October 30, 2001

The Board of County Commissioners of Brevard County, Florida, met in regular session on October 30, 2001, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Susan Carlson, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

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

Commissioner Susan Carlson led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the Minutes of August 21, September 4, and September 11, 2001 Regular Meetings, September 20, 2001 Emergency Meeting, and September 25, 2001 Special Meeting. Motion carried and ordered unanimously.

PRESENTATION, RE: BREVARD HISTORY BOOKS

County Manager Tom Jenkins advised Douglas Henderson from the Historical Commission has a presentation.

Douglas Henderson, Chairman of the Brevard County Historical Commission, thanked the Board for the line of credit it advanced and for the support it has given the Historical Commission in getting Volume 3 published. He stated copies of Volumes 1 and 2 have been given to the Commission Offices; this is the final volume; and they would not have gotten it done without the Board's support. He introduced Elaine Liston, Bob Gross, and Eleanor Downes, members of the Historical Commission; and advised the book is available for sale at the Agriculture Center and Florida Historical Society in Cocoa at the old Post Office building.

Chairman Carlson expressed the Board's appreciation to the Commission for its hard work in putting together the entire series; and noted it will be good reading.

REPORTS, RE: HUMOR IN THE WORKPLACE

Commissioner O'Brien donned a red nose and a colorful wig to emphasize humor in the workplace.

REPORT, RE: EXTRAORDINARY ACCOMPLISHMENTS

Commissioner O'Brien advised some people from Brevard County do extraordinary things; Melbourne Central Catholic's Patrick McCahill, now a freshman member of the golf team at Lehigh University in Pennsylvania, had two holes in one during a practice round in Endicott, New York; and his older brother Francis is the #1 golfer at Stetson University.

REPORT, RE: THINGS

Commissioner O'Brien advised this is the first Halloween since 1974 to have a full moon; and the next full moon on Halloween will be in the year 2020.

Commissioner O'Brien advised the ballpoint pen came on the market in 1945; and today the "Fonz" turns 56.

REPORT, RE: RED RIBBON WEEK

Chairman Carlson advised the Board recognized October 23 through 31, 2001 as Red Ribbon Week to promote a healthy and productive lifestyle with a clear message of being drug free. She stated all the schools will be recognizing Red Ribbon Week; and Prevent of Brevard is providing the theme To Celebrate a Drug-free Life, for this year's positive community celebration.

REPORT, RE: EXPRESSION OF APPRECIATION

Chairman Carlson advised a waterspout touched down over the river, moved inland, and struck the Riverway Condominiums on October 25, 2001; and commended the response of Brevard County agencies. She stated Brevard County Fire Rescue was on the scene within two minutes assessing the damage and checking for injuries; Charlie Burton, Assistant Director of Road and Bridge, arrived shortly afterwards as did Bob Lay, Director of Emergency Management, and the Sheriff's Office, Code Enforcement, and American Red Cross provided assistance. She stated it was a tremendous coordinated effort; and thanked everyone involved in that event, especially Mr. Burton who had his crew out there to put tarps over the homes that had holes in the roofs.

REPORT, RE: PROJECT IMPACT UPDATE

Chairman Carlson advised she asked Mary Bolin, Project Coordinator, to give the Board an update on Project Impact.

Mary Bolin advised Project Impact/Brevard Prepares is in its sixth month; it has up to 70 partners as of today; to under the significance, Volusia County, which started at the same time as Brevard County, has seven partners; and that will give the Board an idea of how Brevard County is forward thinking on preparing for disasters. She stated they have been working hard in Brevard County, and have been designated as forward thinking because of the logo, which was personalized for Brevard County; and FEMA staff picked up on it and is now using the logo for its nationwide training for project impact communities. She stated they did a lot of activities during Project Impact Week; FEMA picked up on it and forwarded to Washington, D.C., but Brevard County's Cape Canaveral Fire Department, which got on the front over of the International Fire Chiefs Association Newsletter. Ms. Bolin advised they are doing great things in Brevard County because of their forward thinking; they are building partnerships among businesses, municipalities and the County; and an example is Waste Management's situation, which they wanted to talk about. She stated they had a hazard they had no control over; they have a sterling disaster plan, but the problem was outside of their fence; and they discussed it and found a solution. She stated they found that whenever a storm is imminent three days before landfall, everyone in Brevard County decides to trim their trees; and that produced stress on their time, energy, staff, and equipment to try and remove all the piles of tree branches and palm fronds before they became airborne. Ms. Bolin stated because of Project Impact, they have a solution; they are going to do a Countywide trimming the trees campaign in the Spring; and they will bring in the partners, have nurseries show people how to do it, and bring in hardware stores such as Home Depot, which is one of the partners, to show the different equipment they can use; and Keep Brevard Beautiful will use its vast volunteer base to get the word out. She stated this is a hazard in Brevard County that now has a solution; and it is one of many projects they are going to do.

