The Board of County Commissioners of Brevard County, Florida, met in regular session on July 11, 2000, at 9:10 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Randy O'Brien, District 2.

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve the Minutes of March 21, 2000, April 11, 2000, and April 18, 2000 Regular Meetings, and April 13 and 27, 2000 Special Meetings. Motion carried and ordered unanimously.

REPORT, RE: RESCHEDULING OF SIGN ORDINANCE WORKSHOP

County Manager Tom Jenkins requested the Sign Ordinance Workshop scheduled for August 2, 2000 be rescheduled to August 22, 2000.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to reschedule the Sign Ordinance Workshop from August 2 to August 22, 2000 at 10:00 a.m. Motion carried and ordered unanimously.

REPORT, RE: AGENDA ITEMS

County Manager Tom Jenkins advised the changes to Item III.A.30., Annual Certification of Local Option Gas Tax Formula, was sent to each Commissioner by Mr. Kamm, so it can stay on the Consent Agenda.

Mr. Jenkins advised Item VI.A.1, Resolution to Consider Tax Abatement Application for Atlantic Cabinets of Brevard, Inc., d.b.a. Designers Choice Cabinetry, was withdrawn by the applicant.

REPORT, RE: VOLUSIA COUNTY REGIONAL MEETING

Commissioner Scarborough advised Volusia County Commission scheduled a regional meeting on July 26, 2000 at 11:30 a.m. at the Daytona Speedway.

Chairman Higgs instructed County Manager Tom Jenkins to advertise the meeting.

REPORT, RE: APPOINTMENTS TO COMMISSION ON AGING

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to appoint Gayle Cannon and Dr. John Potomski, Jr. to the Commission on Aging, with terms expiring December 31, 2000. Motion carried and ordered unanimously.

REPORT, RE: LETTER OF INTEREST FOR PROJECT IMPACT PROGRAM

Commissioner Carlson advised the Local Mitigation Strategy Committee has been working with the Project Impact Program; and Joe Myers of Emergency Management for the State, requested a letter of interest from the Chairman of the Board. She stated the development of Florida has reached the point where the cost of rebuilding in the wake of a future disaster may exceed the ability of citizens to pay; therefore, it is incumbent upon the residents to convert high hazard areas into sustainable communities able to withstand natural disasters. She stated the Department of Community Affairs, the Institute for Business and Home Safety, and the Federal Emergency Management Agency launched complimentary initiatives to break the cycle; and Project Impact is one of the programs that has been very successful. Commissioner Carlson stated there are seven pilot communities across the country that have been sponsored by business, government and the private sector; they offer expertise and technical assistance, and provide available mechanisms to get the latest technology in mitigation practices into the hands of local communities; and the Committee recommended the Board send a letter of interest saying Brevard County is interested in becoming a project impact community.

Commissioner Voltz expressed concern of not knowing what the program would commit the County to, and requested additional information. Commissioner Carlson stated Emergency Management Director Bob Lay could give a better presentation of what the project is about. Commissioner Voltz suggested Mr. Lay make a presentation at the next meeting or provide Commissioners something in writing that would allow them to know what it would mean to Brevard County financially.

Chairman Higgs inquired if a letter of interest would entail any commitment on the part of the County; with Commissioner Carlson responding it would only be a letter of interest on what it would take to become a project impact community. Commissioner O'Brien indicated a few Commissioners may or may not have an interest in the program, but would like to know more about it before voting. Chairman Higgs inquired if the letter is required by a certain date; with Commissioner Carlson stating Mr. Lay could explain more about the program so the Board could solve the problem now and find out more about it later. Commissioner O'Brien stated too often those things end up being an obligation that cannot be stopped; it has happened in the past; and he is leery about those programs because some of them cannot be stopped. Commissioner Carlson stated she is not clear on the cost associated with it or if it is time sensitive; and inquired if the Board wants a report on it.

Emergency Management Director Bob Lay advised he did not know about the program until Friday while at a shelter summit in Orlando; he was told they needed something this week; and if they have the letter, the State would recommend to FEMA that Brevard County be a project community within the State. He stated he does not know if they can wait two weeks or not, but can find out and bring something to the Board at the budget workshop on Thursday.

Chairman Higgs inquired if Brevard County was designated an entity, would it entail obligating funds; with Mr. Lay responding he does not think it does, but it does entail an obligation to support the program on the part of the whole community, not just the unincorporated area, but the incorporated as well. He stated the Local Mitigation Steering Committee, which represents all communities, requested a letter be sent to the State last September asking for more information; they did that and received a letter back; this request is a follow up action from Mr. Myers who requested a letter signed by the Chairman showing an interest in the program to determine if Brevard County still had that intent. Commissioner Carlson stated it is just a letter saying the Board is interested in pursuing a designation; it does not mean Brevard County will get it; but it will be included in the ranking with many other communities. Mr. Lay stated last year the Tampa Bay community received the designation in the State; Deerfield Beach was one of the initial communities; and in several of those there were grants made available to homeowners who live in high hazard areas so they could strap their roofs and provide shutters and other things if they could not afford it. He noted there is a process they have to go through, but there were a lot of grants, so there is a lot of money from FEMA being put into the program; and he has not seen anything that said the County has to match it. Chairman Higgs inquired if any of the other communities that received the designation were unhappy; with Mr. Lay responding no. Chairman Higgs suggested sending the letter of interest and Mr. Lay send Commissioners specifics about the program during the week; and if it seems to be a problem, the Board could discuss it at the next meeting.

Commissioner O'Brien stated he recalls reading about Deerfield Beach having problems and a bill close to half a million dollars for a program; it may have been a different program; but he cannot support this program because he does not know what he would be voting for and have no paperwork on it. He requested the results of Deerfield Beach's program, and suggested Mr. Lay call the City to get that information. Mr. Lay stated there are 200 communities in the United States that are part of the program; he can find out the results of all 200 communities; however, he could not do it from Friday to today. Commissioner Scarborough suggested the Board do it Thursday; with Commissioner Voltz responding she has an issue with Thursday's workshop.

Chairman Higgs advised the Board would prefer to wait until next week. Commissioner Carlson stated there is no meeting next week. Commissioner O'Brien stated if it does not happen this year, perhaps staff can apply for it next year.

Commissioner Carlson stated the local mitigation strategy is about trying to undercut any potential problems and mitigation in case of a storm event; last year there was a big issue with Hurricane Floyd; and if the Board can do anything to offset mitigation due to emergency situations, it should do something. She stated the Board should not let this issue lie and should bring it back at the next meeting; hopefully it will not be too late; and in the interim Mr. Lay can send a letter to Department of Community Affairs advising that the Board is considering the letter of interest and needs more details about the program. Chairman Higgs stated she could support a motion to send the letter because it is an opportunity. Commissioner Scarborough recommended Mr. Lay get more information before the end of the meeting and bring it back.

REPORT, RE: SCRUB JAYS

Commissioner Carlson advised she requested the scrub jay report be put on the agenda, but after reviewing it with staff and noting all the recommendations that are in the report, the Board should hold a workshop and have full discussion on the item due to the complexity.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to withdraw Item VI.C.2, Discussion of Brevard County Scrub Jay Report, from the Agenda, and schedule it for a workshop.

Commissioner O'Brien requested the question of what the biologists at Kennedy Space Center have to say about why the population of scrub jays has declined so dramatically in an area that is defined be answered before the workshop. He stated there were wildfires, but Kennedy Space Center spent millions of dollars to accommodate the scrub jay and still find the population declining to the point of almost surpassing the other side of the pond. Commissioner Carlson inquired if Commissioner O'Brien has specific questions that could be put in a memo; with Commissioner O'Brien responding he has serious reservations about what is being done; and it it appears that all the help so far has been detrimental. He stated the County bought numerous acres of property; Kennedy Space Center spent several million dollars; and the end result, in an area that is very defined, is that more than 50% of the scrub jays have disappeared. He stated the Board is being asked to take actions that may be inappropriate; and he wants to see the science that says why they are dying because somebody is doing something wrong.

Chairman Higgs advised the motion is to schedule the item for a workshop, answer the questions prior to the workshop, and instruct Mr. Jenkins to coordinate the date. She called for a vote on the motion. Motion carried and ordered unanimously.

REPORT, RE: ODYSSEY OF THE MIND CRUSADE

Commissioner Carlson advised Brevard County had one group that participated in the world competition of the Odyssey of the Mind Crusade in Tennessee and came back with the first place prize; and that was Divine Mercy Catholic School on Merritt Island. Commissioner O'Brien stated he invited them to a meeting to receive a resolution. Commissioner Carlson read an excerpt from the newspaper as follows: "Your mission should you choose to accept it, is to create a car that can hold a driver and pull a trailer. Simple, right. There's more. The car must travel to three locations. At each site, the car must contribute to the locations of the scene and dramatically change its appearance. You're not done yet. After completing the course, the car's appearance must change and run the route again. By the way, the car has to be powered by a set of elastic pumps." She stated there was a quote from the Merritt Island High School Coach who said, "Anybody can solve these problems. What separates these teams is that they do it in such a creative manner and their method is so divergent from the norm that they are standouts." She extended congratulations to the Divine Mercy Catholic School Odyssey of the Mind team.

REPORT, RE: RESCHEDULING OF BUDGET WORKSHOP

Commissioner Voltz advised due to a change in personnel, there was some confusion in her office and she was scheduled to go out of town on the same day as the budget workshop. She stated she spoke to the Sheriff's and the Clerk's Offices and they were pleased to have another week to look at their budgets; and Mr. Jenkins thinks it could be scheduled for the following Thursday, and have it done in one day.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to cancel the July 13, 2000 budget workshop. Motion carried and ordered unanimously.

REPORT, RE: FIRE MARSHAL OF PALM BAY

Commissioner Voltz advised her former secretary's husband was promoted to fire marshal in Palm Bay, and extended congratulations to him.

RESOLUTION, RE: COMMENDING LINDA ARNADE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution commending Linda Arnade of Palm Bay, Florida, as the winner of the Prudential Spirit of Community Award, and offering her congratulations and best wishes for a successful future. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING JUSTIN TAYLOR RAMIREZ Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution commending Justin Taylor Ramirez for attaining the rank of Eagle Scout, and offering congratulations and best wishes for a successful future. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING MICHAEL J. CASPER

Commissioner O'Brien read aloud a resolution commending Michael J. Casper for being named a National Award Winner in the Foreign Language and Student Council Divisions, and being named an All American Scholar.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution commending Michael J. Casper as the National Award Winner in the Foreign Language and Student Council Divisions and as an All-American Scholar. Motion carried and ordered unanimously.

Commissioner O'Brien presented the Resolution to Michael Casper, who thanked the Board for the recognition.

RESOLUTION, RE: SALUTING FLORIDA NATIONAL GUARD

Chairman Higgs advised Brevard County calls on people outside of the cities and State to help with hurricanes; and the Florida National Guard is always here to help, so the Board wishes to salute it for many years of service. She read the Resolution proclaiming July 11 through 17, 2000 as Salute to Florida National Guard Week in Brevard County, and extending deep gratitude to the National Guard for its contributions to the community.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution proclaiming July 11-17, 2000 as Salute to Florida National Guard Week in Brevard County. Motion carried and ordered unanimously. (See page for Resolution No. 2000-184.)

Chairman Higgs presented the Resolution to Adjutant General Ronald O. Harrison, who accepted it on behalf of the more than 13,000 Florida Army and Air National Guardsmen, and explained their missions and training which add value to the communities.

