "may" if all the criteria is met; it becomes a policy issue whether it wants to do this or not; and if one of the criteria is not met, then it cannot consider it.

Commissioner Higgs stated the profile of 1978 shows the top of the dune has moved back considerably; while the measurement at the toe may not have changed, the top has changed by 25 plus feet; and in the 1977 profile, the line for 2000 shows less sand on the beach than what existed in 1972, although when it is measured at the toe of the dune, there is not a considerable change shown. She stated the Board needs to look at the various parts of the dune structure to understand what may be going on; the applicant could setback from A1A to use the property; and the public interest is not served by allowing the variance.

Commissioner O'Brien stated the red lines on the map show an increase in the sand; it is higher and shows more sand than it was in 1992 or 1997; the South Patrick Residents Association and Sandpiper Towers requested the Board table the item to give them ample time to discuss it further with the developer; the Board has taken that into consideration before to see if there is a resolution to the problem; and he will move to table the item to March 6, 2001.

Motion by Commissioner O'Brien, to table public hearing to consider request for variance from Brevard County Coastal Setback Line for Flores Del Playa, Inc. to March 6, 2001. Motion died for lack of a second.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to deny request by Flores Del Playa, Inc. for a variance of 25 feet to the Brevard County Coastal Setback Line pursuant to Section 8 of Ordinance No. 85-17 or Chapter 62, Article XII, Section 62-4209, entitled Variances, of the Brevard County Code.

Commissioner O'Brien stated the applicant is not asking the County for anything beyond what anyone else has; and inquired if the County makes the applicant setback 25 feet would it be fair. He noted for that reason and not allowing the ability for the applicant to sit down with the neighbors and discuss it further, he cannot support the motion.

Chairman Carlson stated the County needs to look at potential extenuating circumstances, such as beach renourishment; it has approved variances along the beach, but this is one area it has not looked at since it has received word concerning the beach renourishment and where it is going; she is concerned that it exposes this area more than the County would like; and it is the Board's responsibility to be more conservative.

Commissioner Scarborough stated the fact that something was done differently at an earlier time could apply throughout everything the County does; he needs to see more to say why he is exercising the "may"; and that is why he supports the motion.

Commissioner O'Brien stated the rule was written by a previous commission; perhaps at that time they envisioned it differently; and inquired what would happen if the Board changed the word from "may" to "shall". Commissioner Scarborough noted he would look at it differently in that case.

Chairman Carlson called for a vote on the motion. Motion carried and ordered; Commissioner O'Brien voted nay.

Chairman Carlson stated she is interested in getting with the property owners and applicant to see if the applicant can use the property by using the A1A setback; there is flexibility; and perhaps they can come back with something that will work for the whole community. She noted this is a special case; and if the word "shall" were in there, the Board may be readdressing it because of the beach renourishment issue.

PERMISSION TO FILE PETITION FOR REVIEW WITH FLORIDA SUPREME COURT, RE:
STERLING v. BREVARD COUNTY

County Attorney Scott Knox recommended the Board petition the Florida Supreme Court to review the Fifth District Court of Appeals' decision requiring the placement of three Charter amendments on the ballot.

Chairman Carlson advised there is a letter from Dana Blickley, Brevard County Property Appraiser's Office, that talks about the total number of acres under government ownership; out of 827,000 acres in the County, 482,000 acres are government-owned, which is 58.31% and includes roads; and the roads may have been excluded when determining the number of acres the County owns. Attorney Knox advised the County owns the roads, so he does not know why they would be taken out. Chairman Carlson noted so they are all inclusive.

Martin Lamb stated there were three amendments, but the letter only addresses one amendment; and inquired is the County only appealing one amendment. He stated the amendment states something about tax-exempt government-owned lands as he remembers it being written in its original form; there is no mention of it in the subject matter before the Board; and it is an important part of the discussion and how the Board should move forward. He advised the tax exempt status was the basis for the argument; the concern was if his tax bill is $500 and 50% of the land is owned by government and is tax exempt, his bill is doubled inadvertently; and that was the concern that brought it forward.

Attorney Knox advised the answer to the first question is it would be all three amendments; he is asking the Board to consider a petition to the Supreme Court to have the Fifth District Court of Appeals' decision reviewed; the decision pertained to all three amendments; and the reason only one amendment is referenced is because it is an example of why it may be of some concern to the Board to get a review by the Supreme Court to get a determination on what the Fifth District said as being correct or incorrect. He noted as far as Mr. Lamb's recollection of the amendment language, the language he quoted is directly from the amendment.

