September 11, 2001

The Board of County Commissioners of Brevard County, Florida, met in regular session on September 11, 2001, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Susan 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 Commissioner Jackie Colon, District 5.

Commissioner Randy O'Brien led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve the Minutes of July 24, 2001 and July 31, 2001 Regular Meetings, and July 17, 2001 and August 16, 2001 Special Meetings. Motion carried and ordered unanimously.

REPORT, RE: RESCHEDULING OF WORKSHOP ON HOMELESS ISSUES

County Manager Tom Jenkins advised the September 18, 2001 Workshop on Homeless Issues has been rescheduled for October 18, 2001, due to the Jewish holiday of Rosh Hashanah.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve rescheduling the Workshop on Homeless Issues to October 18, 2001. Motion carried and ordered unanimously.

REPORT, RE: TROPICAL STORM

Commissioner O'Brien stated there is a tropical ripple that is expected to drop 50 inches of rain in South Florida and about six to eight inches of rain in Brevard County this week.

RESOLUTION, RE: PROCLAIMING HEALTHSOUTH SEA PINES REHABILITATION DAY

Commissioner Higgs read aloud a resolution proclaiming September 19, 2001 as Healthsouth Sea Pines Rehabilitation Day in Brevard County.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution proclaiming September 19, 2001 as Healthsouth Sea Pines Rehabilitation Day in Brevard County, and encouraging all citizens to renew their commitment to people with disabilities and to rehabilitative medicine that improves their quality of life, and to recognize the importance of building independence through rehabilitation. Motion carried and ordered unanimously.

Commissioner Higgs presented the Resolution to a representative of Healthsouth Sea Pines, who advised the County's friends and constituents come to them to receive therapy; and on behalf of everyone involved, he would like to thank the Board for the Resolution. He requested the Commissioners join them on September 19, 2001 for their Appreciation Day celebration. Commissioner O'Brien stated he went there for six months of therapy.

REPORT, RE: TOWN MEETING

Commissioner Colon advised her next town meeting will be on September 22, 2001, at 10:30 a.m. in Gleason Park.

REPORT, RE: IMPACT FEES

Chairman Carlson advised there have been questions regarding the change in the impact fee schedule and how it affects existing contracts; and inquired if Mr. Knox has any information to share with the Board to help clarify things.

County Attorney Scott Knox advised there is an Ordinance amendment warranted because the Board cannot pass laws that impair obligations of existing contracts; and because the Ordinance did not cover what happens to existing contracts at the time the Ordinance was passed, it needs to be amended. Commissioner Higgs stated the Board set it to be effective 90 days later and thought that would cover existing contracts; and inquired if it needs to further clarify; with Mr. Knox responding an amendment would avoid any problems.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the County Attorney to advertise a public hearing to consider an ordinance amending the Impact Fee Ordinance providing for existing contracts. Motion carried and ordered unanimously.

REPORT, RE: BOEING'S TOWNHALL MEETING IN CALIFORNIA

Chairman Carlson advised she was requested to join a contingent of community leaders organized by the Economic Development Council on behalf of the Boeing Company, to attend the Boeing Townhall Meeting in California for the benefit of Boeing employees looking to relocate to the Space Coast or Houston, Texas. She stated there are approximately 700 to 1,000 employees they will be talking to; and to her knowledge, all expenses for the trip will be paid for through the Economic Development Council via the Boeing Company; but if there is a chance that expenses arise which are not covered, she would like to have the Board's approval to seek reimbursement.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize payment of expenses not covered by the Economic Development Council for Chairman Carlson to travel to California with a contingent of community leaders on behalf of the Boeing Company. Motion carried and ordered unanimously.

Chairman Carlson stated it will be an interesting opportunity to go there and talk about the positive things that are going on in Brevard County and all the assets it has to offer in hopes of attracting those employees to the area; but a Houston group will also be making a presentation.

REPORT, RE: SHARK BITING ISSUES

Chairman Carlson advised a constituent inquired about the shark biting that is occurring on the Coast; the Fish and Wildlife Commission is having its second meeting to decide whether or not to have restrictions on feeding of sharks off the Coast; and he wanted to know if the Board was interested in getting involved with that by issuing a resolution. She inquired if the Board is interested in sending comments to the Fish and Wildlife Commission.

Commissioner Higgs stated the individual who wants the Board to consider it should ask for a personal appearance and bring the issues to the Board.

REPORT, RE: THE WORLD TRADE CENTER CRASHES

Commissioner Colon requested to be excused from the meeting because she just received notice that a plane hit the World Trade Center; and she was just there this weekend and has friends she needs to contact to be sure they are okay.

Chairman Carlson advised Commissioner Colon has been excused; the Board does not know what that is about; and maybe it can get an update later.

County Manager Tom Jenkins advised he just received word that two airplanes hit the top 20 plus floors of the World Trade Center and demolished those floors.

Commissioner Scarborough advised Commissioner Colon worked at the World Trade Center and still has friends who work in that building; and she is concerned about their safety.

*Commissioner Colon's absence was noted at this time.

REPORT, RE: GRANT WRITING ASSISTANCE

Chairman Carlson advised she received different memos from Management Services; one was about the new task that has been assigned to Greg Lugar; and that is grant writing assistance. She stated when the Board discussed grant writing last year, Mike Fitzgerald was assigned to assist in that effort; and requested a report on Mr. Fitzgerald's successes in getting grants for the County. Chairman Carlson stated she also received an August 31, 2001 listing of all the federal and State grants and what the County actually received; and requested an update on how successful Mr. Fitzgerald has been in grant writing efforts that he has been involved in.

Commissioner O'Brien stated the Board should know how many grants were garnered above and beyond what the County usually gets and grants Mr. Fitzgerald got that the County did not received before. Chairman Carlson also requested information on grants the County is not getting because it does not have the manpower to get them.

County Manager Tom Jenkins advised Mr. Fitzgerald recently left that position; he was the Contracts Administrator for the County and took grant writing on as an additional responsibility; it was not his sole function; but staff will get a report for the Board.