RESOLUTION, RE: PROCLAIMING 17TH ANNUAL NATIONAL NIGHT OUT

Commissioner Carlson read a resolution proclaiming August 1, 2000 as the 17th Annual National Night Out, a nationwide crime, drug, and violence prevention program.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution proclaiming August 1, 2000 as the 17th Annual National Night Out, and encouraging citizens to join the Sheriff's Office and National Association of Town Watch in supporting the program. Motion carried and ordered unanimously.

Commissioner Carlson presented the Resolution to Joe Davis, Crime Prevention Unit Director with the Sheriff's Office, who thanked the Board for the proclamation and invited everyone to attend the rally at Sand Point Park on July 29, 2000.

RESOLUTION AND COUNTY DEED, RE: TRANSFER OF RIGHT-OF-WAY FOR STATE ROAD 5

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution and execute County Deed, transferring right-of-way for State Road 5 to Florida Department of Transportation for its road widening project. Motion carried and ordered unanimously.

RESOLUTION AND SUBORDINATION OF COUNTY UTILITY INTERESTS AGREEMENT, RE: STATE ROAD 5

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution and execute Subordination of County Utility Interests to Florida Department of Transportation for widening of State Road 5. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #1 WITH TRUGREEN LAND CARE, RE: PHASE I OF SR 405/U.S. 1 INTERSECTION IMPROVEMENT PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Contract Modification #1 with TruGreen Land Care for Phase I of the SR 405/U.S. 1 intersection improvement project, increasing contract amount by $104,660 for landscape/irrigation installation. Motion carried and ordered unanimously.

INITERLOCAL AGREEMENT WITH CITY OF TITUSVILLE, RE: EVERGREEN WATERLINE MSBU PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Interlocal Agreement with City of Titusville for construction and installation of potable water system on Pinetop Boulevard and Osprey Court in Evergreen Waterline Municipal Service Benefit Unit (MSBU). Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH CITY OF PALM BAY, AND AUTHORIZE ANNUAL PAYMENT, RE: MAINTENANCE OF MEDIANS AND ROADSIDE SHOULDERS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Interlocal Agreement with City of Palm Bay for maintenance of medians and roadside shoulders, and authorize payment of $20,000 annually to the City. Motion carried and ordered unanimously.

CONSENT AGREEMENT WITH ARMY CORPS OF ENGINEERS, AND PERMISSION TO BID AND AWARD CONTRACT, RE: RESTORATION SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize staff to finalize negotiations of a Consent Agreement with the U.S. Army Corps of Engineers, authorize the Chairman to execute the Agreement, grant permission to bid and award the bid for restoration of a dredging project near Pelican Creek channel to the lowest qualified bidder; and authorize the Chairman to execute the Contract with the successful bidder. Motion carried and ordered unanimously.

EXTENSION OF CLOSING DATE ON CONTRACT FOR SALE AND PURCHASE WITH RICHARD AND AH YEH DUTCHIK, RE: SOUTH WICKHAM ROAD WIDENING

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to extend the closing date on Contract for Sale and Purchase with Richard V. and Ah Yeh Dutchik for purchase of Lots 8, 9, and 10 in L.S.T. Estates for widening of Wickham Road, from U.S. 192 to Nasa Boulevard to November 1, 2000. Motion carried and ordered unanimously.

WAIVE APPRAISAL AND AUTHORIZE COUNTY MANAGER TO EXECUTE CONTRACT FOR SALE AND PURCHASE WITH HOWARD J. DOANE, RE: FAIRGLEN ELEMENTARY SCHOOL PEDESTRIAN BRIDGE RECONSTRUCTION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to waive appraisal and authorize County Manager to execute Contract for Sale and Purchase with Howard J. Doane for .49 acre in conjunction with the Fairglen Elementary School pedway bridge reconstruction project. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO AGREEMENT WITH HARVARD JOLLY CLEES TOPPE, P.A., RE: SUNTREE/VIERA PUBLIC LIBRARY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Amendment No. 1 to Agreement with Harvard Jolly Clees Toppe, P.A. for additional architectural and engineering services for Suntree/Viera Public Library at $3,775. Motion carried and ordered unanimously.

EASEMENT TO FLORIDA POWER & LIGHT COMPANY, RE: FAY LAKE WILDERNESS PARK

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Easement conveying property to Florida Power & Light Company at Fay Lake Wilderness Park for installation of facilities to serve the Park. Motion carried and ordered unanimously.

RESERVATION OF SPACE COAST ROOM, RE: DEPARTMENT OF JUSTICE BANKRUPTCY HEARINGS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize reservation of the Space Coast Room from September through November 2000, and the Supervisor of Elections Canvassing Room from December 2000 for an indefinite period of time for the Department of Justice to hold bankruptcy hearings, and to install a duress alarm at the expense of the Department of Justice. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH HEARD CONSTRUCTION, RE: CONSTRUCTION OF TITUSVILLE HOLDING CELLS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve Change Order No. 1 to Agreement with Heard Construction, establishing the guaranteed maximum price for construction of the Titusville Holding Cells at $480,700; and authorize the Chairman to sign the Change Order. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: FENCE INSTALLATION AT HELEN AND ALLAN CRUICKSHANK SANCTUARY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant permission to bid, award bid to lowest qualified bidder, and authorize the Chairman to execute a Contract with the successful bidder for installation of a fence at Helen and Allan Cruickshank Sanctuary. Motion carried and ordered unanimously.

APPROVAL OF LAND ACQUISITION, RE: SARNO LAKES STORMWATER POND

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize acquisition of land necessary for the Sarno Lakes Stormwater Pond project. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, REMOVE, AND REPLACE, RE: EMERGENCY GENERATOR AUTOMATIC TRANSFER AND BYPASS ISOLATION SWITCHES AT NORTH BREVARD SERVICE COMPLEX, BREVARD COUNTY GOVERNMENT CENTER-NORTH, AND TITUSVILLE COURTHOUSE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize staff to award to the lowest qualified bidder, the purchase, removal, and replacement of an emergency generator automatic transfer and bypass switch at North Brevard Service Complex, and emergency generator automatic transfer switches at historic Titusville Courthouse and Brevard County Government Center-North. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: SUNSET LAKES WEST - ISLAND ESTATES

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant final plat approval for Sunset Lakes West - Island Estates, 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.

CONTRACT WITH LENNAR HOMES, INC., RE: GRAND ISLE SUBDIVISION, PHASE I

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Contract with Lennar Homes, Inc. guaranteeing infrastructure improvements in Grand Isle Subdivision, Phase I. Motion carried and ordered unanimously. (See page for Contract.)

AGREEMENT WITH HOLY TRINITY EPISCOPAL ACADEMY, INC., RE: PARTICIPATION IN FUTURE ASSESSMENT FOR SIDEWALK PROJECTS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Sidewalk Assessment Agreement with Holy Trinity Episcopal Academy, Inc. providing that in lieu of constructing the required sidewalk, the Academy agrees to participate in any future assessment for sidewalk projects that front its property. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH KIM KAHLER, RE: HIGHLAND AVENUE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Kim Kahler for construction of a road in the existing County right-of-way for Highland Avenue. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH CHRISTOPHER AND JULIANN KACIN, RE: SERNA AVENUE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Christopher and Juliann M. Kacin for construction of a road in the existing County right-of-way for Serna Avenue. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH DONALD HOFBAUER, RE: McLELLAN AVENUE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Donald W. Hofbauer for construction of a road in the existing County right-of-way for McLellan Avenue. Motion carried and ordered unanimously.

AGREEMENT WITH JOHN F. HAMM, RE: PARTICIPATION IN FUTURE ASSESSMENT FOR SIDEWALK PROJECTS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Sidewalk Assessment Agreement with John F. Hamm providing that in lieu of constructing the required sidewalk, the Company agrees to participate in any future assessment for sidewalk projects that front its property. Motion carried and ordered unanimously.

AGREEMENT WITH BOBBY FLECKINGER, RE: PARTICIPATION IN FUTURE ASSESSMENT FOR SIDEWALK PROJECTS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Sidewalk Assessment Agreement with Bobby Fleckinger providing that in lieu of constructing the require sidewalk for Diamondback Airboat Complex, Mr. Fleckinger agrees to participate in any future assessment for sidewalk projects that front his property. Motion carried and ordered unanimously.

DELEGATION OF AUTHORITY TO COUNTY MANAGER OR DESIGNEE, RE: APPROVE AND SIGN SIDEWALK ASSESSMENT AGREEMENTS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize the County Manager or his designee to execute sidewalk assessment agreements. Motion carried and ordered unanimously.

STAFF REPORT, RE: PENDING CITY OF ROCKLEDGE ANNEXATION FOR C. D. THOMAS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to acknowledge receipt of staff's report regarding a pending annexation of one acre by the City of Rockledge for retail/professional use, and its findings of no inconsistencies with Chapter 171, Florida Statutes. Motion carried and ordered unanimously.

STAFF REPORT, RE: PENDING CITY OF ROCKLEDGE ANNEXATION FOR JIM RILEY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to acknowledge receipt of staff's report regarding a pending annexation of 3.16 acres by the City of Rockledge for professional use, and its findings of no inconsistencies with Chapter 171, Florida Statutes. Motion carried and ordered unanimously.

PERMISSION TO COOPERATE WITH TICO AIRPORT AUTHORITY, RE: HEIGHT AND DISTANCE REGULATION ANALYSIS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize staff to cooperate with TiCo Airport Authority in reviewing current Land Development Regulations relating to developments adjacent to airports. Motion carried and ordered unanimously.

APPROVAL OF ANNUAL CERTIFICATION, RE: LOCAL OPTION GAS TAX FORMULA

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve the annual certification of Local Option Gas Tax formula as amended. Motion carried and ordered unanimously.

AUTHORIZATION, RE: SUBMISSION OF PROJECT PRIORITIES TO BREVARD MPO

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize staff to submit project priorities to the Brevard MPO for preliminary consideration. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH CITIES OF TITUSVILLE, COCOA, MELBOURNE, AND PALM BAY, RE: HOME PROGRAM FUNDS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Interlocal Agreement with the Cities of Titusville, Cocoa, Melbourne and Palm Bay for federal HOME Program funds for low and very low income citizens of Brevard County. Motion carried and ordered unanimously.

APPLICATION, COOPERATION AGREEMENTS, AND LEGAL OPINION, RE: URBAN COUNTY RE-QUALIFICATION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize application with U.S. Department of Housing and Urban Development (HUD) to receive Community Development Block Grants (CDBG) and HOME funds; continue to authorize cooperative agreements with cities/towns; and authorize the County Attorney to sign the legal opinion for submittal to HUD. Motion carried and ordered unanimously.

PERMISSION TO PURGE, RE: 1992 LIBRARY SERVICES COMPUTER FILES

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant approval to purge 985 patron records, which have been inactive since 1992, from the Library Services Computer System. Motion carried and ordered unanimously.

AUTHORIZATION FOR ADMINISTRATIVE APPROVAL, RE: EXECUTION OF REVISED CARETAKER AGREEMENTS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve the revised caretaker agreement; authorize the County Manager or his designee to execute such agreements on behalf of the Board; and authorize Parks and Recreation Department to include in the agreements any future Board approved contract clauses. Motion carried and ordered unanimously.