Chairman Carlson stated the County could not get to all of it if it was not for Mary Bolin; she is excited about it and has brought Project Impact a long way since the mitigation board a few years back; and it has made some differences. She expressed appreciation to Ms. Bolin for her outstanding efforts.

REPORT, RE: FOOD DRIVE

Chairman Carlson advised the County had a food drive that ended last week; it was very successful; and thanked the County volunteers who worked at it for a job well done. She stated they collected 18,000 food items for Brevard's needy in comparison to the traditional Thanksgiving food drive which nets about 3,000 items; and expressed special thanks to SCAT employees for their continued work in picking up and delivering the food to the Sharing Centers.

REPORT, RE: HANDLING OF SUSPICIOUS MAIL

Chairman Carlson advised she received an email on a seminar on handling of suspicious packages and how individuals and businesses should handle suspicious mail. She stated it is sponsored by Melbourne Police and Fire Departments, planned for November 5, 2001 at Melbourne Auditorium on Hibiscus Avenue, and will be repeated five times on that day, 9:00 a.m., 11:00 a.m., 1:00 p.m., 3:00 p.m., and 6:00 p.m. She stated the seminar is free and open to the public; it is being sponsored because of continuing requests to emergency services agencies for information on safe handling of suspicious packages; and additional information can be obtained by going on line to melbourneflorida.org or calling the County offices.

REPORT, RE: NEW LOANS TO SMALL BUSINESSES

Chairman Carlson advised since the disaster of September 11, 2001, new loans have become available to small businesses that have been hurt by the disaster; and the U.S. Small Business Administration began making low-interest disaster loans available to small businesses in Brevard County and elsewhere. She stated small businesses may apply for economic injury disaster loans of up to $1.5 million each if they suffered substantial financial losses from the aftermath of the September 11 disaster; and the maximum interest rate is 4% with a maximum term limit of 30 years. She stated the filing period for the loans will begin on Monday and end January 21, 2002 for those who are in need.

REPORT, RE: TRIBUTE TO AMERICAN HEROES

Chairman Carlson advised the Tribute to American Heroes is an event coming up on Veterans Day to honor our Nation's firefighters, police officers, paramedics, and armed forces in a special celebration. She stated it will be held at Space Coast Stadium; the gates will open at 5:00 p.m. on Sunday; the program will start at 6:00 p.m.; admission is free but requires a ticket for every individual; and the tickets are available at the public libraries, Parks and Recreation offices, and County Commissioners Offices. She stated it is a total contribution of time and effort from the Marlins Stadium folks; they requested no coolers or backpacks in the Stadium; and the concessions and souvenir stands will be closed. She stated more information can be obtained by calling 637-5435; and encouraged everyone who is interested to come out and recognize our folks in uniform.

REPORT, RE: ELECTION DAY

Chairman Carlson encouraged everyone to go out and vote on November 6, 2001, as it is an important election. She stated three Charter amendments are on the ballot; some people have heard about them; and encouraged everyone to be completely educated before voting on those amendments.

Commissioner Scarborough stated he received phone calls asking why the Board is proposing the amendments; and for the record, the Board did not propose the Charter amendments and in fact, challenged their legitimacy in the courts. He stated people need to study them well before voting.