Chairman Carlson requested Attorney Knox embellish the government land ownership amendment and what position it might put the Board in if it was put on the ballot and passed. Attorney Knox advised the example he gave in his memorandum as to why the Board may be concerned about the three amendments that the Fifth District has ordered placed on the ballot relates to the amendment that requires governments to be restricted to owning 45% of the land in Brevard County; the Property Appraiser ran some figures for him to determine how much the government currently owns; depending upon how one calculates it, if the sovereignty lands are included, which is not excluded under the proposed amendment, it could be anywhere from 48% to 58%; and the 45% threshold would mean no government in the County could own any more land, which would pose severe problems in terms of buying new school property, road right-of-way, new parks, and preservation lands. Attorney Knox stated the problem the Board faces if the amendment passes, is defending the amendment when a city, federal government, state government, or St. Johns River Water Management District says they do not believe it is valid and are going to sue the County. He stated Brevard County is in court at this time; the amendment is subject to review if the Supreme Court decides to review it; and it may be a good time to see if the Supreme Court would take up the issue of whether or not it is a valid amendment. He advised it has that discretion under the law; and there is case law from the Supreme Court saying it is proper to consider constitutionality of a proposed charter amendment before it is placed on the ballot, which is why he brought it to the Board to ask if it would like to petition the Supreme Court.

Commissioner Higgs stated the question was raised about tax-exempt government land; and inquired if all government lands are tax exempt. Attorney Knox responded he cannot think of any that are taxed; and virtually every piece of government-owned land in Brevard County is tax exempt. Chairman Carlson noted they are referring to tax-exempt lands owned by government, but used by non-profit organizations.

County Manager Tom Jenkins stated one example would be land owned by Port Canaveral and the improvements are taxed. Attorney Knox noted there may be some leaseholds that are taxed.

Mr. Lamb stated since the vote the Board is going to make today involve all three amendments and there is only an example of one, he would encourage the Board to request an explanation of the other two amendments.

Attorney Knox stated the Fifth District Court of Appeals ordered the Board to place the three proposals on the ballot; the propriety of how the proposals got before the splinter group of the Charter Review Commission, which passed the three amendments, was never litigated because the Circuit Court decided the issue was moot; that was the issue the Fifth District Court of Appeals was asked to review; and it not only reviewed that, but decided that the manner was properly adopted by the splinter group. He noted it did not have any record upon which to base that decision, in his view; it ordered the Board to adopt the amendments, which the Board cannot do by Charter; it ordered it to call a special election, which the Board cannot do by Charter; and it ordered the Board to place the amendments on the next General Election. He stated the law is clear, and the Board cannot be ordered by the Fifth District Court of Appeals, as there is no statutory or charter authority requiring the Board to do that. Attorney Knox stated the Fifth District Court of Appeals acted beyond its scope of authority; and that is what the Supreme Court should look at. Chairman Carlson requested Attorney Knox describe the other two amendments. Attorney Knox responded one amendment is a taxpayers bill of rights, which sets forth a laundry list of rights that a citizen of Brevard County would have; and the other amendment is a mini-Bert Harris Act, which adopts the same concept as the Bert Harris Act does, meaning if the Board passes any new regulations that impact the value of a piece of property, it would have to pay the diminished value of the property. He advised the Fifth District Court of Appeals also took it upon itself to decide the term limits amendment that was passed by the voters is retroactive; and the issue was brought before the Circuit Court, which ruled that term limits were valid, but avoided interpreting whether they were retroactive or prospective in application and said it would consider it at a proper time. He stated the Fifth District decided term limits were retroactive, and placed that language in its opinion without any basis for doing so; and it is another reason why the Supreme Court needs to look at it.

Mr. Lamb noted some of the facts Attorney Knox has said are inaccurate; and he will bring forth information and documents for the record.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to authorize the County Attorney's Office to file a petition for review with the Florida Supreme Court concerning Sterling v. Brevard County Case No. 5D00-578, regarding three Charter amendments proposed by the splinter group of the Charter Review Commission. Motion carried and ordered; Commissioner Colon voted nay.

DIRECTION, RE: ROAD PAVING MSBU FOR JASA ROAD

Commissioner Higgs stated there are a number of parcels on Jasa Road; the entire Road is unpaved; part of it is under an MSTU and the other part is under an MSBU; and there are five parcels, which trigger the 50% in the Agreement the County has with some of the property owners.

She inquired if 50% is defined as 50% of all the parcels, or 50% including the one that is not involved.