PERMISSION TO SUBMIT AMENDMENT, RE: BREVARD COASTAL SCRUB ECOSYSTEM CONSERVATION AND RECREATION LANDS PROGRAM PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize staff to submit an amendment to the Brevard Coastal Scrub Ecosystem Conservation and Recreation Lands Program project to the State's Acquisition and Restoration Council for matching funds. Motion carried and ordered; Commissioner Voltz voted nay.

ASSIGNMENT OF OPTION TO PURCHASE WITH THE NATURE CONSERVANCY, RE: ACQUISITION OF MEP AMERICA LLC PROPERTY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Assignment of Option to Purchase with The Nature Conservancy for acquisition of the MEP America LLC property in the State's Coastal Scrub Ecosystem CARL Project; and authorize exercising the Option on or before July 14, 2000. Motion carried and ordered unanimously.

EASEMENT TO FLORIDA POWER & LIGHT COMPANY, RE: WASHBURN COVE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Easement to Florida Power & Light Company for the encroachment of utility easement, to clear title for transfer of Washburn Cove (Hutterli-Valle) property to the State. Motion carried and ordered unanimously.

RESOLUTION, UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENT TO CITY OF PALM BAY, RE: TURKEY CREEK SANCTUARY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution and execute Utility Easements and Temporary Construction Easement to City of Palm Bay for placement of traffic signal on Turkey Creek Sanctuary property. Motion carried and ordered unanimously.

RESOLUTION AND UTILITY EASEMENTS TO FLORIDA POWER & LIGHT COMPANY AND CITY OF TITUSVILLE, RE: DICERANDRA SCRUB SANCTUARY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution and execute Utility Easement with City of Titusville and Easements with Florida Power & Light Company for existing utility encroachments in Dicerandra Scrub Sanctuary. Motion carried and ordered unanimously.

REPORT, RE: 1999/2000 WATERFOWL HUNTING SEASON FOR PINE ISLAND CONSERVATION AREA

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to acknowledge receipt of Report on the 1999/2000 Waterfowl Hunting Season for Pine Island Conservation Area; and authorize staff to make recommended changes to the permit selection process and proceed with a waterfowl hunting program at Pine Island Conservation Area in cooperation with the Florida Fish and Wildlife Commission and Sheriff's Department for the 2000/2001 season. Motion carried and ordered unanimously.

RENEWAL, RE: CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve renewal of Certificates of Public Convenience and Necessity with Brevard County Public Safety Department (ALS and BLS), Cape Canaveral Volunteer Fire Department (ALS), Coastal Health Systems of Brevard, Inc. (ALS and BLS), Kennedy Space Center (ALS and BLS), City of Palm Bay (ALS), Health First-Holmes Regional Medical Center First Flight (ALS), City of Titusville (ALS), City of Cocoa Beach (ALS), City of Melbourne (ALS) and City of Satellite Beach (ALS). Motion carried and ordered unanimously.

APPROVAL, RE: SCAT HOSTING 2001 FLORIDA TRANSIT ASSOCIATION'S ANNUAL MEETING AND EXPO

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to support Space Coast Area Transit (SCAT) hosting the Florida Transit Association's 2001 Annual Meeting and Expo on October 28 through 30, 2001. Motion carried and ordered unanimously.

AMENDMENT #1 TO CONTRACT NO. 99BE1 WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: SHORE PROTECTION PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Amendment #1 to Contract No. 99BE1 with Florida Department of Environmental Protection, increasing grant amount from $4,850,000 to $5,145,000 for the Brevard County Shore Protection Project. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: CONSTRUCTION OF RELOCATED PUMP STATION IN RIVERSIDE SUBDIVISION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant permission to bid construction of relocated pump station in Riverside Subdivision on Merritt Island, and award bid to the lowest qualified bidder. Motion carried and ordered unanimously.

AGREEMENT WITH LINDA PARKER, RE: REIMBURSEMENT FOR INSTALLATION OF SEWER SERVICE LATERAL

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Agreement with Linda Park for reimbursement of construction cost to install a sewer service lateral across Newfound Harbor Drive in the event other property requests service via the lateral. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD CONTRACT, RE: PURCHASE OF SODIUM HYPOCHLORITE SOLUTION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant permission to bid purchase of sodium hypochlorite solution for disinfecting water and wastewater treatment facilities, award the bid to the lowest qualified bidder, and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, RE: ADMINISTRATIVE SERVICES FOR MEDICAL AND DEPENDENT CARE ACCOUNTS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant permission to advertise request for proposals for administrative services for the Section 125 Medical Expense and Dependent Care Flexible Spending Accounts, effective January 1, 2001, and authorize the Employee Benefits Consultant, Wittner National Group, Inc., to analyze the proposals and provide a summary of responses to the Insurance Committee which will act as the selection committee to make recommendations to the Board. Motion carried and ordered unanimously.

RENEWAL OF CONTRACT WITH UNUM/PROVIDENT, RE: UNIVERSAL LIFE INSURANCE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize the Chairman to execute Contract renewal with UNUM/Provident for Voluntary Universal Life Insurance Policy No. GUL895 from January 1, 2001 through January 1, 2003 at the current rates. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND NEGOTIATE RATE RENEWALS, RE: GROUP TERM LIFE INSURANCE, LONG-TERM DISABILITY INSURANCE, HMO PLANS AND STOP LOSS INSURANCE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize the County's Employee Benefits Consultant, Wittner National Group, Inc., in conjunction with staff, to develop and conduct a request for proposals process to select vendors for the County's term life insurance and long-term disability insurance effective January 1, 2001; authorize negotiations with Aetna US Healthcare, Health First Health Plans, and Excess, Inc. for rate renewals for HMO plans and stop loss insurance; and authorize Wittner National Group to analyze the proposals and provide a summary of responses and outcome of negotiations, including a financial analysis to the Insurance Committee which will act as the selection committee and make recommendations to the Board. Motion carried and ordered unanimously.

AWARD OF BID #B-2-0-61, RE: AIRCRAFT FOR MOSQUITO CONTROL

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to reject the low bid from Southeastern Aircraft Sales and Service as the engine did not meet specifications of the bid, and award Bid #B-2-0-61, Aircraft for Mosquito Control, to second low bidder Mid-continent Aircraft Corporation at $442,470. Motion carried and ordered unanimously.

AWARD OF BID #B-4-0-37, RE: BUSES FOR SCAT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to award Bid #B-4-0-37, Buses for SCAT, to First Class Coach & Equipment for four 39-passenger buses at $229,590 each. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-0-30 AND EXECUTE CONTRACT, RE: AIRCRAFT LIABILITY INSURANCE AND AIRPORT LIABILITY INSURANCE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to award Proposal #P-3-0-30, Aircraft Liability Insurance and Airport Liability Insurance, to Nation Air Insurance Agency; and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

AWARD OF QUOTE #Q-2-0-22, RE: CONCRETE LIGHT POLES FOR McLARTY, ROCKLEDGE AND STRADLEY PARKS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to award Quote #Q-2-0-22, Concrete Light Poles for McLarty, Rockledge and Stradley Parks, to Utilities Structures at $43,050. Motion carried and ordered unanimously.

TERMINATE AGREEMENT, EXECUTE INTERIM AGREEMENTS, SOLICIT PROPOSALS, APPOINT SELECTION COMMITTEE, AND AWARD AND EXECUTE AGREEMENTS, RE: VENDING MACHINE SERVICES COUNTYWIDE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to terminate Small Service Agreement with Tomasso's Food Service & Concession, Inc. for non-performance; execute interim Agreements with Lance, Inc., Pepsi Cola Bottling Company, and Coca Cola Bottling Company; grant permission to solicit proposals; appoint selection committee; award proposal to the lowest qualified proposer; and execute Agreement with the successful proposer for vending machine services Countywide. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH GC SERVICES, RE: DEBT COLLECTION SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Amendment to Agreement with GC Services for debt collection, extending the Agreement for one year and providing an option for two additional extensions of one year each. Motion carried and ordered unanimously.

SUBGRANT AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS, AND TEMPORARY LOAN, RE: ADDITION OF TERRORISM SECTION TO COMPREHENSIVE EMERGENCY MANAGEMENT PLAN

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Subgrant Agreement with Florida Department of Community Affairs for $25,000 to add a terrorism plan to the Comprehensive Emergency Management Plan; authorize temporary loan of up to $20,000 from the General Fund until reimbursement can be received; and authorize the County Manager to execute any future amendments, reports, or correspondence contingent upon approval by Risk Management and the County Attorney. Motion carried and ordered unanimously.

OPTION AGREEMENT FOR SALE AND PURCHASE WITH JOHN E. DOWNEY, RE: INDIAN RIVER LAGOON BLUEWAY/MULLET CREEK ISLANDS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Option Agreement for Sale and Purchase with John E. Downey for his interest in Mullet Creek Islands at $1.85 million, and settle the lawsuit, contingent on closing with the State. Motion carried and ordered unanimously.

ATTACHMENT II TO CONTRACT WITH DEPARTMENT OF REVENUE, RE: CHILD SUPPORT ENFORCEMENT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize the Chairman to execute Attachment II to Contract GZ808 with Florida Department of Revenue, to provide funding for Child Support Enforcement personnel and related office expenses from July 1, 2000 through June 30, 2001. Motion carried and ordered unanimously.

GRANT APPLICATION WITH U.S. DEPARTMENT OF JUSTICE, RE: COMMUNITY ORIENTED POLICING SERVICES MORE 2000

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to apply for and accept a grant of $20,553 from U.S. Department of Justice, known as the Community Oriented Policing Services (COPS) MORE 2000, to provide one new civilian warrants technician for the Sheriff's Warrants Unit . Motion carried and ordered unanimously.

APPROVAL OF EXECUTIVE SESSION, RE: OUTDOOR SYSTEMS, INC.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize advertising and scheduling of an executive session for July 25, 2000 after the regular meeting, to discuss strategy relating to litigation of Brevard County v. Outdoor Systems, Inc. Motion carried and ordered unanimously.

APPROVAL OF EXECUTIVE SESSION, RE: PINTER v. BREVARD COUNTY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize advertising and scheduling of an executive session for July 25, 2000 after the regular meeting, to discuss strategy relating to litigation of Pinter v. Brevard County. Motion carried and ordered unanimously.

APPROVAL OF EXECUTIVE SESSION, RE: HOWARD AND DONNA EVARTS, AND HAMMER

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize advertising and scheduling an executive session for July 25, 2000 after the regular meeting, to discuss strategy relating to litigation of Howard S. and Donna Evarts v. Brevard County, and Hammer v. Integon National Insurance Company and Brevard County. Motion carried and ordered unanimously.

ACCEPTANCE, RE: REVENUE MONITORING REPORT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to accept the Revenue Monitoring Report for the quarter ending March 31, 2000. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF PROPERTY CONTROL SECTION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to acknowledge receipt of Internal Audit conducted of the Property Control Section for the period October 1, 1998 through December 31, 1999. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF MERRITT ISLAND REDEVELOPMENT AGENCY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to acknowledge receipt of Internal Audit conducted of the Merritt Island Redevelopment Agency for the period October 1, 1997 through April 30, 1999. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to appoint Linda Harris to the Brevard County Commission on the Status of Women, replacing Gayle Cannon, with term expiring December 31, 2000. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve bills and budget changes as presented. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN FAWN LAKE PUD, PHASE 2, UNIT 3 - DARLENE B. TINDALL

Chairman Higgs called for the public hearing to consider a resolution vacating public utility easements in Fawn Lake PUD, Phase 2, Unit 3, as petitioned by Darlene B. Tindall.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating public utility easements in Fawn Lake PUD, Phase 2, Unit 3, as petitioned by Darlene B. Tindall. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF PUBLIC UTILITY AND DRAINAGE EASEMENT IN SAVANNAHS PUD - NORMAN J. BAUMAN

Chairman Higgs called for the public hearing to consider a resolution vacating a portion of a public utility and drainage easement in Savannahs PUD, as petitioned by Norman J. Bauman.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution vacating a portion of public utility and drainage easement in Savannahs PUD, as petitioned by Norman J. Bauman and to accept the Easement from Mr. Bauman. Motion carried and ordered unanimously.