RESOLUTION, RE: PROCLAIMING SPECIAL NEEDS WEEK

Commissioner Higgs read aloud a resolution proclaiming November 4 through 10, 2001 as Special Needs Week in Brevard County.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution proclaiming November 4 through 10, 2001, as Special Needs Week in Brevard County, and encouraging citizens to renew their commitment to people with disabilities, recognize the importance of building independence, strive for greater social integration, and accept those with special needs. Motion carried and ordered unanimously.

Commissioner Higgs presented the Resolution to Lisa Kimler, Vice President of Hidden Potentials, who thanked the Board, on behalf of their Board of Directors, for recognizing Special Needs Week.

Ms. Kimler stated Hidden Potentials is a nonprofit organization dedicated to working with parents, caregivers, and therapists to enable children to reach their fullest potential. She stated their mission is to provide individualized one-on-one specialized instruction, tutoring, and early intervention to children with disabilities such as autism, learning disabilities, cerebral palsy, and Down Syndrome, as well as regular education children. She stated they do that by providing specialized in-home instruction with regards to academics, functional communication, self-help, play, and social skills; and they use positive reinforcement to motivate children to learn from their specialized program that is individualized to that child. Ms. Kimler advised the program has been in existence over five years and is very successful; autistic children who had never spoken are beginning to speak and express their needs, wants, and concerns; children with developmental delays are learning to feed and dress themselves and act appropriately in social situations; and children with learning disabilities are becoming more successful in the classroom thanks to the dedication of the parents, facilitators, and teachers. She stated while it may sound like small accomplishments, they are huge tasks for those individuals. She stated in conjunction with Special Needs Week, Hidden Potentials has some important projects and events that are occurring; and they have coordinated a disability awareness training program with CARD, which is the Center of Autism and Related Disabilities, and the Brevard County Sheriff's Department. She stated Sheriff Williams has proceeded in making the training mandatory for all road officers and other employees throughout the County; and he has encouraged other police agencies to come on board, resulting in an invitation from the Titusville Police Department to also do the training there. She stated this will be an ongoing project for Hidden Potentials above and beyond this week. Ms. Kimler advised Hidden Potentials will also provide sensitivity training to teachers and students in public and private schools during Special Needs Week; and this week will launch a special needs ministry at a local church in Melbourne. She stated recognizing the need within their own congregation and also in the community, the church reached out and received extensive hands-on training from Hidden Potentials program director so that families can come to one place and worship together. She stated the week will end with two special events; Hidden Potentials will host "Take a Walk on the Wild Side," which is an awards dinner at the Brevard Zoo; and the awards will be handed out to recognize individuals and businesses who made a significant impact on the lives of special needs children and adults in Brevard County on November 9, 2001. She stated on November 10, 2001, together with Hidden Potentials, the Brevard Zoo will be recognizing Special Needs Week by offering discounted rates for individuals with special needs and their families; and thanked the Board for the Resolution and recognizing the special individuals.

Chairman Carlson stated the Board appreciates everything Hidden Potentials is doing, and hopefully lots of children will get out to the Zoo and enjoy it.

RESOLUTION, RE: PROCLAIMING NATIONAL EPILEPSY AWARENESS MONTH

Chairman Carlson read aloud a resolution proclaiming November, 2001 as National Epilepsy Awareness Month; and advised the resolution will be sent to the Committee for Epilepsy Awareness.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Resolution proclaiming November, 2001, as National Epilepsy Awareness Month. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING SPIRIT OF BREVARD WEEK

Commissioner O'Brien read aloud a resolution proclaiming November 10 through 17, 2001, as Spirit of Brevard Week.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution proclaiming November 10 through 17, 2001, as Spirit of Brevard Week, and encouraging the support of all citizens, businesses, and organizations of this worthy effort. Motion carried and ordered unanimously.

Commissioner O'Brien presented the Resolution to Heidi Brown of the Cocoa Beach/Merritt Island Chamber of Commerce, who advised Mrs. Harvin, Chairman of the Board of the Cocoa Beach Area Chamber of Commerce, is also here. Ms. Brown thanked the Board for the Resolution; stated it kicks off on November 10th in celebration, recognition, and appreciation of Veterans Week as well; there will be a lot of activities going on that week, luncheons, parades, general meetings, and golf tournaments; and requested everyone come out and support Spirit of Brevard Week. Moses also thanked the Board for the Resolution.