Commissioner Scarborough inquired does Commissioner Higgs have any direction she feels is prudent. Commissioner Higgs stated the County has an Agreement that says at 51% it would go forward with the MSBU; there are five parcels and if one was taken out, there is still only 50%, so the County has not hit the threshold; and it has an Agreement with property owners which should not be violated. She noted one of the property owners believes the County has an Agreement that says it will move forward in a much more expeditious manner, but option 2 is the proper way to go; and the Board may want to consider if it wants to go forward and do additional paving or stay with the Agreement it has, which is Option 2.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Option 2, to not create the road paving Municipal Service Benefit Unit (MSBU) for Jasa Road until an additional lot owner executes an unpaved road agreement. Motion carried and ordered unanimously.

STAFF REPORT, RE: RIVERINE FLOODPLAIN WITHIN BREVARD COUNTY

Commissioner Scarborough stated there was initial discussion about what one could build in the 25-year floodplain; and inquired how many total acres are within the 25-year floodplain; with Assistant County Manager Peggy Busacca responding staff does not have a complete estimate, but it is well over 100,000 acres. Commissioner Scarborough stated 100,000 acres could be impacted; as things begin to develop, such as roads, water, sewer and electricity, it changes the nature of the entire area; if the County drains in the dry period, it increases drought conditions; and it is premature at this point for the Board to take any action. He noted the Board needs to know the total amount of acres that would be impacted, including total parcels of property; the County needs to go to the 10-year floodplain and ask the same questions; and it may want to revisit the idea where someone is in an area and has a place that can be developed as opposed to a place that would require additional improvements to develop. Commissioner Scarborough stated there are two ways to develop; the County can go on its own volition and pave a road; it is probably not going to be paving too many roads in the 25-year floodplain; the Dirt Road Paving Ordinance allows for movement of building permits into areas; and perhaps the County could look at the issue as not only what the property owner does, but what he needs from the community to have a developable lot. He noted every lot in the 25-year floodplain is not a problem; to say there is 100,000 acres is not a good answer as a lot of it nobody would have a road out there to pull a building permit on; the County has places that may be in this area that it can readdress; and additional information is needed.

Commissioner O'Brien inquired how are the people being impacted in the 25-year floodplain, and does the County stop all development there or make a rule only one house per five acres. He stated it would still flood there; and inquired what other solutions does the County have and does it say in the 25-year floodplain that pole homes are allowed or upper residence designs only. He stated the Board needs to look at what route would be more appropriate; he does not like to see people's houses flooded out and their possessions lost because government did not say where someone wants to build a house there are serious problems; and there are solutions the Board can look at to solve some of the problems. Commissioner Scarborough stated his concern is not the house as it can be put on poles; the problem is when a road and ditch are put in; the road needs to be dry so someone can get out of the home in a disaster and emergency services can get there; and the ditch would not only drain the adjoining property, but would link to ditches that go further upland. He noted the County is draining the wetter lands and allowing the drainage of property that is higher up in the sand ridge; by drying out the lower areas more, it creates dryness in plant materials, which creates a fire hazard in upland properties and depletes shallow wells as a ditch will drain the ground water; there are ditches with water running in it because the ground water is seeping into the ditch; and the County is using ditches to drain ground water today. Commissioner O'Brien inquired would it be feasible to build small dams that could be opened and closed automatically to hold the water back so plants do not dry out and create a fire hazard. He noted federal and State grant monies may be available to the County to take care of that kind of situation.

Commissioner Higgs stated the Board needs to know what policies apply; the Comprehensive Plan, Ordinances and State and federal regulations delineate that clearly; and it would be helpful to know what the County should do. She stated the issues that come up are multiplied by the fact that the Board has adopted an Ordinance which allows different things in West Canaveral Groves than in other places; and the Board needs to repeal that Ordinance and have those properties under the same Ordinances that are applicable Countywide.

Commissioner Colon stated her concern is accepting applications, having applicants ready to speak to the Board, then telling them they cannot build; and inquired what can the Board do to stop the applications from coming in, or not have them come to the part of requesting zoning. She noted it is like leading the expectations of constituents to that point; and inquired what can be done to prevent that from happening again. Commissioner Scarborough stated he is not ready to vote for a moratorium on 100,000 acres; the impact is not as great as 100,000 acres, because a lot of the lands nobody could afford to build on; and after the memo comes, staff could tell the Board how it could affect a moratorium in the interim, and what is an intelligent basis for a moratorium. Commissioner Colon reiterated her concern on how the whole process went the other evening where citizens got to the point of coming before the Board and were denied and told they could not build in their location. Commissioner Higgs stated it happens when someone applies for a zoning change; it is the yes or no point; she does not disagree with minimizing those points at which the County knows what would happen; but everyone comes to the Board with a 50/50 chance of getting a yes or no.