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

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

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

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

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

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

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

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

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

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENTS IN POINSETT GROVES SUBDIVISION - SCOTT AND CYNTHIA HOFFMAN, AND BRADLEY AND BARBARA PETTY

Chairman Higgs called for the public hearing to consider a resolution vacating public utility and drainage easements in Poinsett Groves Subdivision, as petitioned by Scott and Cynthia Hoffman, and Bradley and Barbara Petty.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner O'Brien, to adopt Resolution vacating public utility and drainage easements in Poinsett Groves Subdivision, as petitioned by Scott and Cynthia Hoffman, and Bradley and Barbara Petty. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: APPEAL FROM FRANCIS BYRNE OF CONSERVATION ELEMENT OF THE COMPREHENSIVE PLAN AND SURFACE WATER PROTECTION ORDINANCE

Chairman Higgs called for the public hearing to consider an appeal from Francis Byrne to make a finding of best public interest and overturn a denial by the Natural Resources Management Office to allow an excess of impervious surface and impacts within 25 feet of the surface water protection buffer, and consider mitigating property improvements.

Assistant County Manager Stephen Peffer advised the issue relates to a proposed development which would impact the County's shoreline protection buffer. He stated the Ordinance provides certain requirements of how much is allowed to impact the buffer, including setback and impervious surface requirements; the project exceeded the guidelines which staff is allowed to approve; however, the Ordinance allows the Board to consider extenuating circumstances to determine whether it should be approved even though it does not meet the guidelines. He noted the applicant will present reasons why he needs to exceed the County's Ordinance requirements.

Attorney Leonard Spielvogel, representing Francis Byrne, introduced Mr. Byrne; and stated Mr. Byrne purchased the lot in Snug Harbor in 1962 with intentions to build his dream home at the time he retired; he has retired from NASA; he maintained the lot and paid taxes on it for 38 years; and he is now ready to build a home of 3,271 square feet with a 402 square-foot roofed and screened patio. He noted he disagrees with Mr. Peffer's introduction of his roll here; and advised he has problems with staff's position that his client cannot put a roof on the patio because the residence and patio exceed the limit for impervious surface area. He stated if they remove the roof and use pavers to allow rain water to seep through, they will still not be able to build because the patio is within 25 feet of the mean high water line of the Banana River. Mr. Spielvogel advised staff's analysis provides that in order to persuade the Board to allow Mr. Byrne to build his patio and residence, he has the burden of satisfying the Board that what he is proposing is in the best public interest. He stated his client cannot carry the burden of "best public interest" as defined in Ordinance No. 91-37 and the Agenda Report; best public interest is limited to public projects; his client's project is not a public project, it is a private home; that makes it a private project, so he cannot qualify under any circumstances if he has to meet the so-called best public interest definition; and inquired if that means they are lost and the Board has no choice but to turn down his client's request. He stated he believes that is not true and staff's analysis is incorrect; and they need to go back to the basics which means Policy 3.4 of the Comprehensive Plan. He noted the Comprehensive Plan is comparable to the Constitution of the United States; Congress cannot pass laws that are in conflict with the Constitution; so the Board would probably not take any position on zoning or other matters that are inconsistent with the Comprehensive Plan; but there is no "best public interest" in Policy 3.4 of the Comprehensive Plan or anywhere else in the Plan in the sections that are relevant to what is before the Board. Mr. Spielvogel advised Criteria D of Policy 3.4 talks about public interest; Criteria E talks about public interest; and Policy 3.3, Criteria A, which deals with Class I waters says, "Alteration within the shoreline protection buffer shall be prohibited unless it is in the public interest or does not adversely impact water quality and natural habitat." He stated he does not know where best public interest came from; it has nothing to do with his client's project; so he looked for something that made more sense, considering it is a private project. He stated Ordinance No. 91-37 has a definition of best public interest, but it is not in the Comprehensive Plan; he found the definition for "overriding public benefit"; and it seemed to him that if they met the requirements of overriding public benefit, they would be serving the public interest. Mr. Spielvogel advised the first part of overriding public benefit says, "The result of the development action by a private property owner that substantially preserves, restores, or enhances those natural functions which define areas of critical concern, environmentally sensitive areas, shorelines, or water bodies"; so it seemed to him they have to satisfy the Board that what they are proposing meets the overriding public benefit because they are not going to do it on best public interest since it has to do only with public projects. He advised his client is proposing to build a berm along the revetment line at a height that is satisfactory to County staff; he will construct a swale landward of the berm to a depth that satisfies County staff; he will retain onsite no less than the first one inch of rain or stormwater; he will design the down spouts coming off the roof to bring stormwater to the east side of the property away from the Banana River; so he will have retention on the west with the swale and berm and retention in front of the home along the east side, and will be retaining more than the first inch of rain on site. He stated his client will vegetate the revetment area, not revegetate since there is no vegetation there now; he will preserve and maintain the mangroves that are on site; and in all probability his lot will be the only waterfront lot in Snug Harbor that will meet those commitments. He noted there are over 100 waterfront lots in Snug Harbor, but most of them were built prior to the adoption of the Comprehensive Plan, so his client will be the only one who will have to meet those requirements. He stated the lot is about 450 feet from Cocoa Beach city limits and the City requires a 15-foot setback.

Chairman Higgs advised Mr. Spielvogel his time was up. Mr. Spielvogel requested additional time to complete his presentation.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to allow Mr. Spielvogel additional time to complete his presentation. Motion carried and ordered unanimously.

Mr. Spielvogel advised the LPA recommended approval of his client's request by a vote of 9 to 1; he asked the LPA a rhetorical question, and will ask the Board the same question; and that is if they have to preserve the Indian River Lagoon and tributaries to it, why is the State not mandating that they meet those requirements as opposed to leaving it up to each municipality and county. He stated they are close to Cocoa Beach, and what they have there is water cascading into the Banana River; but his client is going to obligate himself and his lot to the commitments made to satisfy the public interest requirement of the Comprehensive Plan by providing an overriding public benefit. Mr. Spielvogel presented and explained exhibits of Snug Harbor Subdivision, his client's parcel, number of lots along the River, the 50-foot setback, and amount of buildable area. He stated since the subdivision was platted before 1988, they are allowed to move the shoreline protection area to 25 feet, but Ms. Coles has a different opinion; so the questions are whether they are encroaching and where the building can be located. He presented pictures of the proposed residence, screened patio, water line, erosion, city limits, and homes to the north and south, and distance between the improvements and water's edge with absence of swales. He noted his client's project is quite a distance landward compared to others; and thanked the Board for the additional time.

Commissioner O'Brien advised Mr. Spielvogel's presentation answered his questions, and they met about the problems; the best public interest includes Mr. Byrne's contiguous neighbors' properties; and it would be unfair to force Mr. Byrne to meet the requirements that did not exist when he purchased the property for retirement purposes. He stated it would be an example of punitive government regulations to not waive the regulations so Mr. Byrne can build his retirement home; it will not affect the neighbors' property values; and if he is forced to meet the requirements, the adjacent property owners will be upset. He stated the project does not adversely affect water quality because the runoff will be sent to a retention area; it does not adversely affect a natural habitat; the LPA recommended approval; so because of all that, he will move for approval.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve the appeal of Francis Byrne to allow construction of a home equal to the neighbors' setbacks and to meet the commitments he made about water diversion.

Chairman Higgs stated the lot seems to be 9,671 square feet and the house at 3,200 square feet; and inquired if it is all on one floor; with Debbie Coles responding there are two bedrooms upstairs, but the main part of the residence is on one floor.

Commissioner Scarborough inquired if the Board requires compliance, how would that impact the house size and where it could be located; with Ms. Coles responding it would reduce the amount of square footage he could have to reduce the impact within the buffer to 1,670 square feet. Commissioner Scarborough inquired how many square feet would the home be if the Board denied the request; with Mr. Peffer responding that may not have a direct answer because once the footprint is defined, they could expand the second floor for more square footage. Commissioner Scarborough stated he does not want to render the property useless; he has not heard answers as to how adversely it would impact the owner of the lot with certain expectations; and if the impact to his building is minimal, then that has to be taken into consideration; but if it renders the lot unbuildable, that also must be taken into consideration.

Commissioner Carlson inquired if there are deed restrictions and if the size of the home is reduced, will it violate the deed restrictions; with Mr. Spielvogel responding the subdivision is so old that the deed restrictions, if any, may have expired or terminated.

Chairman Higgs stated according to her notes, they have 9,671 square feet of property or .22 acre; the total buffer is 5,567 square feet, leaving 4,100 square feet available to build on not in the buffer; and inquired if that is correct; with Ms. Coles responding the difference between the amount of square feet of the house in the buffer and the allowable 30% is about 330 square feet. Commissioner Scarborough inquired if it would be a 30% reduction in the house size; with Mr. Peffer responding 330 feet or 10%.

Commissioner Voltz inquired about the square footage of the homes to the north and south of the property; with Commissioner O'Brien responding he has been to David Spain's house and it is about 3,500 square feet under air; and a few other houses along that street are quite substantial in size. He stated the Board should not say what size house he can build; and it should be fair and allow him the same opportunities as his neighbors because there is no impact on the environment or water quality. He stated the Board should not be punitive because Mr. Byrne bought the property and waited to retire before building.

Chairman Higgs stated she is not interested in being punitive, but is interested in protecting what the Comprehensive Plan and Ordinances are designed to protect; she has not been impressed by what has occurred with other parcels and people who were given waivers in exchange for certain retention areas; those areas were not maintained adequately to preserve and protect what the Ordinance says; so she is skeptical about long-term protection.

Chairman Higgs called for a vote on the motion to approve the appeal. Motion did not carry; Commissioners O'Brien and Voltz voted aye; and Commissioners Scarborough, Carlson, and Higgs voted nay.

PUBLIC HEARING, RE: RESOLUTION CONSENTING TO THE MERGER OF TIME WARNER, INC. AND AMERICA ONLINE, INC.

Chairman Higgs called for the public hearing to consider a resolution consenting to the merger of Time Warner, Inc. and America Online, Inc.

Commissioner Scarborough advised there has been an inability to provide the government channel in Titusville, but that has been worked out; and since there is a representative from Time Warner at the meeting, he would like to have him share that information with the people of Titusville on the solution they are proposing.

Attorney John Fogarty with Time Warner Cable, introduced Paul Hansen, the recently appointed Manager of Systems in the area, succeeding Gerry Martin, and thanked Commissioner Scarborough for his assistance with the problem in Titusville. He stated they are close to reaching an understanding that will enable the carriage of the programming within the City; and they hope to conclude it in the very near future. He stated he will advise the Board when they have a final resolution and all parties sign off on that.

Commissioner Scarborough advised the City of Titusville put in a lot of time on this problem as well, and expressed appreciation to the City personnel.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution consenting to the merger of Time Warner, Inc. (TWC) and America Online, Inc. (AOL). Motion carried and ordered unanimously.