Commissioner Scarborough stated the Board needs to be cognizant that grants sometimes take matching funds and the ability to locate those funds; it is more than just writing the grants; and within each Department, there are people obtaining grants for the County. He stated it is a dynamic process and not just a matter of sending in grant applications and getting a check. Mr. Jenkins stated Brevard County is a large diverse organization and performs a variety of different functions; therefore, it has always used a decentralized approach to grants; and each Department has developed its own lines of communication, contacts, and expertise. He stated Parks and Recreation knows what is available in its area; if there are matching dollars available, they take advantage of it; and that is how it normally works throughout the organization. Mr. Jenkins advised Mr. Fitzgerald's role was to augment any missing links and assist Court Administration because it was looking for additional help a year or so ago.

Chairman Carlson stated she brought it up because of the different memos that came through her office, and because she understood some Departments and outside sources did not have the time or capability to go after certain grants. She stated she wants to get a full understanding of what those grant possibilities are and what the Board can do to get them, just as an overview of the status of grants. Commissioner Higgs requested a perspective of what grants are available from the federal and State governments be included because some of those have diminished as opportunities; and the Board needs to take that into consideration.

Commissioner Scarborough stated the State has shifted its rules and the County has shifted its rules; and the Board has to constantly tweak the process not only for grant writing, but the whole matter in which it views its future, structuring of its funding, and everything else. He stated it is more than getting someone to write grants because that will not answer the question.

Commissioner Higgs stated it may not be fair to evaluate in terms of gross dollars; it is hardly fair to say that staff might be at fault if State dollars have shifted the other way; so the Board needs to get the full picture.

Commissioner Scarborough stated the Board has been extremely successful with environmental lands because it had a funding source; the Board may find the grant dollars diminishing; and if it looks at gross grant dollars, it may say Mr. Fitzgerald has not done his job, when it was not his job to begin with. He stated total dollars should not be the primary issue.

Chairman Carlson stated she wants to understand the opportunities and make sure the County is not missing any grants because the Board took action to request it; Mr. Fitzgerald was the designated person to help out in that situation because the original thought was to get a full-time grant writer; then the Board learned about decentralization of the Departments and how they did it. She stated she just wants to make sure the County is covering all the bases.

PRESENTATION OF GFOA AWARD, RE: BUDGET OFFICE

County Manager Tom Jenkins advised the Government Finance Officers Association (GFOA) is a nonprofit professional association serving 13,000 government finance professionals throughout North America; the GFOA establishes accepted practices and standards in governmental accounting; and the Certificate of Recognition for Budget Preparation has been presented by the GFOA to those individuals who have been instrumental in their government unit achieving a Distinguished Budget Presentation Award. He stated the Distinguished Budget Presentation Award, which is the highest award in governmental budgeting, is presented to those government units whose budgets adhere to program standards; and that is a reflection of the hard work of all the individuals who prepare the budget. He recognized Budget Manager Dennis Rogero, Neil Boynton, Elizabeth Swanke, Jim Earnest, Anita Mays, Tim Hamilton, Pam Wallace, Jasmine Majeed, who transferred and is not with them anymore, Penny Christian, and Diane York, who retired from the Budget Office and was a key member of the staff for a number of years, and congratulated the Budget staff.

Chairman Carlson presented the award to the Budget Office staff.

Commissioner Scarborough inquired about the budget presentation on television; with Budget Manager Dennis Rogero responding it concentrates on service enhancements that the tentative budget funds for next year, including a safer community, increases to Parks and Recreation budget, increases in Library Services budget to fund new library openings and additional hours of operation, increases in Mosquito Control budget for a new helicopter, and a list of other items. Mr. Jenkins stated it is a 25-minute presentation with a long list to inform the public on what is in next year's proposed budget. He stated this Award is a reflection of not only the comprehensiveness of the budget but it has to have several elements; and they worked very hard to make the budget a performance-based budget where the public can understand what they get for their investment in tax dollars and the outcomes, and to make it user friendly. He stated it is a complicated subject, but they have tried to make it reader friendly for the public. Chairman Carlson inquired when is the presentation broadcast; with Mr. Rogero responding it is broadcast periodically and will continue. Mr. Rogero thanked Stockton Whitten for his leadership and guidance and various Departments for their assistance that made the award possible; and stated it is a team effort.

RESOLUTION, RE: RECOGNIZING VERONICA AUTREY

Commissioner Higgs recognized Al Pennell, Executive Director of Melbourne-Tillman Water Control District, and Veronica Autrey's daughter; stated Veronica served the Water Control District on its Board of Directors for 25 years; that is a tremendous service to the community; she had to retire due to her health; and it is extremely important to recognize that kind of dedication to the community. She read aloud the resolution recognizing Veronica Autrey.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution recognizing Veronica Autrey for her many years of dedicated service to the citizens of Brevard County as a member of the Melbourne-Tillman Water Control District Board of Directors. Motion carried and ordered unanimously.

Commissioner Higgs presented the Resolution to Ms. Autrey's daughter, who thanked the Board for the recognition and for allowing her mother to serve the community.

REPORT, RE: CONSENT AGENDA ITEMS

Chairman Carlson pulled Items III.A.5, III.A.6, III.A.8., III.A.9, III.A.11. and III.C.1 from the Consent Agenda, as requested by the public, to be heard after approval of the Consent Agenda.

Commissioner O'Brien advised Items III.A.1 through 4, and VI.A.2 through 5 total approximately 280 lots for development; the Board held up zoning on a lot of projects because of school overcrowding; and today it is about to approve plats that have not come before the Board for zoning. Commissioner Higgs stated they have already been zoned. Commissioner O'Brien inquired why is the Board holding up zoning but keeps approving developments; with Commissioner Higgs responding because it does not have a concurrency system, and the difference is monumental. She stated the zonings the Board approves are considered new possibilities for density; the plats are established and have already been zoned; to stop them would require a concurrency system, which the County does not have; and it takes all jurisdictions to establish a concurrency system. Commissioner O'Brien stated his concern is looking at 280 lots this week, 300 next week, etc.; and he wanted to bring that to the Board's attention. Commissioner Higgs stated that is why zoning is critical. Commissioner O'Brien stated one zoning application was to reduce density, but it was held up for a report from the School Board; and inquired how do the plats affix to the overcrowding of schools issue; with Chairman Carlson responding the Board has no legal control over that. County Attorney Scott Knox advised the Board has no control over it because the County does not have a concurrency system in place. Chairman Carlson stated the Board has nothing to back up denial of a site plan or plat. Commissioner O'Brien stated he is not saying yes or no, but is bringing it to the Board's attention to see if there is something it should do about it.