County Manager Tom Jenkins stated staff can communicate to potential applicants in advance that this is an issue the Board is looking at, and give them fair warning. He noted to consider a moratorium, the Board has to have a defensible basis.

Chairman Carlson stated staff could look at the potential of urban boundaries in the 25-year floodplain areas, depending on the number of acres impacted and how it is delineated throughout the County. She stated the Board needs to also look at the service side of it, and make it difficult enough so if people are going to be out there, they are not going to impact it negatively, and they are not going to be impacted negatively. Commissioner Higgs noted staff needs to lay out the rules so the Board can revisit the issues, including the West Canaveral Groves area. Chairman Carlson stated the Board needs to review performance standards in the 25-year floodplain areas and look at how much it is going to service those areas. Commissioner Scarborough stated it is not only a concern to the Board, but Department of Environmental Regulation (DER) is concerned; the County is meeting with Henry Dean on the issues; and a lot of State agencies are concerned about the 25-year floodplain. Chairman Carlson stated it would be helpful to have the nonconforming lots of record and discussion of where the St. Johns River Water Management District sits as far as trying to purchase properties in the 25-year floodplain; and inquired how much time does staff need. Ms. Busacca responded she would provide the report before the 90-day tabling is over.

Commissioner Scarborough inquired when is the meeting with Mr. Dean; with Ms. Busacca responding February 28, 2001. Commissioner Scarborough stated he would like to get a draft of the report to Mr. Dean before he comes to the meeting.

AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF EMERGENCY
MANAGEMENT, RE: INSTALLATION OF HURRICANE SHUTTERS ON SCHOOLS
DESIGNATED AS HURRICANE EVACUATION SHELTERS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Agreement with Department of Community Affairs, Division of Emergency Management, to install hurricane shutters at Atlantis, Discovery, Enterprise, Meadowlane, Riviera, and Suntree Schools; and authorize the County Manager or his designee to sign the Agreement and any additional documents necessary to receive funding and implement the design and construction process to install the shutters. Motion carried and ordered unanimously.

DISCUSSION, RE: SCHOOL BOARD JOINT WORKSHOP

County Manager Tom Jenkins stated staff polled the Board and other County staff members to come up with a list of potential topics for the joint meeting with the School Board; the first topic was to establish a joint committee to seek solutions to traffic flow and capacity issues to access and park on school sites; there are a number of situations where parking is insufficient and vehicle pickup loops are inadequate, creating safety concerns for students and vehicles; and while some of this has been done on an informal basis, it was suggested to formally create a committee to add clout to the process and perhaps have meaningful outcomes. He noted the second issue is to explore joint cooperation with information/communication systems; he does not know if it needs to be at the Board level and may be able to be done at the staff level; therefore, he would suggest not pursuing that issue. He stated the next topic is the roll of education in economic development; and staff indicated the Board may want to include Lynda Weatherman in that discussion. He stated the next issue is redistricting and how it may be beneficial for both Boards to work together on such issue; and another topic is the issue of overcrowded schools.

Commissioner O'Brien inquired if Supervisor of Elections Fred Galey will be present at the meeting concerning redistricting; with Mr. Jenkins responding affirmatively. Mr. Jenkins advised the overcrowded school issue would be a School Board report on the status of overcrowding in schools similar to what the Orange County School Board did for Orange County government; and secondly would be coordinating rezoning actions which increase residential density in areas with school overcrowding and how to address those rezoning requests. He noted there would also be discussions on the issue of funding new schools and whether or not there is any need to do something in a joint manner, and that County staff be involved in coordinating and siting new schools.

Commissioner Colon stated she recommended the possibility of opening schools after school hours for use by organizations such as the Boys and Girls Clubs; and one of the biggest complaints she has received from the community is that taxpayers pay for the schools, and they should be able to use them.