DISCUSSION AND STAFF DIRECTION, RE: PRIORITIZATION AND FUNDING OPTIONS FOR PUBLIC WORKS PROJECTS

Public Works Director Henry Minneboo advised in May, 2000, the Board asked staff to come up with options on projects to consider; and staff has provided four options that coincide with the Board's direction. He stated page 5, Column A, identifies non-discretionary project costs totaling $22,885,000; and those are projects that need immediate attention, such as bridge projects. He stated Column B lists the FDOT projects on its work schedule which total $7,614,000; Column E is transportation-related drainage projects at $7,435,000; and there is enough money in the Constitutional Gas Tax fund to undertake Columns A, B and E. Mr. Minneboo advised one project that needs to be in the non-discretionary column is the west connector road in Port St. John, which is currently under design; there is enough money in the Constitutional Gas Tax fund to handle those three columns; but it leaves out Column C which requires $12,500,000 matching funds on FDOT projects. He noted none of the projects in Column C are on the FDOT work program as of today; so staff wants to extract that portion from the overall projects.

Commissioner O'Brien advised the Board has talked about SR 3 on Merritt Island for a long item and he does not find it in Column B under FDOT projects; with Mr. Minneboo responding it is under Column A, non-discretionary projects. Commissioner O'Brien stated that is from Magnolia to Fortenberry, but he is talking about SR 520 to SR 528; with Mr. Minneboo responding the State is going to take care of it in its entirety, and there is no match from the County so it is not on the list. Mr. Minneboo advised Column D is $63,925,520 worth of road work; that Column was done with a lot of thought and calculations, but funding is a problem; however, staff would like to move forward with preliminary engineering reports that will deal with preliminary design and give specifics on what the projects may cost. He stated a good example would be the Pineda Causeway Extension; the preliminary engineering report would identify the routes and costs associated with it; the County would have a much better number than it has today; or it may reveal that the project would be too costly to move forward with. He stated there are quite a few projects in Column D, but staff wants to move forward with preliminary engineering on Dixon Boulevard, Micco Road, Riverside Drive, Minton Road, Pineda Causeway Extension, Barnes Boulevard, John Rodes Boulevard, Ellis Road, and Hollywood Boulevard.

Chairman Higgs inquired about Babcock Street, from U.S. 192 to Fee Avenue; with Mr. Minneboo responding staff tried to address that in Item 5 of the handout; depending on the amount of information and work done by FDOT, a preliminary engineering study would cost about $340,000; and there may be enough money in the Constitutional Gas Tax fund and investment proceeds to do the study. Commissioner Voltz stated just about that entire block of land is for sale, so the County needs to address it now or it will be more expensive. Chairman Higgs noted going forward with a preliminary engineering study should take care of the concerns from the City of Melbourne expressed in its letter.

Mr. Minneboo advised there is a shortfall in the Road and Bridge budget; and there is enough money in the Constitutional Gas Tax Fund to fund Road and Bridge's shortfall for two years and address the preliminary engineering report.

Commissioner O'Brien advised $6,180,000 is estimated for four-lane reconstruction of Dixon Boulevard; and inquired if the City of Cocoa will come to the table to fund some of that cost; with Mr. Minneboo responding the City came to the table but did not talk about bringing money; the City's contributions were along the lines of retention/detention ponds and lands that are fairly contiguous to Dixon Boulevard; but staff has not gone far enough with the City to discuss any particulars of the project. Commissioner O'Brien inquired how much is spent a year to maintain Dixon Boulevard; with Mr. Minneboo responding he does not have those figures with him, but could provide them later. Commissioner O'Brien stated he would like to have those figures because the amount spent annually over a long period time to maintain that road may make it worthwhile to reconstruct it, because the City of Cocoa said it would take full ownership from that point, so the County's cost would go to zero.

County Manager Tom Jenkins advised several municipalities use their local option gas tax to fund their street maintenance departments; it would be prudent for the Board to prepare a financial plan that would provide for funding from LOGT to Road and Bridge Maintenance indefinitely; and it would be a mistake to do it for only a two-year period because there will continue to be a shortfall. Chairman Higgs stated doing it for two years does not preclude the Board from making a long-term decision. Mr. Jenkins stated that is fine, but he did not want the Board to think that in two years it will go away.

Commissioner Scarborough stated even though the County has gone a tremendous distance, it still has a distance to go; so the Board needs to ask staff to get involved in discussions of sales tax and gas tax. He stated the studies will help set the groundwork so the community will understand that the Board has done its homework and knows where it has to go to have a quality community as far as its transportation system goes.

Mr. Minneboo expressed appreciation to the Commissioners and staff for working so hard to come up with the projects that are extremely important to the citizens. Commissioner Voltz expressed appreciation to staff for a job well done.

Susan Hann, Public Works Director for the City of Palm Bay, stated she was pleased to hear staff developed a proposal to move forward with the projects in Column D, as the City was concerned about potentially losing those projects. She stated the projects were committed to by the Board last year; the City was in favor of those projects and felt they would provide good transportation infrastructure for its community in the South Brevard area; so the City is pleased with the proposal put forth by County staff. She stated it is a good idea because over time funding opportunities, costs, and circumstances change; so providing the Board with more information about the details of the projects is very sound. Ms. Hann advised there has been new legislation passed recently that provides three programs the County could take advantage of, perhaps in conjunction with some of the cities; those are the State Infrastructure Bank, which is a loan program; the Transportation Outreach Program, that is somewhat of a grant program; and the County Incentive Grant Program which the Board will hear more about at the MPO meeting. She offered to work with the County staff and perhaps provide joint applications for the projects that are on the list that may meet the criteria for those programs; and stated that is a way they can work together to try and provide all the projects. She thanked the Board for considering the option that will continue to address transportation needs; and stated she is optimistic that when the State includes additional projects in its work program, such as Babcock Street and some others, they will be able to work together to provide the resources to move forward with those projects.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to reaffirm and proceed with non-discretionary projects Fairglen School Pedestrian Bridge, A. Max Brewer Causeway Bridge, Carpenter Road from SR 46 to Fox Lake Road, Girard Boulevard Bridge, South Tropical Trail Bridge, South Courtenay Parkway from Magnolia to Fortenberry Road, Valkaria Road from Goat Creek Bridge, Croton Road from Johnson Jr. High to Lake Washington, Mathers Bridge, Wickham Road from U.S. 192 to Nasa Boulevard, Malabar Road from Corporate Park to Minton Road, and Port St. John West Connector Road; FDOT projects on work schedule Palm Bay Road from I-95 to Babcock Street, Palm Bay Road from Babcock Street to R. J. Conlan Boulevard, Babcock Street from Malabar Road to Valkaria Road, Babcock Street from U.S. 192 to Fee Avenue, Palm Bay Beltway Phase 1 Malabar Road to U.S. 192, Minton Road from Emerson Drive to Palm Bay Road, Ellis/Wickham/Nasa Realignment, and Palm Bay Road from I-95 to Minton Road; and transportation related drainage projects; direct the Public Works Director to complete preliminary engineering studies for Dixon Boulevard, Micco Road, Riverside Drive, Minton Road, Pineda Causeway Extension, Barnes Boulevard, John Rodes Boulevard, Ellis Road, Hollywood Boulevard, and Babcock Street from U.S. 192 to Fee Avenue; fund $1,000,000 of Road and Bridge budget shortfall from local option gas tax annual revenues, reserve remaining LOGT funds to be allocated by the Board at a later date; and adopt Resolution amending and supplementing Resolution No. 2000-010 pertaining to the County's Constitutional Fuel Tax Revenue Bonds, Series 1999; modifying the definition of initial project contained therein to include the transportation-related drainage projects; and providing an effective date. Motion carried and ordered unanimously.

Mr. Minneboo advised staff has gone through the Competitive Negotiations Act procedures to hire consultants; they have about ten right now they can select from at any time; and they will come back to the Board as soon as possible to get approval of those engineering firms as they relate to each project. He stated a strong commitment was made on the Pineda Causeway Extension, so staff will try to get that to the Board by December, 2000; however, it may not make it. He stated they are working hard, and hopefully in 18 months will come back and have good numbers and good facts.

Chairman Higgs stated it is a step forward and gets the County moving on significant projects.

REPORT AND PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING ZONING CODE FOR MAINTENANCE AND OPERATION OF COMMON OPEN SPACE IN PUD CLASSIFICATION

Commissioner Scarborough advised page 1, Section 1(a) states, "Common open space, drainage systems, private roads, and other related common facilities shall be maintained. . ."; the intention was to restrict it to recreational and common open space; and Mr. Enos has a proposed change for the Board to consider prior to advertising the public hearing.

Zoning Official Rick Enos advised staff is proposing to limit page 2, paragraph (5) to just common open space and recreational facilities, so he made that paragraph (b) instead of (5) and added "of common open space and recreational facilities" after "maintenance."

Commissioner Scarborough stated Mr. Enos showed him a good definition of common open space, and suggested, "common open space as defined in Section 62-1102," be added in the ordinance.

Motion by Commissioner Scarborough, to authorize staff to advertise a public hearing to consider an ordinance amending the Zoning Code for maintenance and operation of common open space in the PUD classification, as amended above.

Commissioner O'Brien stated his concern is allowing a nonprofit organization to take over maintenance of common open space, and the organization later closes its doors leaving the area unkempt, and the County's General Fund having to pick up the cost of maintaining it. Commissioner Scarborough stated that problem exists even with the current Ordinance; and described the problem in Fawn Lake Subdivision. Commissioner Scarborough stated the Board needs to address it with greater assurances, bonds, or some means whereby the developers would pay additional fees so the County can put additional resources into making sure they do things correctly. Commissioner O'Brien inquired if there is a solution in the ordinance for common open space, not roads or anything else, to protect the taxpayers from scams that may affect their future, such as a reverter clause where the property would revert to the homeowners association automatically. Commissioner Scarborough recommended tabling the item and staff send out the background information on Fawn Lake to each Commissioner so they will know what occurred in that scenario. Commissioner O'Brien recommended staff also include solutions in the memo, such as a reverter clause, bonds, etc. and how to solve the problem without the County being stuck with the bill.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table permission to advertise public hearing for an ordinance amending the Zoning Code for maintenance and operation of common open space in the PUD classification; and direct staff to return with a report on how to solve the problem, and send out information on Fawn Lake. Motion carried and ordered unanimously.

DISCUSSION, RE: BREVARD COUNTY SHORE PROTECTION PROJECT

Assistant County Manager Stephen Peffer requested approval of a lease with the United States Minerals Management Service for offshore sand source location at no cost, and allow staff to consider a sand source that would provide the right size sand for the project.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to authorize the Chairman to execute a proposed lease with United States Minerals Management Service for offshore sand source location. Motion carried and ordered unanimously. (See page for Lease.)

ACKNOWLEDGE RECEIPT, RE: VIERA EAST COMMUNITY DEVELOPMENT DISTRICT'S FINANCIAL STATEMENTS FROM OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 1999

Commissioner Voltz stated they are in a deficit according to the things she read; and inquired if there is any financial responsibility on the part of the County; with Chairman Higgs responding no, it is just to receive the financial report. Commissioner O'Brien inquired if it should have been under the Consent Agenda; with County Manager Tom Jenkins responding yes, it should not have been under New Business.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to acknowledge receipt of the Viera East Community Development District's Financial Statements from October 1, 1998 through September 30, 1999. Motion carried and ordered unanimously.