RECOGNITION, RE: CITIZENS ACADEMY INAUGURAL GRADUATES

Marea Assante, Special Projects Coordinator, presented the first graduating class of the Citizens Academy; stated the Academy started on August 29, 2001 with the first 25 students attending evening classes; due to the overwhelming number of interested citizens, they added another session that is currently held during the day; and that class will graduate November 20, 2001. She stated the Citizens Academy is a free eight-week educational program consisting of one two-hour meeting per week, and one half day Saturday tour; County Departments were involved in the planning stages as well as being guest lecturers; and the Departments and Offices include the County Manager's Office, Space Coast Government TV, Public Safety, Emergency Management, Animal Services, Water Resources, Solid Waste, Natural Resources, Agriculture and Extension Services, Mosquito Control, Transportation Planning, Transit Services, Public Works, Parks and Recreation, Library Services, Housing and Human Services, Juvenile Justice, the Commission on Aging, Veterans Services, Planning and Zoning, and Permitting and Enforcement. Ms. Assante advised evaluations were conducted after each session, and the academy and presenters consistently received positive feedback. She stated the next session for the Citizens Academy will begin in the spring of 2002; currently that class has a waiting list; citizens may register on the County's website or call 633-2010 and request an application from the County Manager's Office; and applications are accepted on a first-come/ first-serve basis. She noted one of the students, Elizabeth Bachelor, will say a few words about her Citizens Academy experience.

Elizabeth Bachelor advised since they are the first class of the Citizens Academy to graduate, she wanted to share a few minutes of their experience; on arrival, their attention was quickly gained with the presentation of theme music and snacks; later they signed their names and the year they arrived in Brevard County on a time line; and that proved to be an innovative method for them to meet members of the class and gain knowledge about them. She stated each week they had a different theme; Help was safety, animal services, and emergency management; This Land is Your Land was environment, nature, agriculture, and good and bad bugs; and each week was combined with theme music and snacks like dirt and worms, which turned out to be excellent brownies and gummy candy. She stated added to that were several knowledgeable excellent speakers; they learned a variety of things, some good, like the water purification system, new traffic light bulbs, which will drastically reduce electric costs, library services, volunteer services, and veteran services; but they also learned disturbing program cuts, road and flooding problems, animal concerns, safety and security issues. Ms. Bachelor stated one week they visited the landfill; the huge amount of waste they saw was a real eye opener; however the recycling programs are very effective. She stated on that particular day they were provided with dessert that they looked at closely and were not sure whether to bury it, recycle it, or eat it; but they decided to eat it, and it was good. She stated she found out about the class from a notice in the newspaper; her husband went on line and signed her up; and she is not sure whether he thought she should go back to school, take classes, or if he wanted her out of the house; but anyway it was a great idea and she had a wonderful time. She stated knowledge is a lot like power, the more you get the more you want; they learned a lot, but still need to learn a lot more; and expressed appreciation to Ms. Assante and her tireless and hard working coworkers and staff. She stated it is obvious that a great many hours went into preparing their learning experience; even though they do not want their class to close, it is time for them to take their knowledge and help make changes and improvements where they can in Brevard County.

Ms. Assante advised Chairman Carlson will present the diplomas; and called out the names of the graduates who came forward to receive their diplomas.

Commissioner Higgs stated it is wonderful that they took the time to learn and invest in the County.

Chairman Carlson stated she hopes they will go back and tell their neighbors to sign up; the more folks that are educated, the more they will understand how things work; and thanked the people in the County for the great job they have done based on the comments from Ms. Bachelor.

RESOLUTIONS, RE: COMMENDING LOIS SCRIVENER, PRINCIPAL OF HOLY NAME
OF JESUS SCHOOL, AND RECOGNIZING HOLY NAME OF JESUS SCHOOL

Commissioner Colon read aloud a resolution commending Lois Scrivener, Principal of Holy Name of Jesus School, for winning the 2001 National Distinguished Principals Award; and read aloud a resolution commending Holy Name of Jesus School for winning the Blue Ribbon Award.

Motion by Commissioner Colon, seconded by Commissioner O'Brien, to adopt Resolution commending Lois Scrivener for winning the 2001 National Distinguished Principals Award. Motion carried and ordered unanimously.