Commissioner Higgs stated the first two items on the list can be handled by County staff and School Board staff without a joint meeting, as she is not sure what a joint discussion of those two topics would mean; the third item on the roll of economic development is an item that is important to the business community and everyone, but she is not sure it is a topic for a joint meeting; and if the School Board wants to be more involved in that issue, it should invite or be invited by the Economic Development Commission (EDC) for that discussion. She stated redistricting is going to need additional work before the Board meets with the School Board. She noted the fifth item concerns overcrowded schools, and is something the County should be concerned about, but significant work needs to be done prior to meeting on the issue; it is not a positive step if substantive work is not done; the Board needs to agree on a process; and there is a process outlined in the Charter. Commissioner Higgs stated the Board does not know how it is going to do it; and inquired until it knows that, how can it come to an accord with the School Board on how both Boards are going to do it. She noted concerning overcrowded schools, the Board needs an outline of what it wants to do, what it is willing to do, what is going to be its policy, and how it is going to incorporate it; and it is premature to sit down with the School Board until it makes those decisions. She stated regarding after school programs, she agrees with it in terms of joint use of facilities, but the School Board has strong policies already in place; but the Board can advocate that. She stated she does not see outlined before her a productive meeting between the two bodies; she wants the meeting to occur, but not without a lot of preliminary work; and the Board should not go with the agenda before it.

Commissioner O'Brien stated the School Board is not a financial partner with the EDC as the Board is; the School Board is a silent partner or a partner that has not been conversed with or conducted business with to see if it can become a stronger partner in the economic development part of Brevard County; it is important to discuss that issue; and there are broader issues where the School Board has an extremely important roll, but has been left out of the loop. He stated concerning school overcrowding, the Board authorizes the building of developments; and the County issues those permits, which have a direct effect on school overcrowding. Commissioner O'Brien inquired how can the Board work with the School Board to reduce the problems it may be creating. Commissioner O'Brien stated Parks and Recreation staff needs to be present to discuss future plans for the use of recreational facilities at all the schools; homeowners associations used to meet in public schools in the evening; and a lot of it has been cut out. He stated groups are looking for a place where they can meet; perhaps the Board can try to get the School Board to change its policy to facilitate the community at large; and there may be discussion about where is the common ground that the Board can meet with the School Board on a variety of issues, not just on land use, growth, and overcrowding of schools, but future schools placement and where roads might have to go.

Commissioner Colon stated it is a positive direction for the Board to be able to meet with the School Board; there are some new School Board members and a new superintendent; and she is looking forward to the meeting. She reiterated she feels strongly about opening the schools after hours; and the meeting is needed, but she does not want the same atmosphere as the meeting with the State representatives. She stated she hopes the meeting with the School Board is productive; educational development needs to be brought to the table; and the County needs to find out if there is some issues the School Board would like to discuss with the Board.

Chairman Carlson stated the plan is to have issues from both Boards brought together to see the commonalties and discuss them. Commissioner Higgs stated she wants the Board to agree on particular issues it is going to talk about; and the Board does not need to go to the meeting and say it wants an agreement with the School Board when the Commissioners cannot agree. Commissioner Scarborough noted it was a frustrating meeting with the Legislature; every time he has met with them he has had a greater appreciation of the problems they have in Tallahassee; they are going to have no money; Mr. Jenkins mentioned a $2 million cost this morning; and he understands why it is coming down the pike, as they have run out of money and are pushing it on the County. He stated the best way to solve one's problem is to understand the other person's problem; the best thing to do is know about it early on; and perhaps both Boards can help each other. Commissioner Scarborough noted the school location process is frustrating and has caused a great deal of problems; and the west connector is costing several million dollars because the schools were placed where they are rather than along Grissom Parkway.

Chairman Carlson stated both Boards can set policy and have flexibility in changing whatever policies they currently have if there is a problem; she agrees with the opening of schools for use by organizations, etc., but it is a policy issue which is principal-based management and leaves the decision up to a specific school; and it is a difficult issue that has been around for quite a long time, and had arguments pro and con. Chairman Carlson expressed concern with overcrowded schools and how the School Board would work with the Board in determining and understanding densities on the Future Land Use Map, and what is on the ground right now; and stated there may not be a good grasp of understanding from both sides. She stated it is an important topic that needs to be discussed; and the meeting may help pave the road to communication and better understanding of both Boards' issues.

Mr. Jenkins stated he would not use the workshop to do redistricting, but to find out if the School Board is willing to work with the Board to do a joint effort. He stated the next step is for he, the Superintendent, Chairman Carlson, and the Chairman of the School Board to get together and talk about both Boards' list.

Motion by Commissioner Scarborough, to authorize the County Manager and Chairman to meet with the Superintendent and Chairman of the School Board to discuss both agendas.

Commissioner Scarborough stated there may be two meetings, one to share problems and talk about where to go, and the second meeting to get more specific.