ACCEPTANCE, RE: INVESTMENT ACTIVITY REPORT AS OF APRIL 30, 2000

Commissioner O'Brien inquired how much money was made on the investments. He stated the report says 6.92%, which is not bad for this year; but there is a definite market variance. He stated the book value is $249 million and the market value is $247 million; and inquired if the County lost $2.2 million. He stated he tried to find out if the County made money or lost money and what was done with the investments, but the report did not give him the answer no matter where he looked.

Chairman Higgs advised the report says if the County liquidates today, based on the book amount, it would not receive what it wants because of the market conditions; but if it waits to liquidate at the end of the time frame, it would make the book amount.

Discussion ensued on different investment scenarios, bonds, earnings, yield, interest rates, inverse relationship, book amount, market value, loss or gain, duration of terms, and liquidation.

County Manager Tom Jenkins advised one column shows the percentage of the profit; and the County will get 6.92%, 7.3%, etc. in earnings if it leaves the money invested for the duration of the term. Chairman Higgs stated the investments in Freddie Mac, Fannie Mae, Federal Home, etc. are for certain time periods; the SBA has no time period or market variance because it is a demand security; and the others have market variances because of the time periods involved.

Commissioner O'Brien stated his question is if the County has a profit or a loss; with Mr. Jenkins responding it will have a profit by the percentages shown in the right hand column if it leaves the investments for the duration. Mr. Jenkins stated the average profit is 6.92% compared to 6.02% for last year; there is no dollar amount, as Finance Director Stephen Burdett referred to it in percentages; but if Commissioner O'Brien wants the dollar amounts, he will get that for him. Commissioner O'Brien stated it is important to look at dollar amounts across five years.

Discussion continued on different investment scenarios, maturity dates, unrealized gain or loss, and return of 100% on investments.

Commissioner O'Brien stated he wants to see what the profit is and where it is; with Mr. Jenkins responding the profit is spent for operations and is factored into the annual budget. Commissioner O'Brien stated he would also like to know how much the profit was and what it was spent on. Mr. Jenkins stated if it was Solid Waste's money, it would go into the Solid Waste fund, same with Water Resources and TDC, etc.; but if it was the Board's money, it would go into the General Fund. Commissioner Voltz inquired if the report is a combination of all those funds; with Mr. Jenkins responding yes. Commissioner O'Brien stated the Board deserves an accounting over at least the past five years to look at the larger picture instead of this snapshot which does not tell him if the County made money or not. Chairman Higgs advised every quarter the Board receives a report that says exactly what was invested at what yield and the maturity dates, then it gets an annual report that gives the annual figures. Commissioner O'Brien stated when he gets a report from his broker, it starts at the top with how much money he started with, what was lost or gained at the end of the month, and what he has presently; then it starts the next month and every quarter, so he can compared it all the way down the line. Chairman Higgs stated the last few pages of the report gives that information of when it matures and the unrealized gain or loss based on the current market value and the book amount; and it is more complicated when there is a time period involved other than present day. Commissioner O'Brien stated generally numbers in brackets are negative; the report shows a loss of $2.4 million; with Chairman Higgs responding that is the unrealized loss based on if it was sold in April, 2000 as opposed to holding it through the maturity date. Commissioner Voltz stated that is good information so the Board knows it will lose that amount of money if the investment funds are used for emergencies, etc.

Mr. Jenkins advised typically Finance gets a schedule from County Departments on how they are going to spend their money and what their draw downs will be, then they try to extend the investment period as long as possible to earn more interest; but they also need certain amount of liquidity which they use to pay bills on a monthly basis. He stated the interest earnings are reflected in the annual budget in each individual fund and account that money is invested for. Commissioner O'Brien stated he wants to know how much it is and where it went.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to accept the Investment Activity Report as of April 30, 2000. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - SARAH J. AYRES, RE: REBUILDING OF HOME, SETTLEMENT OF TRAILER TOWED BY SHERIFF'S OFFICE, AND SETTLEMENT FROM BREVARD COUNTY

Sarah Ayres advised her sister is hard of hearing, but reads lips; she has lived in Brevard County since 1955; her grandfather gave Joe Wickham most of the land to open Wickham Road all the way to Viera; and the County did not pay for it. She stated now they are in a predicament; their house was burned down by arson; the evidence was screwed up; they faced the arsonist and received death threats; they are getting nasty threats from their neighbors who want the land; and all of it has been over drugs put on the property. She advised they have a motor home on the property, and was told it is illegal and they have to move it; and every other person's house in Brevard County was rebuilt from money allotted by the State, but they were left out of that process. Ms. Ayres stated she asked Mr. Jenkins for a settlement for the trailer that was illegally towed by the Sheriff's Department after the fire; they cannot seem to get a settlement for the trailer or anything else that was damaged; the County illegally bulldozed the house, electrical wiring, and water lines; and there was a $100 sale of a veteran's property on the front end of their property which is in court being contested. She stated they are trying to clean up the property and need help; there has to be special exceptionality granted to put the mobile home on there; they are running into a brick wall; the motor home has wheels; and the County could rezone it to BU-2 and pay the application fee of about $700 so they can file by Friday, or make some kind of exceptionality for a holding yard. She stated they cannot do the holding yard because they would need $400 or $500 for a site plan and the $11.00 fee; so they need some kind of exceptionality to go ahead, because they have tried several ways to do something about it without success. She stated they were told to get off the property; they are having everything razed to the ground and are receiving all kinds of threats; they are trying to raze the gatehouse block by block; and they need power back which they were supposed to put back two years ago that is going to cost $300 or more. She stated it is going to cost to put the water back; they paid three water assessments that only a dozen people in the County paid; and inquired if they can see something actual and tangible money-wise to help them out, and something to pay some of the fees and leave the trailer on the property until they do something'. She stated they have over $3,000 worth of equipment they are using to work on the property; they want everything razed to the ground; they do not want any more drugs on the property; the County is picking between people who have lived here all their lives and drug dealers who want the property and want it grown up and left like that; and they want her and her sister off the property. She stated they are going to buy a judge and get the property and sell it to themselves for the price they want to pay; one person came to her and said they are going to shoot her in the head, make her a vegetable, and will get the estate from her sister because she is disabled; that is the kind of stuff she has faced in the last two weeks since the zoning complaint was made; and she can put in equipment for security, but will need power; however, she was told they cannot put power to the trailer. She stated she needs electrical power somewhere; and inquired if the Board can show her something tangible. Ms. Ayres stated she gave Mr. Jenkins some bills and have a lot more; it was illegal to do all the things that were done to them; and it put them and the Sheriff's Department as legal adversaries so they cannot get protection from the Sheriff's Department. She requested the Board remove the Sheriff and put him on administrative leave for touching the trailer and not going through the legal process; and inquired what can the Board do for them today because they are up against a time limit. She stated the Board said it could try to do some kind of exceptionality for her about the trailer; the time is running out; they said she had to get rid of the trailer and take a loss; she put about $1,000 into restoring it and sprained her arm; people who promised to help her did not show up; and inquired if there is anything substantial the Board can do to help her. She noted she has men who will clear the property for about $600 so she will not have people hiding around and spraying her and her sister at night with toxic poisoning; and the Sheriff has not arrested the arsonist and will not give them protection. She stated there were two witnesses who saw stuff being taken from the place; the Sheriff's Department and everybody left so the arsonist went off with the stuff; the house was emasculated; and they said they were sorry. She stated Brevard County is probably responsible for three massive fires in which one guy died; it has not been brought to the attention of anyone; firemen should have been called in; the FBI should have been called in; and that had association with racketeering and is drawing every Commissioner into the rotten situation. She stated either the Board has to support them or the drug dealers of Brevard County; the dealers are the ones who have the money, but she is the one who has lived here since 1955 and contributed to the County to help it get over the railroad tracks to make Viera, and worked with disabled children for 15 years; now she needs help and is being turned down and not getting anything substantial, no help, no money, nothing that other people have gotten; and inquired what can the Board do for her.

Chairman Higgs inquired if that is what Ms. Ayres needed to tell the Board; with Ms. Ayres responding she needs to get an extension on the zoning matter also.

Ms. Ayres' sister advised they did not get everything done they needed to get done before the meeting because she was sick; she needs a heart valve replacement; her doctor has suspicions that she was being poisoned, but they could not figure out how; and apparently it is poisoning from what they are spraying on the drugs and the property which is some kind of chemical toxins. Sarah Ayres stated there is malathion and another chemical which they spray at night on the trailer and the property; she has chased them off several times and knows where it is coming from; and she has been trying to get pictures of them, but needs electricity. She stated they load the drugs there and spray them with chemicals to keep the roaches off.

Chairman Higgs asked staff to explain what has been done, and if there is anything additional the Board can do to assist Ms. Ayres.

Assistant County Manager Don Lusk advised they have a meeting scheduled tomorrow with Ms. Ayres and her sister at 3:00 p.m.; the various parties will be there to go over the arson issue and other issues she has raised; and Bernice Jackson and her staff will talk about the various types of assistance that may be available to Ms. Ayres. Chairman Higgs stated all the agencies involved who could be of assistance will meet with Ms. Ayres and her sister tomorrow; and if the Board needs to take further action, staff will bring it back. She advised Ms. Ayres to be at the meeting and bring as much information as she can that would be needed to determine what assistance she needs. Ms. Ayres stated they need some time; with Assistant County Manager Peggy Busacca responding there is a Code Enforcement issue with the motor home on the property that is not properly zoned; and Ms. Ayres was given a certain time period to come into compliance. Ms. Ayres stated they cannot come into compliance unless the zoning is changed to BU-2; the fees have to be in by Friday to get it on the September agenda; it has to be made a holding yard; and that will entail an $11 fee and $400 drawing of the use.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant two weeks abeyance on the Code violation for Ms. Sarah Ayres, to facilitate a meeting with staff and a report back to the Board.

Ms. Ayres inquired if that would abate the fee or will it be forgiven; with Chairman Higgs responding it will give additional time to get a staff report and sort out what types of issues the County may be able to address.

Commissioner O'Brien stated the Board recognizes that certain people have serious problems, but the cause of the fire was totally undetermined; and they could not determine if it was arson or not. He stated Ms. Ayres was asked if she received funds from an insurance company for the loss, and she said no, the money went to someone else; and inquired if she has been issued a deed to the property; with Ms. Ayres responding they have a deed to part of the property. Commissioner O'Brien stated Ms. Ayres claims the County Property Appraiser's Office will not accept her method of acquiring the property; and inquired if that is true; with Ms. Ayres responding it is true for the upper part of the property which was issued a deed for the $100 sale of a veteran's property. Commissioner O'Brien inquired who was the deed issued to; with Ms. Ayres responding a trust; and the County let the sale go forward. Commissioner O'Brien inquired if the property is not in Ms. Ayres name; with Ms. Ayres responding the deed on the upper half of the property is not legal for five years according to the law. Commissioner O'Brien inquired if that is Ms. Ayres' deed; with Ms. Ayres responding it is their deed that is not legal for five years. Commissioner O'Brien inquired if Ms. Ayres has a deed to the property; with Ms. Ayres responding yes, there are two pieces of property involved and they have a deed on the lower half which is being held in the estate. Commissioner O'Brien inquired the estate for whom; with Ms. Ayres responding her grandmother; and if they convert it, there will be capital gains and litigation because they are direct adversaries with the County. Commissioner O'Brien stated Mr. Ford will not accept Ms. Ayres' method of acquiring the property and will not give her a title to the property. Ms. Ayres stated she already has title to the bottom half of the property in the estate of her grandmother who died in 1979. Commissioner O'Brien inquired if Ms. Ayres fears that she and her sister are being stalked and would not give staff the address or phone number; with Ms. Ayres responding they gave a box number and do not have a working telephone at this time. Commissioner O'Brien inquired if it is true that the Housing staff has not received an application to determine eligibility for replacement housing; with Ms. Ayres responding they ended up over a three-year legal fight which was part of a ten-year legal fight when they brought a note against her mother who did not own the property. Commissioner Voltz indicated the Board does not need to question Ms. Ayres right now. Chairman Higgs agreed, and advised Ms. Ayres and her sister to attend the meeting tomorrow with staff. Ms. Ayres asked Commissioner O'Brien how did her mother own the property; with Commissioner O'Brien responding he has no idea, but knows she does not own it. Chairman Higgs stated those issues are land sales and land transfer issues the Board does not have information on to deal with today; staff will assist Ms. Ayres as best they can at the meeting tomorrow; then staff will get back to the Board if it can provide additional assistance. Ms. Ayres requested someone pick them up to attend the meeting; with Chairman Higgs advising her to talk to Bernice Jackson to see if she can be of assistance.