Commissioner Higgs stated the Board should move forward on the concept of concurrency; it has suggested to the fellow jurisdictions in Brevard County that the Board is looking at that; and it must have all of them in concurrence. She stated the State law needs to be changed to address those issues; but at this time, even within the Board's jurisdiction, it cannot proceed with concurrency for schools unless it has the concurrence of the rest of the jurisdictions in Brevard County. She stated the Board can do roads, water, sewer, garbage, and parks in the unincorporated area, but it cannot do concurrency on one of the most important things, which is schools. She stated she hopes the Delegation and the State will change the law in terms of concurrency so within the County boundaries and under the Board's control it has an opportunity to consider that; but in the interim, the Board does not have the power to do that. Commissioner O'Brien inquired if staff notifies the School Board if the projects are approved today; with Assistant County Manager Peggy Busacca responding the School Board is notified at the pre-application stage so it can become involved in the review if it wishes.

Chairman Carlson stated the School Board addresses overcrowding when students show up at the door; there are a lot of things that need to be dealt with, not just from the County's perspective; and the Board is waiting to get feedback from the School Board so it can move forward on the zoning issues, which hopefully will be forthcoming soon. Commissioner O'Brien stated the Board is concerned about school overcrowding; he wants to make sure the School Board knows about the projects; and rather than have the School Board involved at pre-planning, staff should notify it after the items are approved and developers have 12 months to draw their permits, so it will have a year's warning that there could be construction of 280 homes. Ms. Busacca responded staff can do that.

Chairman Carlson directed staff to notify the School Board of projects that are going forward.

PRELIMINARY PLAT APPROVAL, RE: THE VIERA PROMENADE

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant preliminary plat approval for The Viera Promenade, subject to not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: TROPICAL PARADISE SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant final engineering approval for Tropical Paradise Subdivision, subject to minor changes as applicable, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA NORTH PUD, PARCEL E-1, PHASE 2,
(SOMERVILLE SUBDIVISION)

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant final plat approval for Viera North PUD, Parcel E-1, Phase 2, (Somerville Subdivision), subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all required jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA PARCEL G-1, PHASE 5

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant final plat approval for Viera Parcel G-1, Phase 5, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all required jurisdictional permits. Motion carried and ordered unanimously.

WAIVER OF DEVELOPMENT REVIEW FEES, RE: THE WEINBERG CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to waive County development review fees for construction of an adult day care center by the Brevard Alzheimer's Foundation, to be known as The Weinberg Center. Motion carried and ordered unanimously.

APPOINTMENT OF NEGOTIATING COMMITTEE, RE: A. MAX BREWER MEMORIAL
CAUSEWAY BRIDGE REPLACEMENT PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to appoint Tom Jenkins, Scott Knox, and John Denninghoff or their designees to the Negotiating Committee for A. Max Brewer Memorial Causeway Bridge Replacement; and authorize negotiations with (1) Reynolds, Smith & Hills, Inc.; and if not successful, to negotiate with (2) Dyer, Riddle, Mills & Precourt, Inc., then (3) Post, Buckley, Schuh & Jernigan, Inc., and lastly (4) Baskerville & Donovan, Inc. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH SHUTTER OUTLET, RE: HURRICANE SHUTTER
INSTALLATION AT PORT ST. JOHN COMMUNITY CENTER AND CENTRAL
REFERENCE LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Change Order No. 1 with Shutter Outlet for installation of hurricane shutters at Port St. John Community Center and Central Reference Library. Motion carried and ordered unanimously.

ACCEPTANCE OF QUIT CLAIM DEED FROM BREVARD COUNTY SCHOOL BOARD,
RE: ROAD RIGHT-OF-WAY FOR INDIAN TRAIL (FAIRGLEN DRIVE)

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to accept a Quit Claim Deed from the School Board for road right-of-way for Indian Trail (Fairglen Drive) and accept maintenance responsibility for the roadway and drainage improvements within the Indian Trail corridor. Motion carried and ordered unanimously.

RESOLUTION AND MAINTENANCE MAP, RE: CERTIFYING GROVE BOULEVARD
AS A COUNTY ROAD

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution declaring a portion of Grove Boulevard depicted on the maintenance map as a dedicated public road, and approve the maintenance map. Motion carried and ordered unanimously.

RESOLUTION AND MAINTENANCE MAP, RE: CERTIFYING MITCHELL AVENUE IN
EAST MIMS AS A COUNTY ROAD

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution declaring a portion of Mitchell Avenue, depicted on the maintenance map as a dedicated public road, and approve the maintenance map. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENTS WITH CITIES OF MELBOURNE AND WEST MELBOURNE,
AND TOWN OF MALABAR, RE: COUNTY ADMINISTRATION OF STORMWATER UTILITIES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Interlocal Agreements with Cities of Melbourne and West Melbourne and Town of Malabar for County administration of stormwater utilities. Motion carried and ordered unanimously.

APPOINTMENTS, RE: MEMBERSHIP OF CDBG ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to appoint Wade A. Ivey and Yvonne Capers to the Community Development Block Grant Advisory Board, with terms expiring September 30, 2004. Motion carried and ordered unanimously.

RESOLUTION, RE: EXTENDING SUNSET PROVISION FOR BREVARD COUNTY
COMMISSION ON AGING

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution amending Resolution 2000-334, extending the sunset provision for Commission on Aging through December 31, 2001. Motion carried and ordered unanimously.

AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS, RE: PROGRAM GRANTS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with Department of Community Affairs for Weatherization Assistance Program, Low-Income Home Energy Assistance Program, and Low-Income Emergency Home Repair Program Grants; and authorize the Chairman to execute follow-up amendments or additions contingent upon Risk Management and County Attorney approval. Motion carried and ordered unanimously.

AGREEMENT WITH CIRCLES OF CARE, INC., RE: BAKER ACT SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with Circles of Care, Inc. for Baker Act Services for children and adults at $1,142,079, from October 1, 2001 through September 30, 2002. Motion carried and ordered unanimously.

AGREEMENT WITH HEALTH DEPARTMENT AND DENTAL SOCIETY, INC., RE:
ADULT DENTAL CLINIC

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with the Health Department and Dental Society, Inc. in an amount not to exceed $25,000 to provide adult dental clinic services from October 1, 2001 through September 30, 2002. Motion carried and ordered unanimously.

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

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with Medical Society, Inc. in an amount not to exceed $25,000 for the "We Care Program", from October 1, 2001 through September 30, 2002. Motion carried and ordered unanimously.

AGREEMENTS WITH SOUTH BREVARD HABITAT FOR HUMANITY AND SPACE COAST
HABITAT FOR HUMANITY, RE: LAND ACQUISITION FOR AFFORDABLE HOUSING

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreements with South Brevard Habitat for Humanity and Space Coast Habitat for Humanity in an amount not to exceed $50,000 each for land acquisition and sewage and utility installation, for a minimum of ten properties each. Motion carried and ordered unanimously.

AGREEMENT WITH COMMUNITY SERVICES COUNCIL OF BREVARD, INC., RE:
FUNDING FOR PROGRAMS AND SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with Community Services Council in the amount of $110,000 to provide Senior Nutrition Programs, Community Care and In-home Services Program, Senior's Assistance Program, and Caregiver Support Program, from October 1, 2001 through September 30, 2002. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD ALZHEIMER'S FOUNDATION, INC., RE: FUNDING
FOR PROGRAMS AND SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with Brevard Alzheimer's Foundation, Inc. in the amount of $47,250 to provide Adult Day Care Programs for the Elderly, In-home Respite Services, Guardianship Service, and Project Elder Services from October 1, 2001 through September 30, 2002. Motion carried and ordered unanimously.

AGREEMENT WITH CENTRAL BREVARD SHARING CENTER, RE: SUBSIDIZED
MEDICAL PRESCRIPTION ASSISTANCE

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with Central Brevard Sharing Center for subsidized medical prescription services from October 1, 2001 through September 30, 2002, at $20,000 from CDBG and $30,000 from CBO. Motion carried and ordered unanimously.

AGREEMENT WITH THE NATIONAL TECHNICAL ASSOCIATION, INC., RE: FUNDING
FOR TECHNICAL AND EDUCATIONAL ACTIVITIES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with The National Technical Association, Inc. to provide technical and educational activities at the Cocoa West Community Center from October 1, 2001 through September 30, 2002 at $58,000. Motion carried and ordered unanimously.

AGREEMENT WITH CHILD CARE ASSOCIATION OF BREVARD COUNTY, INC.,
RE: SUBSIDIZED CHILD CARE SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with Child Care Association of Brevard County, Inc. to subsidize child day care services from October 1, 2001 through September 30, 2002 at $59,000 from CDBG and $18,950 from CBO. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY
SERVICES, AND FULL-TIME POSITION, RE: LIBRARY SERVICES AND
TECHNOLOGY GRANT FOR FAMILY LITERACY PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with Florida Department of State, Division of Library Services, for a library services and technology grant of $80,949 for the Family Literacy Program, and approve a grant-funded part-time Staff Assistant III position. Motion carried and ordered unanimously.

APPLICATION TO FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY
SERVICES, RE: STATE AID TO LIBRARIES FOR FY 2001-02

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve application to Florida Department of State, Division of Library Services, for the State Aid to Libraries Grant for FY 2001-02. Motion carried and ordered unanimously.

AMENDMENT NO. 3 TO AGREEMENT WITH IVEY, HARRIS & WALLS, INC., RE:
DEVELOPMENT OF POW/MIA PARK

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Amendment No. 3 to Agreement with Ivey, Harris & Walls, Inc. for additional services in the amount of $9,500 for development of POW/MIA Park. Motion carried and ordered unanimously.

GRANT-IN-AID AGREEMENT WITH STATE COURTS ADMINISTRATOR, AND
AGREEMENT WITH CIRCLES OF CARE, RE: FUNDS FOR DRUG COURT
AND TREATMENT AND EDUCATION SERVICES TO DRUG COURT CLIENTS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Grant-in-Aid Agreement with State Courts Administrator for $360,000 to fund drug court, and Agreement with Circles of Care to provide treatment and education services to drug court clients. Motion carried and ordered unanimously.

AGREEMENTS WITH CONFLICT ATTORNEYS, RE: LEGAL REPRESENTATION OF
INDIGENT CLIENTS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreements with Daniel M. Balgo, Joseph D'Achille, Jr., Tony Hernandez, Kenneth A. Studstill, and Ronald L. Ecker, II for legal representation of indigent clients in conflict criminal and juvenile court proceedings, and Ernest L. Chang, Kepler Funk, Brian Onek, Keith Szachacz, and Kenneth Studstill as capital conflict attorneys to provide legal representation for indigent clients at a total cost of $548,700 from October 1, 2001 through September 30, 2002. Motion carried and ordered unanimously.

RESOLUTION, RE: AMENDING FINES AND FEES FOR ANIMAL SERVICES AND
ENFORCEMENT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution increasing fines for violations of the Animal Control Act, Chapter 14, Code of Ordinances of Brevard County, Florida, increasing fees for animal license tags, and increasing impoundment fee. Motion carried and ordered unanimously.