Motion by Commissioner Colon, seconded by Commissioner O'Brien, to adopt Resolution commending Holy Name of Jesus School for winning the Blue Ribbon Award. Motion carried and ordered unanimously.

Commissioner Colon presented the Resolutions to Ms. Scrivener, and stated the Board is very proud of her and the School to be recognized by the nation. Ms. Scrivener thanked the Board for the Resolutions, and stated the award is not hers but the incredible people she works with, Father David Page, the faculty and staff, assistant principal Marian Ambrose, and secretaries down to the after-school care people; so she accepts the Resolutions in recognition of all those people.

PRESENTATION, RE: FLORIDA SHORE AND BEACH PRESERVATION ASSOCIATION
LOCAL GOVERNMENT AWARD

Chairman Carlson presented Virginia Barker with the 2001 Florida Shore and Beach Preservation Association Local Government Award for her outstanding achievements. She stated Ms. Barker has done an outstanding job bringing in dollars for Brevard County's beaches.

Commissioner O'Brien stated Ms. Barker deserves applause for getting sand on the beaches and worked hard to earn the award.

Ms. Barker stated although the plaque has her name on it, the State made the award largely in recognition of the Brevard County Shore Protection Project, which raises the bar across the State for how shore protection projects are constructed. She stated they used outstanding innovative engineering design that improved the efficiency and construction of the projects, which led to holding down construction costs and enormous savings; and the improved environmental design has been approved by nesting turtles 493 times in the most recent nesting season. She stated she wishes she could say the South Reach was on a similar track and construction would begin the day after tomorrow as scheduled; however, the events of September 11 held up Congress in its budgeting process. She stated they have not given up yet and are still hoping they will hear positive news from Washington in the next two or three weeks; and noted everything is ready to go forward with construction when they receive the money from Congress.

RESOLUTION, RE: REQUESTING DEVELOPMENT OF FLORIDA GLOBAL WARMING
ACTION PLAN

Chairman Carlson advised ten cities and counties have adopted similar resolutions; and read aloud the resolution requesting Governor Bush and the Cabinet instruct agencies to develop a Florida Global Warming Action Plan.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution requesting Governor Jeb Bush and the Cabinet to instruct relevant agencies to develop a Florida Global Warming Action Plan, the United States Government to provide international leadership in negotiating refinements to the Kyoto Protocol rules, and elected officials to endorse the Earth Day 2000 Clean Energy Agenda. Motion carried and ordered; Commissioner O'Brien voted nay.

Chairman Carlson presented the Resolution to Kathy Stanton who said it is an honor for her to accept the Resolution on behalf of the Alliance and Joyce Chumbley who is responsible for spearheading the movement in the State. She stated 150 nations have signed the Kyoto Agreement, but the United States is not one of them; and that is a sad thing, but if they get all the counties, states, and municipalities, that will include the United States. She noted it may be a study subject for the wonderful Citizens Academy; and indicated Satellite Beach and Cocoa may have adopted similar resolutions.

FINAL PLAT APPROVAL AND CONTRACT, RE: RIVER GROVES ON THE TRAIL,
PHASE 2

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant final plat approval for River Groves on the Trail, Phase 2, subject to minor changes, if necessary, receipt of all documents required for recording, and developer responsible for obtaining all jurisdictional permits; and execute Contract with River Groves on the Trail, LLC, guaranteeing satisfactory completion of infrastructure improvements. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: INFRASTRUCTURE IMPROVEMENTS
IN VIERA, TRACT G-1, PHASE 5

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Infrastructure Contract with The Viera Company guaranteeing satisfactory completion of infrastructure improvements in Viera, Tract G-1, Phase 5. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH DAVID AND ROSEMARIE GRAVAS, RE:
PARSLEY AVENUE EXTENSION C

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Unpaved Road Agreement with David and Rosemarie Gravas for a building permit off an existing right-of-way known as Parsley Avenue Extension C, which has been constructed to the standards of the Unpaved Road Ordinance Section 62-102. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCES FROM CITY OF TITUSVILLE,
RE: ANNEXATIONS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to acknowledge receipt of Ordinances Nos. 35-2001 and 36-2001 from the City of Titusville for annexations involving Space Coast Regional Airport and two nature preserves associated with the EEL's Program, which are the Dicerandra Scrub Habitat and Enchanted Forest Sanctuary. Motion carried and ordered unanimously.