Chairman Higgs called for a vote on the motion for a two-week abeyance. Motion carried and ordered unanimously.

PERSONAL APPEARANCES - VICTOR AND JEANETTE BARRETT, RE: CIVIL RIGHTS VIOLATION

Victor Barrett advised he is a recipient of the First Time Homebuyers home on Thomasville Avenue in Palm Bay; and that is where the problems began. He stated they were given the run around from the beginning as to their eligibility for buying a house under the First Time Homebuyers Program to the extent that he had to contact County Manager Tom Jenkins who intervened on their behalf; and immediately a time and date was set up for him to attend a class to be eligible for the program. He stated he had no problem with the class except that he traveled back and forth at least a half a dozen times or more approximately 170 miles one way, and has congestive heart failure, diabetes, and high blood pressure, and had two heart attacks. He stated that did not mean anything to the people in the First Time Homebuyers Agency until he met a very nice gentleman named Sam Dettra, who is now gone; and he is saddened by that because Mr. Dettra knew what he was doing. Mr. Barrett advised he read some of the letters Chairman Higgs asked be directed to her upon an investigation that he and his wife requested; he is concerned about the cover-up he read in those things, not on the part of the Chairman, but on the part of those who responded; and he has documentation to prove each and every charge he is going to make today. He stated if he cannot get through all of his charges, he would request that the people he does charge be brought up for a special hearing before this Board. He stated he is prepared to go under oath and suffer the consequences, and hope they are also. He stated the Board was elected by the people; he and his wife are the people; they came to Brevard County to live as citizens and contribute to the community; but they have been brow-beaten, lied to, and subjected to falsehoods. He stated there have been private hearings and meetings by members of the First Time Homebuyers Agency without them there; there is a case in court because somebody wanted to extort money from them for work he never completed and never did; it was aided and abetted by one of the inspectors, Frank Falotico of the First Time Homebuyers Agency, who wanted his house from day one; and he has that in writing. Mr. Barrett stated he wants it on the record and that a hearing be conducted so people can see the true minutes of what will take place. He stated he can prove what he is saying; he has evidence of Mr. Falotico having private communications with the man who wanted to extort money from them and steal their property; he stated that and called them filthy names; he went into court and lied; and the judge accepted his lies and totally ignored him. He stated there were private meetings and discussions between Mr. Lusk and the judge, Mr. Trigg, and Ms. Brautigam from the County Attorney's Office. Mr. Barrett stated whenever he is being discussed, he has a right, under law, to be present to protect his interest and rights; he moved to Broward County and loved it until it changed; corruption became the byword from the court system to the cop on the beat; so he came to Brevard County and found that it is running a close second to Broward County and may be worse. He stated the Board has a duty imposed upon it by law; it is the legislative authority of the County placed there by the people; and anyone who lies in a document, whether it is sworn to or not, should be held accountable. He stated he would not have anybody go to a judge in a court case if he cannot be there to argue his defense; and that is what happened to them. He stated the Board may think it has no authority over the courts, but it does according to the law; it has the authority to hold the funds for the courts if they commit improper and biased actions against people of the County; and there is a problem here in Brevard County not only for him. Mr. Barrett stated he has to live in fear that one day someone will take away his home; he is not sure the Board wants that to happen after being so generous to them; and it was given to them, not out of the goodness of their hearts, but because the County investigated them and found they were indigent, retired, and disabled. He stated he has in his possession and will produce and send a copy to each Commissioner, where he charges anyone meeting with a judge outside of the court has violated the law; no judge has the right to step down from his bench and have a private conversation with anyone; that is tampering with justice and obstruction of justice; and they have witnesses who saw that. Mr. Barrett stated he does not use four-letter words; the person who did is the one who is trying to steal his house; he had to call the police to get him out of his house; and that person was supposed to do work in his house, but butchered the job. He advised Florida Statutes, Chapter 934 is the same as Title 18, Section 1512 of the Federal Regulations dealing with tampering with witnesses and obstruction of justice; it gives a further option that is not in the State laws if he files a lawsuit; the people he talked about must be brought up on charges under the Federal Regulations; the District Court holds authority over that; and he does not want to go that route because he will be 74 next month and is disabled. He advised of his visits to the Veterans Clinic and amount of medication he takes daily; stated he will not let anyone steal their home from them; they pay the mortgage from his pension; and the Board has a responsibility not to take the lies by Mr. Lusk who has been doing it with a smile every time he spoke to him, or by Ms. Brautigam who never spoke to him but went to his witness and told her not to meet with him or his wife. He stated that is unlawful, illegal, improper, and un-American; and it cannot be tolerated in this country.

Chairman Higgs asked Mr. Barrett to wrap up his presentation as his time had expired.

Mr. Barrett stated one more thing is the government in the sunshine law; it is based on Florida Statutes 286.011, which says any meeting with anyone on the Board or anyone in office with their attorney is not privileged whether the attorney is the county attorney or an attorney retained personally; and paragraph 3, section (b), subsection (3) clearly states, "any consultation with legal counsel subject to the Sunshine Law." He stated people may not agree with him, but he goes by what the law is; he is a pro se type of litigant, which means he is his own attorney; in a courtroom he is an attorney higher than an attorney at law because the people are the law. He stated he is angry; if he is offensive, he apologizes; if people do not like him they have that choice; he does not dislike the Board; and begged it to uphold its position. He stated the County can grow immensely in the years to come, and he hopes to be a part of it.

Jeanette Barrett advised they were before the Board a month or so ago and met with Chairman Higgs; the County granted money to them to get the house under the First Time Homebuyers Program; the handyman they hired quit twice; she let him come back because they had nobody else at the time and he begged them and said he would do the job properly; however, she should not have let him back in the house, and it is her fault. She stated he had no signed contract with the County or them; he was supposed to do a certain amount of work for a certain amount of dollars; he never completed anything that had to be done in the house; he quit the first time on December 24, 1999; she gave the Homebuyers Agency a list of the money they put out; and at that time she saw Frank Falotico who was on the phone for over half an hour with Mr. Chapman who was their handyman. She stated she has copies of letters Mr. Falotico sent to the mortgage company saying the company would be responsible for the $15,000 if the house was not fixed, so it would not close on the house; and the mortgage company was not going to close on it, but Ms. Rosa sent it a letter saying Mr. Falotico was wrong. Ms. Barrett advised Mr. Falotico was the inspector and never told her Mr. Chapman came to him; through discovery she found out that Mr. Falotico was Mr. Chapman's witness in court; and the County had nothing to do with it, yet Mr. Falotico was his witness. She stated Mr. Chapman presented letters that Mr. Falotico faxed to him; Mr. Falotico was taken off their project at their request at a meeting with Ms. Jackson and Mr. Trigg because he worked against them from the beginning; so Ms. Jackson had him removed and they had Chuck Mays who is the head of the inspectors. Ms. Barrett advised before they went to court, it was a done deal; they did not have their witnesses because they thought it was going to be postponed; the judge got Mr. Falotico on the phone and asked him why he left the job; and Mr. Falotico said she and her husband made it hard and he could not deal with them, but that is not why he left, he left because they asked that he be removed.

Chairman Higgs asked Ms. Barrett to wrap up her comments as her time expired.

Ms. Barrett stated the bottom of the final judgment was based on what Mr. Falotico said; Mr. Chapman claimed he used 25 gallons of paint to paint the inside of their house, which is unbelievable; he presented a paper saying he used white primer which he never used; Ms. Jackson came through the house and saw that he used blue primer which is what is used on automobiles; and that is why the paint would not stick to the walls. She stated the County Commission is taking a position that it has nothing to do with this, but it does because Mr. Falotico works for the County and because of him they are in this position; and they would not have had a problem if the man did not go before the judge and tell a bunch of lies before they even got to trial. She stated she asked Mr. Chapman for references, and he gave the judge first names of two people he worked for before; and he would not give the last names because he did not do anything for them. She stated the judge asked him what he did before and he said he was an auto mechanic; and that goes back to the blue primer he used. Ms. Barrett stated they need help; they do not have the money to pay for it; there was a lawsuit instituted by Mr. Chapman that he can take the house from them through foreclosure; and she does not know if the County wants to give their house to the guy who butchered it. She stated anything the Board can do for them will be appreciated.

Chairman Higgs asked the County Attorney, since there are several litigations involved, if he could give the Board advice on how to proceed. She stated the Board has staff's report and requests from the Barretts today for further review; but it needs to have legal advice. County Attorney Scott Knox recommended he provide legal advice by memo because he needs to look into it further as he has questions based on what he has read.

Chairman Higgs advised Mr. and Mrs. Barrett that the Board will get information from Mr. Knox on how to proceed legally on the issue in approximately two weeks.

PUBLIC COMMENTS - MARLENE WATERS, RE: OLEANDER POWER PLANT

Marlene Waters stated she is disturbed by the events that have taken place in the past week; the reason for laws and rules is to maintain order within the community; and there are elected officials who are to ensure those rules are made fair and that they are followed. She stated it must be nice to have a development that can go back to December 14, 1998, pick rules it wants to use, use new rules that are of least resistance, and put them together to have the best of both worlds; for example, building a simple cycle turbine instead of combined cycle, so they do not have to go under the Power Plant Siting Act or under the public interest determination rule. She stated she does not recall throughout the Oleander fiasco having ever stood up and talked or that the Board discussed whether or not the project was in the public interest; it is not in the stipulated settlement; and it does not say, due to overriding public interest the plant should be built and destroy wetlands. Ms. Waters advised in February, 2000, Mr. Scott Knox was asked by the Office of Natural Resources should the project go under the old rules of December 14, 1998 which require a public interest determination for wetlands; and Mr. Knox said yes, the agreement is clear they should have to go under that review process; so staff took steps up to July 7, 2000 to do that. She stated Oleander submitted a petition and points to prove they were in the public interest, such as no feasible alternative and various other facets that were in the old rules at the time; but on July 7, 2000, their attorney spoke with the County Attorney and was advised that the County does not need to do a public interest determination. She stated on Friday she spoke to Debbie Coles who said the County Attorney said the public interest and wetlands issues were decided, and it is clear in the stipulated settlement those have already been addressed. She stated on Monday they got another thing which said there were so many changes to the site plan that it has not been addressed in the stipulated settlement; and since there is nothing in the stipulated settlement that addresses changes to the site plan, they can go under the new rules; so there is something wrong somewhere. She stated they either go under all the old rules or all the new rules; it does not make sense to allow developments to pick both; the stipulated settlement says they will follow the rules that were in place on December 14, 1998; and Jim Stadlick, Plans Examiner, said there has been at least three engineering drawings submitted on the plant, so there has been significant changes throughout. Ms. Waters stated because the changes do not require a public interest review, the people do not know what they are; the Board does not know what they are; they do not know if the changes are in agreement with the stipulated settlement on every point; the only thing they have is one rule from December 14, 1998, that says they have to do a public interest determination when destroying wetlands; and it does not say how many wetlands. She stated those are the rules that need to be followed; and inquired, if it is such a great project, why not have a public interest determination.