AGREEMENT WITH JANCY PET BURIAL SERVICE, RE: PICK-UP AND DISPOSAL
OF ANIMAL CARCASSES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with Jancy Pet Burial Service to pick up and dispose of animal carcasses from the North and South Brevard County Animal Shelters, Central Brevard Humane Society, Animal Emergency Clinics in South and Central Brevard, and Brevard County Animal Services and Enforcement Office, from October 1, 2001 through September 30, 2002, at $43,800. Motion carried and ordered unanimously.

WAIVER OF VIDEO TAPING FEES, RE: CREATING RECRUITMENT VIDEOS FOR
SCHOOL BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to waive video taping fees to create recruitment videos for Brevard County School Board. Motion carried and ordered unanimously.

ACCEPT RENEWAL OFFER FROM HEALTH FIRST HEALTH PLANS, INC., RE:
GROUP MEDICARE HMO PLAN

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to accept renewal offer from Health First Health Plans, Inc. at $130 premium for Group Medicare HMO Plan, effective January 1, 2002, subject to HCFA approval. Motion carried and ordered unanimously.

APPROVAL, RE: CASUALTY INSURANCE PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve placement of Public Agency Multi-class Liability (General Liability), Designated Wrongful Employment Practices Coverage, and Employee Benefits Error and Omissions Liability Coverage through Florida Association of Counties Trust (FACT), effective October 1, 2001. Motion carried and ordered unanimously.

APPOINTMENT, RE: ANIMAL SERVICES AND ENFORCEMENT DIRECTOR

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to confirm the appointment of Randy Jackson as the Director of the Animal Services and Enforcement Department. Motion carried and ordered unanimously.

RESOLUTION, RE: CREATING FEES FOR REVIEW AND PROCESSING OF SITE PLANS,
SUBDIVISIONS, AND OCCUPATIONAL LICENSES BY ENVIRONMENTAL HEALTH

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution creating fees for review and processing of site plans, subdivision plats, and occupational licenses by Environmental Health Services. Motion carried and ordered unanimously.

REJECT SETTLEMENT OFFER, RE: NATIONAL ADVERTISING v. BREVARD COUNTY,
AND GREEN v. BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to reject the settlement offers in National Advertising v. Brevard County and Green v. Brevard County, and authorize the County Attorney to pursue injunctive relief to require removal of the billboard that is subject of the Green case. Motion carried and ordered unanimously.

APPROVAL TO SCHEDULE EXECUTIVE SESSION, RE: BREVARD COUNTY v.
KABBOORD PROPERTIES, INC.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the County Attorney to advertise and schedule an executive session on October 2, 2001, at 11:30 a.m. or as soon thereafter as possible, to discuss strategy relating to Brevard County v. Kabboord Properties, Inc. Motion carried and ordered unanimously.

AUTHORIZATION TO DISMISS, RE: BREVARD COUNTY v. PETER G. JONES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the County Attorney to voluntarily dismiss the Brevard County v. Peter G. Jones case. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCES CREATING
UNIFORM APPEALS PROCEDURE, AND REPEALING EXISTING APPEALS PROCEDURES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant permission to advertise public hearings to consider ordinances creating uniform appeals procedure and repealing existing appeals procedure. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: UNCLAIMED FUNDS FROM CLERK'S OFFICE

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to acknowledge receipt of unclaimed funds in the amount of $34,121.61 from the Clerk of the Circuit and County Courts. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD CULTURAL ALLIANCE, INC., RE: 2001-02 COMMUNITY
GRANTS PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with Brevard Cultural Alliance, Inc. to administer the County Community Grants Program, Art and Cultural Programs, Art in Public Places, and Temporary Arts Exhibits for various County facilities, for $186,249.92. Motion carried and ordered unanimously.

APPOINTMENT, RE: CITIZEN ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to appoint Joseph Steckler to the Brevard Commission on Aging, replacing Clement Hicklen, with term expiring September 30, 2004. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

RESOLUTIONS, RE: REVISING SCHEDULES OF FEES AND CHARGES FOR
DEVELOPMENT APPLICATION REVIEW, CONTRACTOR LICENSING,
OCCUPATIONAL LICENSE, PLANNING AND ZONING SERVICES; AND MAP
REPRODUCTION AND FLOOD ZONE PRODUCTS AND SERVICES

Dave Armstrong, President of Home Builders and Contractors Association and owner of Armstrong Custom Homes, advised Brevard County has a mission for quality of life; and they are concerned about free enterprise with reasonable regulations, and the Board's view on growth, bigger government, and larger taxes concentrated on a particular industry. He inquired how much can the building and development industry stand; how high will taxes and fees go up before they hit the wall; and due to overcrowding issues and bringing in new industry, are they stifling themselves by the fees, both impact and regulatory. He stated the Economic Development Council has worked tirelessly to promote Brevard County throughout the country, and has done an extremely good job, talking about the sun, surf, open space, and opportunities to build a great family and future; and inquired at what point do they tell the industries there are no affordable housing, or much worse, there is a moratorium on land they purchased. He stated Brevard County's construction industry currently employs 11,200 workers, according to the data from the Florida Bureau of Labor Statistics dated June, 2001; the industry directly employs almost 6% of the County's local non-agricultural employees; the importance of the construction industry is substantially greater than its direct effect on employment; and the reason is because construction has a large downstream of 12% or 22,000 jobs and over $1 billion in activity. Mr. Armstrong stated the news report said the only thing holding the economy together is consumer spending; although disturbing things have happened to the economy across the nation, he is constantly reminded by staff and the County that they have been residual to the way the nation goes; and he believes that, but not forever. He requested the Board be sensible by not impacting the thriving economy in the midst of a national slowdown. He stated Commissioner Carlson was involved in a study about Brevard's healthy future; and read an excerpt from the newspaper, as follows: "Unfortunately, they have discovered that the population is getting older and poorer." Mr. Armstrong advised the Board has not generated a lot of reasons for younger people to stay here; if the tax base is shrinking, it makes sense to bring in industry and employees to strengthen that base; and that is what the Economic Development Council is trying to do. He inquired how can they expect to lure lucrative companies to Brevard County and tell them their employees will have to live elsewhere. He stated companies do not make decisions overnight; it takes years of planning to make decisions to move; and inquired how far in the future will Brevard County suffer if the shortsightedness and quick fix solutions affect those companies' decisions; and how will all the taxes and fees today play out for the future. He stated he understands the thoughts that pertain to government regulations; they have allowed the Board and its staff to author the future of Brevard County; the excessive taxes on commercial, industrial, and residential building across-the-board will exceed 50% increase; and that needs to be justified, budgeted, and phased in reasonably. Mr. Armstrong stated the increases need to be from a broad-based source, one that is not tied to the economy; and it needs to be bondable to assure proper growth and support for schools, libraries, roads, and public services and to develop a superstructure. He stated home builders, contractors, developers, and all the people in the home business are in agreement with taxes and fees that are not directed just at one industry; and inquired if the industry crumbles, where will the Board go next.