Mr. Jenkins stated both Boards could have some general discussion on some of the global issues; they can decide if they want to cooperate or not and deal with issues on a task-by-task basis; some issues can be done faster than others, but some are big and may require more time; and the two Boards can have a general meeting. He noted the School Board is empowered to site schools; it has to decide whether or not it cares to receive the Board's input; the School Board can choose to receive input or not; and it is ultimately going to make the decision. Commissioner Scarborough stated the Board can come to the table if the School Board is willing to let the County help with school siting; and it is willing to work with the School Board in looking at concurrency with school capacity. Mr. Jenkins noted it would be mutually beneficial.

Chairman Carlson stated it is to the Board's benefit as it is trying to look at the whole community versus the School Board looking at its own area. Mr. Jenkins stated the two staffs will get together and do issue papers on each topic; everyone will have them in advance; and both sides will have background information on the various topics. Chairman Carlson inquired when will the School Board discuss its topics of interest; with Mr. Jenkins responding he would suspect it is working on the list right now. Chairman Carlson inquired if Mr. Jenkins has enough direction from the Board; with Mr. Jenkins responding affirmatively.

Commissioner O'Brien suggested including the use of the SCAT system for creating schedules of buses to pass the high schools throughout the County, as a topic for discussion; stated a lot of high school students refuse to get on a school bus with little kids; such students will pay 50 cents to use a public bus; and perhaps the County can work with the School Board, which may reduce the need for some school buses.

RESOLUTION, RE: QUALIFYING TAX ABATEMENT APPLICATION FROM BONADENT
DENTAL LAB, AND AUTHORIZING ADVERTISING PUBLIC HEARING TO
CONSIDER AN EXEMPTION ORDINANCE

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution qualifying tax abatement application from Bonadent Dental Lab, and authorizing advertising a public hearing to consider an exemption ordinance. Motion carried and ordered; Commissioner Higgs voted nay.

Chairman Carlson inquired is the County going to receive the percent of abatement. Economic Development Director Greg Lugar responded the recommendation will go to the Economic Development Commission (EDC), which will provide the percent and number of years; and the County will calculate it, based on the preliminary assessment that comes from the Property Appraiser's Office.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution qualifying tax abatement application from Diamondback Manufacturing, Inc., and authorizing advertising a public hearing to consider an exemption ordinance.

Clarence Rowe, President of Central Brevard County National Association for the Advancement of Colored People (NAACP), stated in reference to the Application titled, "Brevard County Economic Development Ad Valorem Tax, Chapter 119" page 2, asks for the number of full-time employees in Florida; and requested consideration be given to change the word "Florida" to "Brevard County" for more substance. He noted the document appears to have some good benefits; however, he has concerns whether or not there are going to be environmental adverse impacts, and if people are going to be displaced; and bringing forth such information should be part of the tax abatement process. He stated the Company talks about providing on-the-job training in its house-training center, about hiring 10 to 12 people with incomes of $31,000 each; and his concerns with the tax abatement process is the diversity work force and affirmative action to ensure that Hispanics, African Americans and other minorities are given a fair share at job opportunities. Mr. Rowe noted he is not sure if that figure exists with the statistical information he has given the Board in the past in some of the Districts where unemployment is high and has been that way over a number of years; and it is not impacting those areas where people of low income, welfare recipients, etc. are supposed to be trying to make a decent living and becoming self-sufficient to be able to contribute to the economical base of the community.

He stated there is also concern in reference to the social and economical status of opportunities being presented to the citizens and taxpayers; and if the County does not have the expertise, it needs to hire those people to ensure that whatever it is doing is done in good faith, honesty, and integrity.

Commissioner O'Brien advised Diamondback Manufacturing, Inc. is a small boat manufacturing business located in West Cocoa; it is going to employee 10 new employees at $35,000 each per year; the facility is on Cox Road, which is close to a neighborhood with a high population of minorities; and the County hopes the Company will see that those people who live in close proximity of the facility and have the skills can be hired. He stated the Company may also expand in the future, creating further opportunities for good paying jobs with an average annual salary of $35,000 a year.

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

Commissioner Higgs stated both local businesses do a wonderful job; however, she is opposed to tax abatements philosophically.

Motion by Commissioner Scarborough, to direct staff to obtain both the Florida and Brevard data.