PERMISSION TO ISSUE CHANGE ORDER TO POST, BUCKLEY, SCHUH & JENIGAN,
INC., RE: A. MAX BREWER MEMORIAL CAUSEWAY BRIDGE REPAIR PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize issuance of Change Order to Post, Buckley, Schuh & Jernigan, Inc. for A. Max Brewer Memorial Causeway Bridge Repair Project. Motion carried and ordered unanimously.

ACCEPTANCE OF QUITCLAIM DEED AND EASEMENTS FROM A. DUDA & SONS, INC.,
RE: RETENTION POND SERVING VETERANS WAY AND MAINTENANCE AND
DRAINAGE OF STADIUM PARKWAY

Motion by Commissioner Higgs, seconded by Commissioner Colon, to accept Quitclaim Deed and easements from A. Duda & Sons, Inc. for a retention pond to serve Veterans Way and maintenance and drainage of Stadium Parkway. Motion carried and ordered unanimously.

WATER AND SEWER EASEMENT TO CITY OF TITUSVILLE, RE: SPACE COAST
EXECUTIVE AIRPORT

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Water and Sewer Easement to the City of Titusville for service to Space Coast Executive Airport. Motion carried and ordered unanimously.

AGREEMENT TO AMEND AND EXTEND EXISTING AGREEMENT WITH LANCE, INC.,
RE: VENDING MACHINE SERVICES COUNTYWIDE

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Agreement to Amend and Extend Existing Agreement dated October 23, 2000, with Lance, Inc. for vending machine services Countywide, until October 31, 2002. Motion carried and ordered unanimously.

AGREEMENT TO AMEND AND EXTEND EXISTING AGREEMENT WITH COCA-COLA
BOTTLING GROUP, RE: VENDING MACHINE SERVICES COUNTYWIDE

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Agreement to Amend and Extend Existing Agreement dated July 11, 2000, with Coca-Cola Bottling Group for vending machine services Countywide, until October 31, 2002. Motion carried and ordered unanimously.

CONTRACTS FOR SALE AND PURCHASE AND ADDENDUM WITH DOROTHY W.
ELLINGTON CO-TRUSTEE, ET AL, AND AUTHORIZATION TO OBTAIN SURVEY,
ENVIRONMENTAL AUDIT, TITLE INSURANCE, ACCEPT TITLE EXCEPTIONS, AND
PROCEED WITH CLOSING, RE: MERRITT ISLAND SPORTS COMPLEX REFERENDUM
PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Contract for Sale and Purchase with Dorothy W. Ellington, Co-trustee, Frances C. Ellington, Co-trustee, and Mary C. Ellington, successor Co-trustee of J. Mitchell Ellington Trust U/A/D and the Dorothy W. Ellington Trust for approximately 114.6 acres located south of Hall Road and west of SR 3 for the Merritt Island Sports Complex Referendum Project; authorize the Chairman to execute Addenda as required; and authorize Parks and Recreation staff to obtain surveys, environmental audits, title insurance, accept title exceptions where park improvements are not impacted, and proceed with closing for the land acquisition. Motion carried and ordered unanimously.

RESOLUTION AND LEASE AGREEMENT WITH TOWN OF MELBOURNE BEACH,
RE: HISTORIC WILLIAMS BUILDING

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution and execute Lease Agreement with Town of Melbourne Beach for lease of the Historic Williams Building at $1.00 per year for 25 years. Motion carried and ordered unanimously.

RESCIND RESOLUTION AND ADOPT NEW RESOLUTION, RE: REVISING GOLF
ADVISORY BOARD

Motion by Commissioner Higgs, seconded by Commissioner Colon, to amend Resolution No. 96-137, creating the Golf Advisory Board, and adopt new Resolution providing for election of a chairman and vice chairman; providing for a term of office for the chairman and vice chairman; deleting the requirement for regular meetings to be held on a quarterly basis; and providing for an effective date. Motion carried and ordered unanimously.