Chairman Carlson inquired if Mr. Armstrong has specifics other than pulling the associated fee schedules that are being considered for increases; with Mr. Armstrong responding he attended the budget meetings where the Board asked all Departments to be free-standing and that their fees support their activities and not draw on general funds. Chairman Carlson inquired if Mr. Armstrong understands the process the Board went through before asking for those increases; with Mr. Armstrong responding he understands the process. Chairman Carlson advised the Board asked staff to look at other communities to see what they were charging compared to what Brevard County is charging; there was competition; and Brevard County wants to make sure it attracts good business, whether it is the building industry or other types, and to provide a competitive environment so it does not draw from the bottom of the barrel. She stated the Board is trying to make sure growth pays for itself to some degree; and it may appear that it is targeting the building industry, but it is trying to look at it as a broad-based scenario.

Commissioner O'Brien stated a resolution under item III.A.5. establishing fees and charges for sign applications and permits has billboards at $210; and he would like to change that to $2,000. He suggested temporary sign applications remain at $25, the penalty for temporary signs without permits be increased to $200, and the fee to change a sign be $10.

County Attorney Scott Knox advised in passing fees, the Board has to ensure the fees have some relationship to the cost of administering the program; so it needs to have some basis to justify $2,000 for permitting billboards.

Commissioner Scarborough stated fees are based on the cost to operate; and he would second a motion to table if Commissioner O'Brien wants additional information on billboards. Commissioner O'Brien stated the Board is in litigation on two billboards; there will be more litigation in the future; billboards are expensive to the taxpayers; and it would be a funding mechanism to right that wrong. Commissioner Scarborough inquired if Commissioner O'Brien wants to table the resolution dealing with signs and have staff return with a cost analysis.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to table resolution revising a schedule of fees and charges for sign application and permits, site plan applications, and subdivision applications until October 2, 2001.

Chairman Carlson inquired if the Board can use the litigiousness of a particular element for the basis of a fee; with Mr. Knox responding he cannot say without further research. Chairman Carlson recommended Mr. Knox research the issue and provide the Board with some feedback when the item returns. Commissioner O'Brien stated the taxpayers should not pick up the tab on litigation regarding billboards.

Commissioner Higgs advised the Board is considering increases to Land Development review and Planning and Zoning fees; and requested staff explain when the fees were last increased.

Land Development Director Bruce Moia advised there was one increase for development review of 5% about three years ago; and before that, it was last increased in 1991. Commissioner Higgs stated the Board established a sense of how much it would cost to support the Land Development Division based on fees; and requested Mr. Moia elaborate on that and how the resolution brings the Board to the point of funding the Division that reviews development activities. Mr. Moia advised the fees they collect for development review provide about 50% of the funding of their budget; they took that fee, depending on how many development projects they processed and determined what it would take to get to 100% funding; and they went midway of those fees. He stated if the fees are adopted as proposed, they would be funded 67% by fees. Commissioner Higgs stated the Board's concept is to look at those fees again next year for additional support of Departments' activities through fee-based funding.

Commissioner Higgs advised the Planning and Zoning Department has suggested its fees be raised; and requested staff explain what percentage the Department's activities, such as zoning, development applications, Comprehensive Plan issues, etc. would be supported by fees.

Planning and Zoning Director Mel Scott advised with the proposed fee increases, they would be supporting about 50% of their zoning effort. Commissioner Higgs inquired when were the fees changed; with Mr. Scott responding two years ago the Board passed a resolution which set in place fee increases every year for four years; that has occurred for two years; and prior to that it was about five years before fees were visited.

Commissioner Higgs advised the important point is that both departments are still supported in part by the General Fund; the public has an interest in being sure those activities are monitored and development is done appropriately, but a larger percentage will be supported by fees that are involved in the resolutions; and that is appropriate.

Commissioner Scarborough advised there is a motion on the floor; and inquired if the Board could take a vote on that. Chairman Carlson stated the motion is to table the second resolution under Item III.A.5. regarding fees for signs. Commissioner Higgs recommended tabling the items that Commissioner O'Brien referenced, approving the remainder of the resolution, and bringing those items back at a later meeting. Commissioner O'Brien stated those are items a, c, d, and f of the resolution.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to withdraw the motion to table, and to adopt Resolution revising schedule of fees and charges for development review of applications for residential driveway construction, storm sewer construction, stormwater discharge, sidewalk construction, site plans, preliminary and final plats, etc.; adopt Resolution revising schedule of fees and charges for sign application and permits, site plan applications, and subdivision applications, except Section 2.1(1)(a) (c) (d) and (f); table Section 2.1(1)(a) (c) (d) and (f) until October 2, 2001; and direct staff to return with cost analysis. Motion carried and ordered unanimously.