Chairman Carlson requested the motion include review of environmental impacts. Mr. Lugar advised after the Board approves the application, staff sends letters to the Office of Natural Resources Management and the County's permitting offices; if the company is in the city, staff sends letters to the city managers; three letters are sent to Department of Environmental Protection (DEP) in Orlando, as it is broken down into three divisions; and St. Johns River Water Management District is also contacted. He stated such agencies are asked if any records exist where the company has been in violation of environmental rules, laws or regulations. Chairman Carlson inquired where does staff indicate the results; with Mr. Lugar responding if there is a problem, he brings it to the Board's attention. Chairman Carlson inquired if staff attaches it to the agenda report or puts it in the context of the agenda item; with Mr. Lugar responding affirmatively. Mr. Lugar advised the County has only had one or two incidences where there were issues; in one incident, the Board included in the ordinance that the company would correct the problem, and on a year-to-year basis, the County would monitor it; and if it was not corrected, the Board could rescind the ordinance. Chairman Carlson inquired if the County did it with Sea Ray; with Mr. Jenkins responding affirmatively.

Commissioner Scarborough stated the Board may want information on whether or not there is utilization of hazardous materials and by products. Chairman Carlson stated the agenda reports include fiscal impact, vision statement, etc.; and staff could include environmental impact there.

Commissioner Scarborough reiterated his motion, to direct staff to obtain both the Florida and Brevard data; and staff include environmental impact information on agenda reports for tax abatement applications. Commissioner Colon seconded the motion. Chairman Carlson called for a vote on the motion. Motion carried and ordered unanimously.

Mr. Rowe stated the economical development objectives for the County is to focus on providing jobs and business opportunities for low and moderate income persons, day care facilities for employees, and transportation; it does not appear to be reaching the low-income or high- unemployment areas; the County needs to include those issues in the applications, including in-house training; African Americans in Brevard County make up approximately 7% to 8% and other minorities are less; and maybe they can be reached over a period of time to change the low-income poverty level and make people self-sufficient. He stated it is going to take additional funds to make those things happen; Brevard County cannot have people sitting around waiting on checks or handouts; they need to be self-sufficient and trained in order to qualify for jobs; and the County has a golden opportunity to do that.

Assistant County Manager Don Lusk stated there is a strategic planning committee that relates to a lot of what Mr. Rowe has mentioned; Linda South, Greg Lugar, Peggy Busacca, Lynda Weatherman, and he are looking in the target areas of Brevard County, unemployment rate, and Florida and Brevard statistics and comparing them to see what kinds of problems Brevard County has; the committee is compiling a list of programs and services it now has in those areas that would help with both business development, employment, and economic development; and it is looking at other programs that could be put in place in the communities to assist, if the committee finds there is a large problem as Mr. Rowe has indicated. He noted the committee is going to try to expand the community dialogue to find out what is going on; and Lynda Weatherman is going to meet with industries in the target areas to see what kind of assistance the EDC can give them in the way of employment and business development. Commissioner Scarborough stated the census data is basically of residential areas; and the County does not want to turn residential areas into industrial areas to have manufacturing jobs. He stated it involves multiple issues and is a multiple task problem. He noted if the County is to say one job is allowing someone to move up and it is impacting the unemployable, the barely employable, the working poor, or the mother who works two jobs and does not spend any time with her children, it needs to reflect that in the data that deals with the problem, as opposed to saying there is a job paying $31,000, as the person taking the $31,000 job may have been laid off from a job that paid $45,000. He stated he will not be comfortable until the County can reflect in the economic data what the jobs are impacting; and if the County finds a positive impact, it can further relax the idea of how it assists businesses with the abatement.

Chairman Carlson stated staff is working with the EDC, Workforce, community, and companies that are expanding in the vicinity of census tracts that have problems to create training programs, diversify training, and other educational mechanisms that the company is willing to venture into. Mr. Jenkins advised staff is specifically working on targeted areas to identify what the needs are and not to bring industry to targeted areas, but help the people who live in such areas to find the jobs, and if they need education or training in order to qualify for them. Commissioner Scarborough stated the manufacturer could use a van to transport employees; if the County has manufacturers who want to do that, he wants to reach out with the program more aggressively than the one bringing in high-tech because it answers a totally different problem that could make Brevard County richer in a different sense. He noted when the poor get employed, the County becomes richer overall.

PERSONAL APPEARANCE - PAUL HARBERT, PAUL'S DISPOSE-ALL, INC., RE:
PERMIT TO HAUL COMMERCIAL WASTE FROM SEA RAY BOATS ONLY