Commissioner Carlson stated Mr. Knox needs to explain why the item was put on the Agenda, and why it has taken the course it has.

Commissioner Scarborough advised Mary Todd, Doug Sphar, the Presidents of Canaveral Groves and Port St. John talked to Mr. Knox on the phone and articulated additional questions; his office is receiving a lot of questions on what occurred and why it occurred; so it may be prudent to come back and discuss it fully. He stated he does not mind Mr. Knox talking today, but other people are not going to be satisfied since they are not here to ask their questions.

Commissioner Carlson stated the Board has gone through it; it took a long time to come up with the Agreement; the Board is not in the business of reviewing site plans and has never done that; they can make additional site plan changes which is perfectly legal; and those are reviewed by the engineering staff. She stated the issue is about bringing it back after it had gone through mitigation and everything; it seems counterproductive; but Commissioner Scarborough thinks there is a big enough group who want to ask the same questions that were argued previously. Commissioner Scarborough stated at the end of every meeting there is public comments where people can have their questions answered; the Board can get into it this afternoon if Commissioner Carlson wants to, but it may be beneficial to allow the entire group of questions to be heard simultaneously. Commissioner Carlson suggested the group put a list of questions together for the County Attorney to answer and bring it back to the Board if there is need for further discussion. Commissioner Scarborough stated Ms. Todd has put together a letter, but in her conversation with Mr. Knox on the phone she asked new and different questions.

County Attorney Scott Knox advised after the conversation with Commissioner Scarborough yesterday and the people in his office, he was under the impression there would be a series of questions that would be asked relating to how this came about and what happened; but given the nature of the questions that were being asked, it would probably be better for him to answer those in writing so the Board will get a clear answer instead of him trying to articulate what the question was and responding to it. Chairman Higgs inquired if the questions are in writing; with Commissioner Scarborough responding Ms. Todd has a letter and they were working from that letter, but Mr. Knox's responses to the questions led to additional questions. He stated the Sierra Club is not represented today; and inquired if the Board would afford them and anyone else the same opportunity to ask their questions. Commissioner Carlson inquired if the Board wants written comments from the County Attorney, and if the people are not satisfied with that, to come back under public comments, or does it want to make it an agenda item. She stated the Board has hashed it out fairly well, and now it is trying to cross t's and dot i's. Commissioner Scarborough stated their questions are different; they are not asking for a rehearing on what occurred, but procedurally what has occurred with the concept by Oleander and staff that it had to be heard, then a reversal of that concept. Commissioner O'Brien stated if the Board does not want a rehearing and it is just a procedural question, Mr. Knox can answer that question in writing and give it to those who have questions about the procedure. Commissioner Carlson stated that is fine, and copies should be provided to the Commissioners. Commissioner Scarborough stated he feels the people want to discuss the matter before the Board; there is no problem having Mr. Knox address the questions, but they will want some time before the Board; and that is the only way to bring it to closure. Commissioner Carlson stated that is fine, but give them the answers and deal with it thereafter. Chairman Higgs stated there will be a desire for it to be a public discussion of the issues involved, but the Board needs the answers. Mr. Knox stated the Board will need the answers to give it a framework to talk about, otherwise it will go off on tangents.

PUBLIC COMMENTS - VICTOR BARRETT, RE: ANTITRUST LAWS

Victor Barrett inquired if it is possible for the Board to explore antitrust laws that are being violated in the County and the country regarding gas prices which have leaped from 84 cents to over $1.60 cents a gallon. He stated something is not right; maybe it should require a reduction in taxes from the County; he is indigent and it is a burden and strain on his budget; and the other problem is the price of groceries. He stated the Commissioners are the County's legislators; they are the only ones the people have to come to requesting justice; and maybe a letter or resolution from the Board to the State Attorney General prompting him to get up a class action suit against the gas companies and supermarkets may help. He requested the Board consider drafting a resolution.

Chairman Higgs instructed the County Attorney to draft a response for the Board on any standing it may have with the Attorney General regarding gas and food price issues, and get that back to the Commissioners.

PUBLIC COMMENTS - CRAIG BOCH, RE: OLEANDER POWER PLANT

Craig Boch presented documents to the Chairman, and requested they be included in the public record of today's meeting. He stated they concern the Oleander issue; most of them are letters that have been sent to and from the County; and there are a lot of important information in them that he would like to share. Chairman Higgs advised she will give the documents to the Clerk who determines what will go into the public record.

Mr. Boch advised he lives about two miles from the fallout area of the proposed power plant's pollution; maximum particulate are very close to his home; he works for Florida Power & Light Company but is not representing Florida Power & Light Company; he has a daughter with asthma; and he has put his dream house up for sale since it seemed they would lose the battle. He stated he is somewhat encouraged because he feels the Board will do the right thing at this time, and the law will prevail. He stated at a previous meeting he was told by the County Attorney that the stipulation agreement had never been called anything else; the notes the Board has calls it a binding site plan agreement or something of that nature; that is what John Harris argued for Brevard Citizens Against Pollution (BCAP); but whatever the name, it still is that agreement and by law there is supposed to be two public hearings, one before the LPA and one before this Board. He stated that was not done before the stipulation agreement was executed to his recollection; he understands the threat of a lawsuit put forth the stipulation agreement; and they are looking further into that situation. He stated they are very troubled about the three notes that Ms. Waters talked about; one stated definitely that there had to be public interest input; but it was the opposite when Commissioner Carlson pushed the moratorium, because there would be no public hearing. He stated if the County did not have that moratorium, they would have gone under the old laws and the people would have had a public hearing; and maybe that is the way it should have been done because of the wetland issue. Mr. Boch stated now they are in a situation where Oleander says put the site plan and stipulation agreement under the old rules; they cut out one section in one of the revisions in the southwest to save some wetlands and make it a little better; but County staff said that is not a major change and was just an amendment. He stated from a memo written by Mr. Knox, they understand Oleander is going to move two tanks; they were told back then that if they moved any structure, that would change the site plan totally; and from his understanding and some legal reading of that stipulation agreement, it included that specific site plan under the old rules; however, according to the County Attorney, they do not have to have a public interest hearing and they can pick and poke, and anything that comes back new can go under the new regulations and anything old under the old regulations. Mr. Boch stated Oleander cannot have it both ways; and requested the Board make that judgment in a motion to either accept it as it is written in the stipulation agreement under all old regulations including a public hearing for wetlands or bring it all under the new regulations because of the changes to the site plan. He stated the Board would not be representing its constituents and would not be fair by the law to allow them to pick and poke; and it seems like a company is running the government business. He stated in the packet are three letters that came from the County Attorney with varying opinions in a short period of time; there are responses to whether there is a public interest, including if they serve power to Brevard County; he understands none of the power will go to Brevard County; and he included options to purchase real estate in the packet. He noted the options are between Constellation and the people and not between Oleander which is a separate company, so the original application was not fulfilled properly because it was not with Oleander who does business in the State. He stated there seems to be some litigation now on that matter; and he does not know the exact amounts, but he did read about it.

Chairman Higgs advised Mr. Boch's time has expired; and inquired if the Board wished to give him additional time. Commissioner Scarborough stated since it is at the end of the meeting, Mr. Boch should be allowed to conclude.

Mr. Boch advised he handed out Section 62-1151 of the Brevard County Code and made it part of this meeting along with Codes 1979 and 1420.23 which say the Board needs two public hearings. He stated they do not believe it was proper to make the stipulation agreement; it was not advertised properly by the County; and it catered to the needs of the power plant in lieu of a lawsuit. He stated that is what they asked for and should be held to; but Mr. Knox made a determination on the wetlands that whatever change they make with the wetlands they can pick and poke and it will go under the new rules. He stated he has seen the Board hold hearings on .12 acre of wetlands; it is still .19 acre even with the movement of the tanks; and inquired if moving the tanks changed the site plan and relegated the stipulation agreement as no good. He noted he would like to have that question answered by the County Attorney. Mr. Boch advised Constellation Power wrote a letter to Mr. Rich talking about the power they supply to Seminole; they talked about two other sites they had; in the public hearing it says they had to have this site because it could not be replaced; but now they are talking about the Anderson substation in Sumter County and Silver Spring North substation in Marion County. He stated it would be wise for Constellation to move to Seminole; and if they are going to sell power there, they need to put their substation there. He stated the Seminole Electric sheet shows clearly that it does not serve Brevard County; but it serves other counties where they have sites. He stated on August 9, 1999 Commissioner Carlson said there was no evidence to support the power plant's down side, yet she stated today she heard the information over and over again; anyone with an open mind would know there is a lot of down side to the power plant, including tons of pollution, 12 jobs, immense water wasting, and simple cycle technology instead of advanced combine cycle, in order to avoid the Public Service Commission. He requested the Board not only discuss it but make a motion to either go with the old rules or the new rules and not mix the two because it is not right, and the Board is not representing the people that way.

Chairman Higgs advised Mr. Boch that the Board will get the information from Mr. Knox and determine how it wants to move forward and what kind of hearings it wants.

County Manager Tom Jenkins advised Emergency Management Director Bob Lay is hosting General Harrison and could not get back to the meeting; however, he provided some information. He read the information that, the program stresses communities; they can design the program to be whatever they want it to be; the emphasis is on building partnerships within the business and private sector, and on setting up a business alliance; it gives priority to discretionary funds that become available; it provides for some seed money, but no set amount; local agencies are supposed to be willing to participate financially; SBA is supposed to provide 3% for business issues; it allows the use of any State mitigation resources program staff; Department of Community Affairs staff recommended Brevard County; the County is on a shortlist with four or five other jurisdictions; and it will require a letter of interest. Mr. Jenkins advised regarding Deerfield Beach, apparently it chose to float a bond to do its mitigation projects, but he does not have a lot of details about that issue.

Chairman Higgs stated she does not have a problem sending a letter of interest; and if Brevard County gets into the program, it can evaluate the specifics at that time.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to authorizing sending a letter of interest for the project impact program.

Commissioner Carlson stated if Brevard County is not selected, the Board will not have to take further action. Commissioner Scarborough inquired if the letter can be rescinded in two weeks; with Mr. Jenkins responding yes. Commissioner Voltz stated the Board does not know what the whole thing is about or what it is going to cost; and until it does, she cannot support it. She stated she supports the mitigation process, but does not have enough information to support this program. Commissioner Carlson stated the County is looking at this to get some form of assistance to allow the local mitigation strategy to really mean something to the County; and this is only an interest letter and not condemning the County to a fate of financial responsibility.

Chairman Higgs instructed the County Manager to put together an in-depth explanation to the Board in writing so it will have the specifics.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioners Scarborough, Carlson, and Higgs voted aye; and Commissioners O'Brien and Voltz voted nay.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 12:29 p.m.

ATTEST:

NANCY HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
(S E A L)