Commissioner Scarborough stated Brevard County is at the crossroads as to what is going to work; last week Boeing came in and another company is moving in; he did not hear a lot of discussion about where there are affordable houses; most places in the country cost twice as much to live; so Brevard County is an affordable place tax-wise and everything else. He stated the County gives $750,000 to Economic Development Council; it does not have impact fees for industrial developments; and it abates taxes for industry. He stated a Boeing employee does not make decisions regarding where is the cheaper place to live, whether it is here or Austin, Texas; that is not the issue; the issue is whether Brevard County is a viable county that is providing the infrastructure and amenities those people want; and failing to do that is the real failure of the County. He stated for builders to assume their fair share of the cost is appropriate, so he will move to approve the remaining fee increases.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution amending Contractor Licensing fees to be charged for examination and licensing of journeymen, masters, and contractors, establishing fees for framing/carpentry contractor, excavation contractor, masonry contractor, and swimming pool finishing subcontractor/contractor; Resolution establishing fees for review and inspection of occupational license applications; Resolution amending fees and charges for services provided by the Planning and Zoning Office; and Resolution revising fees for map reproduction and flood zone products and services. Motion carried and ordered unanimously.

Commissioner Higgs advised Entrepreneurial Magazine ranks Brevard County 7th in the nation for entrepreneurial starts in small and mid-size communities; that speaks volumes in terms of what businesses are able to do; and it would be misleading for anyone to think Brevard County is not a good place strategically for small businesses in particular. She stated Brevard County is in a good position in terms of entrepreneurial activity; it is rated very well; but there is tremendous concern in terms of quality of life issues; and that is where the Board needs to place its emphasis.

Commissioner Scarborough stated in conversations, Boeing representatives indicated concern about schools, parks, soccer fields, and things of that nature, and did not ask if it is inexpensive; they know it is inexpensive; but the question is whether or not it is junk; and Brevard County cannot deliver junk and compete with the cream of the crop.

ANNOUNCEMENT, RE: WORLD TRADE CENTER EVENT

Chairman Carlson advised there have been developments of national significance, one of which Commissioner Colon was excused for; an airplane collided with the World Trade Center; and there is something else that the Commissioners need to be briefed on; so at this time, she will call for a five-minute recess.

The meeting recessed at 9:55 a.m., and reconvened at 10:20 a.m.

Chairman Carlson advised the Board received an update on an issue of national significance, which many people already understand has occurred; there were an explosion and airplane incident at the World Trade Center causing much loss of life; she believes there was a bomb at the Pentagon and other things that are developing; so at this time she would like to have a moment of silence for those who have lost their lives in the two events.

A moment of silence was observed by the Board and audience.

Chairman Carlson stated based on the events, the Board will take just the essential items and postpone the rest of the Agenda; and asked Mr. Jenkins to identify those items that could be postponed.

County Manager Tom Jenkins advised Items IV.A, IV.B., IV.C., IV.D., IV.F., IV.G., and IV.H. can be continued until October 2, 2001.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to continue the public hearings on: (IV.A) Resolution Increasing Medical Examiner's Fees; (IV.B.) Ordinance Amending Section 62-2883, Requirements for Perimeter Buffering of Residential Subdivisions; (IV.C.) Ordinance Revising Section 62-2808, Certificate of Ownership (Title Opinion) for Subdivision at Construction Plans and Preliminary Plat Review Submittal; (IV.D.) Ordinance Amending Chapter 22, Contractors Licensing; (IV.F.) Ordinance Amending Chapter 62, Sections 62-1102, 62-1344, 62-1481, and 62-1837.1, Learning Centers (First Reading); (IV.G.) Ordinance Amending Chapter 62, Article VII, Division 5, Section 62-3000, Standards for Open Space Subdivisions; and (IV.H.) Request for Determination of Vested Rights from George and Barbara Ogle (District 2). Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, SECTIONS 62-4902,
62-4903, 62-4915, 62-4952, 62-4953, 62-4955, 62-4957, 62-4962, 62-4963, 62-4964,
62-4991, AND 62-5142, ADULT ENTERTAINMENT

Chairman Carlson called for the public hearing to consider an Ordinance amending Chapter 62, and various Sections of the Code relating to adult entertainment.

County Attorney Scott Knox advised the changes to the Adult Entertainment Ordinance need to be adopted before September 22, 2001.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt an Ordinance amending Chapter 62, Article XV, Adult Entertainment Code, Code of Ordinances of Brevard County, Florida; specifically amending Section 62-4902 to delete definition of principal stockholder and amending definition of specified criminal act; amending Section 62-4903 pertaining to civil damages and attorneys' fees; amending Section 62-4915 pertaining to public health requirements; amending Section 62-4917 pertaining to signs; amending Section 62-4952 pertaining to disqualification from licensure; amending Section 62-4953 pertaining to information required on application; amending Section 62-4955 pertaining to application review process; amending Section 62-4957 fees; repealing Section 62-4962 records and consent to regulation; amending Section 62-4963 pertaining to suspension and revocation of license; creating Section 62-4964 pertaining to suspension and revocation proceedings; amending Section 62-4991 pertaining to records and reporting; amending Section 62-5142 providing for owner responsibility; providing an application period for existing establishments; providing for renaming of Departments; providing for resolution of conflicting provisions; providing for severability; and providing an effective date. Motion carried and ordered unanimously.

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

County Manager Tom Jenkins requested direction from the Board regarding the request for variance from Flores Del Playa, Inc.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to continue the public hearing on a request from Flores Del Playa, Inc. for variance to the Brevard County Coastal Setback Line until October 2, 2001. Motion carried and ordered unanimously.

Commissioner O'Brien advised the Agenda Report says the applicant withdrew the request.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to reconsider the request from Flores Del Playa, Inc. for a variance to the Brevard County Coastal Setback Line. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to accept withdrawal of the request from Flores Del Playa, Inc. for a variance to the Brevard County Coastal Setback Line. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING CITIZEN BUDGET REVIEW COMMITTEE

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table resolution revising the Citizen Budget Review Committee until October 2, 2001. Motion carried and ordered unanimously.

DISCUSSION, RE: JAIL FORENSIC SERVICES INTERIM REPORT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table report on the Jail Forensic Services until October 2, 2001. Motion carried and ordered unanimously.