Paul Harbert, representing Paul's Dispose-All and Recycling, Inc., advised his business is family-owned and have been operating in the State of Florida for 13 years; he has been in the business for 30 years; they specialize in large factories roll-off service only; and they have been servicing a customer since 1983 that is in Brevard County. He noted they are in the process of servicing many of their customer's other plants and talking to their world headquarters in Knoxville, Tennessee; and requested the Board give his Company a chance with its existing customer. He advised his Company does things the big factories like and it works; there are safety issues involved; and requested a limited franchise to haul trash at the Sea Ray Boats factory only in Brevard County, as it does in other parts of the country. Mr. Harbert stated his Company does not have any deal with Sea Ray Boats at this time and is not allowed to speak to them until he gets approval for a limited franchise for that type of service; if the Board approves a limited franchise for hauling Sea Ray Boats' trash and recycables, his Company will move forward with the paperwork; his Company is now servicing and is franchised in seven counties in the State; and all it does is specialize in large factories. He noted his Company provides service in Flagler and Volusia Counties, which connect to Brevard County; Brevard has a wonderful facility with the recycling and garbage; it is a good opportunity to pursue the one main customer in Brevard County; and reiterated his Company services on a specialty basis. Mr. Harbert stated his Company can offer Sea Ray Boats something the larger companies cannot; his Company leaves a truck on site in case there is a fire at night in one of the dumpsters; and when making fiberglass boats, there is a resin that is made similar to gun powder; and it can cause fires. He noted if there is a fire, the load on the truck can be dumped to put the fire out; his Company has been recommended by other Sea Ray Boats' plants to the plant on Merritt Island; again, it cannot pursue it without the Board's permission; and reiterated his request for a limited franchise only for that particular factory, which includes Merritt Island, Sykes Creek and the new one at Canaveral.

Chairman Carlson inquired is Mr. Harbert primarily interested in the recycling of the waste wood from Sea Ray Boats. Mr. Harbert responded one cannot take the recycling without the trash hauling part as the dollars do not allow it; his Company recycles wire, cardboard, and wood; and recycling is a major issue with his Company. Chairman Carlson inquired does Sea Ray Boats separate what Mr. Harbert would want to pick up, or does Mr. Harbert feel it is necessary to pick up everything and he separates it because Sea Ray is not willing to do it. Mr. Harbert responded Sea Ray Boats is willing to do it, but it is tough; his Company separates little out of a steel box, cardboard box or a wire box; there is a lot of effort that goes into it; and Sea Ray Boats is a big plant.

Assistant County Manager Stephen Peffer clarified that the request is coming from the speaker and not from Sea Ray Boats; he spoke earlier with Attorney Leonard Spielvogel, who represents Sea Ray; and Mr. Spielvogel wanted to ensure the Board that Sea Ray is not making the request.

Euripides Rodriguez, Solid Waste Management Director, stated this franchise is exclusively for Waste Management at this time; and any other franchise the Board desires to open up might have an impact on the residential rates.

County Manager Tom Jenkins stated the Board has an Agreement currently which was negotiated; and a critical component of it is the commercial portion, which has a positive impact on the residential collection rate.

Commissioner Scarborough stated cherry picking in business is pulling out the most favorable element; staff has indicated if the Board allows someone to cherry pick, it will ultimately impact the residential rates; there is a lot more money going to one location doing one thing; and it could be opening up Pandora's box.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to deny request from Paul Harbert to have a limited franchise to haul commercial waste from Sea Ray Boats only, as it may have an impact on residential rates, because part of the Agreement with Western Waste includes commercial waste. Motion carried and ordered unanimously.

Chairman Carlson inquired if Waste Management can contract to do specific recycling efforts for commercial entities; with Mr. Rodriguez responding affirmatively. Chairman Carlson noted Mr. Harbert could talk to Waste Management to work out a deal because it would be a shame if it is all picked up and sent to the dump and not recycled.

SELECTION, RE: COMMISSIONER CARLSON TO REGIONAL MPO

Commissioner Scarborough stated Commissioner Carlson was selected as one of the three officers of the new Regional Metropolitan Planning Organization (MPO); she will be serving with Pat Northe and Mary Jane Harrington; and it is going to be beneficial. He noted Orange County comes in prepared; its comments and direction were overwhelming; Brevard County needs Transportation Planning Director Bob Kamm to spend time with the other people at the MPO and have a better game plan; and each of the counties came in with Legislative packages, but Orange County's package was adopted. Commissioner Scarborough stated Orange County has more staff who can spend more time on the issues; and Brevard County needs to get involved and work harder.

Chairman Carlson stated all three organizations had Legislative issues and brought them forward; they adopted some of Orange and Osceola Counties' issues; and Brevard County is trying to be careful, but made its comments well known.

ANNOUNCEMENT, RE: EXECUTIVE SESSION

Chairman Carlson advised the Board of the scheduled executive session after adjournment of this meeting.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 1:13 p.m.

ATTEST: __________________________________
SUSAN CARLSON, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
______________________
SCOTT ELLIS, CLERK

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