FLAG LOT CREATION, RE: SAVANNAH OAKS

Assistant County Manager Peggy Busacca advised Mr. Williams is here to request approval of his flag lot, which is located in the northernmost area and would not impact the Board's decision on the other lots.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve one flag lot for Mr. Williams, and table the remaining flag lot creation in Savannah Oaks until October 2, 2001. Motion carried and ordered unanimously.

PRESENTATION, RE: BREVARD TOMORROW

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table presentation of Brevard Tomorrow until October 2, 2001. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: CROWN STREET

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table the speed hump request for Crown Street until October 2, 2001. Motion carried and ordered unanimously.

INFRASTRUCTURE CONTRACT, RE: SUNSET LAKES, PHASE IX

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Infrastructure Contract with Deerfield Groves Partnership guaranteeing infrastructure improvements in Sunset Lakes, Phase IX. Motion carried and ordered unanimously.

INFRASTRUCTURE CONTRACT, RE: SUNSET LAKES, PHASE X

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Infrastructure Contract with Deerfield Groves Partnership guaranteeing infrastructure improvements in Sunset Lakes, Phase X. Motion carried and ordered unanimously.

ESCROW AGREEMENT, RE: GRAND HAVEN, PHASE 2

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Escrow Agreement with Pineda Partners, L.L.C. and Colonial Bank guaranteeing improvements in Grand Haven Subdivision, Phase 2. Motion carried and ordered unanimously.

ESCROW AGREEMENT, RE: GRAND HAVEN, PHASE 3

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Escrow Agreement with Pineda Partners, L.L.C. and Colonial Bank guaranteeing improvements in Grand Haven Subdivision, Phase 3. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: WICKHAM ROAD/LAKE ANDREW

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant final engineering approval for Wickham Road/Lake Andrew/Napolo Drive project, subject to minor engineering changes as applicable and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

AUTHORIZATION, RE: STAFF REPORT AND LETTER OF OBJECTION TO PROPOSED
PLAN AMENDMENT SUBMITTED BY CITY OF SATELLITE BEACH

Assistant County Manager Peggy Busacca advised the letter is an objection to the proposed plan amendment submitted by the City of Satellite Beach to increase density by about 300 units on the barrier island; and if the Board does not approve it, it will miss the deadline.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the Chairman to sign a letter of objection to the Department of Community Affairs concerning the proposed Comprehensive Plan amendment submitted by the City of Satellite Beach for an increase of 366 residential units on the barrier island. Motion carried and ordered unanimously.

APPROVAL OF SHIP AND HOME FUNDING FOR AFFORDABLE RENTAL HOUSING
FOR THE ELDERLY, RE: TITUSVILLE HOUSING AUTHORITY, RICHMON GROUP
OF FLORIDA, INC., CREATIVE CHOICE HOMES XXV, LTD., AND ARBOR TRACE

Assistant County Manager Don Lusk advised the item is time critical.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve allocation of $400,000 in State Housing Initiatives Partnership (SHIP) funds and $400,000 in HOME funds as recommended by the Affordable Housing Council as follows: $350,000 to the Titusville Housing Authority, $150,000 to Arbor Trace, Ltd., $150,000 to Richmon Group of Florida, Inc., and $150,000 to Creative Choice Homes XXV, Ltd.; and authorize the Chairman to execute award letters to the selectees, and Agreements contingent upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING PARKS AND RECREATION TO EXECUTE
GRANT AGREEMENT AND ESTABLISH PROJECT BUDGETS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution authorizing submittal of a grant application and to enter into an Urban and Community Forestry Grant Memorandum of Agreement with Florida Department of Agriculture and Consumer Services, Division of Forestry for $10,000, and to establish project budgets. Motion carried and ordered unanimously.

ACCEPTANCE, RE: CASH FLOW AND INVESTMENT ANALYSIS REPORT

Commissioner Higgs stated staff and the consultant are here if the Board wants to proceed with this item. Commissioner O'Brien stated he was briefed, and finds no problem with it.

County Manager Tom Jenkins advised the Board needs to take some actions if it is going to consider the item today; but if it wants to hold it, the consultant will return. Chairman Carlson stated she would prefer a lengthier discussion. Commissioner Higgs stated it needs to be scheduled as soon as possible to move forward on the investment committee and revise the policies. She stated since the Board has been briefed, there should not be any disagreements to direct staff to begin rewriting those policies.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to begin the task of rewriting the policies; and approve a Task Order for the consultant's assistance in rewriting the policies for investments. Motion carried and ordered unanimously.

DISCUSSION, RE: SHOWBOAT ADULT WORLD CORPORATION v. BREVARD COUNTY

County Attorney Scott Knox advised there is a deadline of September 22, 2001 relating to the Showboat Adult World Corporation v. Brevard County.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the County Attorney to execute a Joint Motion Directing Entry of Final Judgment regarding Showboat Adult World Corporation Entertainment v. Brevard County. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - JAMES WHITAKER, CIRCLES OF CARE, RE: GRIEF COUNSELING

James Whitaker, Director of Circles of Care, advised he just talked to his staff and was advised they have certified grief counselors and debriefing counselors, are setting up offices in Melbourne, Rockledge, and Titusville, and will be there through the evening. He requested the Board advise its constituents of the counseling that will be available, and they will notify the Sheriff and police departments to let people know they can come in and deal with grief or anger over the World Trade Center attack, which sometimes happens over those types of activities.

Commissioner Scarborough requested Mr. Whitaker give the public a phone number so people can contact Circles of Care; with Mr. Whitaker responding they can call emergency services at 772-5200 or 984-4900. Mr. Whitaker noted churches and support groups will also be available for counseling.

ANNOUCEMENT, RE: CLOSING PRAYER

Commissioner Scarborough recommended the Board close the meeting with a prayer. Chairman Carlson requested Commissioner Scarborough lead the Board in prayer. Commissioner Scarborough requested Commissioner Colon be remembered in particular in our prayers, and led a prayer asking the Lord to be with us and protect us.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 10:30 a.m.

ATTEST: _________________________________
SUSAN CARLSON, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
___________________
SCOTT ELLIS, CLERK

(S E A L)