RESOLUTION, RE: AMENDING RULES AND FEES FOR THE SAVANNAHS, THE
HABITAT, AND SPESSARD HOLLAND GOLF COURSES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution amending rules and fees for The Savannahs, The Habitat at Valkaria, and Spessard Holland Golf Courses. Motion carried and ordered unanimously.

ACCEPTANCE OF DONATION FROM EARL B. HALL, RE: PROPERTY ON EAST
END OF HIDDEN LAKES DRIVE

Motion by Commissioner Higgs, seconded by Commissioner Colon, to accept donation of approximately .56 acre of undeveloped land from Earl B. Hall, and authorize the County Attorney to close on the property, contingent upon Continental Acreage Development property closing with the EEL Program and receipt of an acceptable title commitment and environmental site assessment; authorize staff to acquire the necessary title work and environmental site assessment; waive the survey requirement for acceptance of the donation; and authorize the Chairman to sign any necessary documents for transfer of title. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING APPLICATION TO DEPARTMENT OF HEALTH FOR
EMERGENCY MEDICAL SERVICES GRANT

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution authorizing application to Department of Health for Emergency Medical Services Grant to expand and enhance Countywide emergency medical services. Motion carried and ordered unanimously.

AUTOMATIC AID AGREEMENT WITH OSCEOLA COUNTY, RE: FIRE RESCUE SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Automatic Aid Agreement with Osceola County to provide a service exchange to allow for fire and rescue protection to the southwestern Brevard area known as Fellsmere Grade. Motion carried and ordered unanimously.

AGREEMENT WITH WUESTHOFF REFERENCE LABORATORY, RE: TOXICOLOGY
AND HISTOLOGY SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Agreement with Wuesthoff Reference Laboratory to provide toxicology and histology services for Brevard County Medical Examiner's Office as a sole source provider. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH ARCADIS GERAGHTY & MILLER, INC., RE:
ENGINEERING SERVICES FOR SITE RESTORATION AT MELBOURNE AND
MERRITT ISLAND AIRPORTS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Amendment to Agreement with ARCADIS Geraghty & Miller, Inc. to provide engineering services for site restoration at Melbourne and Merritt Island Airports to remove contaminated soils. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, OR PURCHASE OFF STATE CONTRACT,
RE: HEAVY EQUIPMENT FOR FY 2001-02

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant permission to bid and award bid to lowest qualified bidder or to purchase off State Contract if unavailable locally, heavy equipment budgeted for purchase in FY 2001-02, including two 4x4 pickup trucks, 19 transfer station hauling trailers, one water tanker, two tank trailers, one grader, one compactor, one loader/backhoe, three off-road dump trucks, one low-profile tractor, and three fifth-wheel highway tractors. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH AARON SCRAP METALS, INC., RE:
TERMINATING AGREEMENT FOR SALE OF SCRAP METAL

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Amendment to Agreement with Aaron Scrap Metals, Inc. terminating the existing Agreement effective January 1, 2002. Motion carried and ordered unanimously.

APPROVAL OF PURCHASE ORDER EXCEEDING $35,000 TO TRI-COUNTY IRRIGATION,
INC., RE: REPAIR OF VALLEY IRRIGATION UNIT

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve Purchase Order not to exceed $37,000 to Tri-County Irrigation, Inc. to repair VALLEY irrigation unit at South Central Regional Wastewater Treatment Plant. Motion carried and ordered unanimously.

APPROVAL TO ESTABLISH CITIZENS ADVISORY AD HOC COMMITTEE, RE: NORTH
BREVARD WATER SYSTEM RATE STRUCTURE

Motion by Commissioner Higgs, seconded by Commissioner Colon, to establish a Citizens Advisory Ad Hoc Committee comprised of customers of the North Brevard Water System, with the members to be appointed by the District 1 Commissioner. Motion carried and ordered unanimously.

AUTHORIZATION FOR COUNTY MANAGER OR DESIGNEE, RE: EXECUTION OF
TEMPORARY WATER AND SEWER AGREEMENTS, INSTALLMENT PAYMENT
PLANS FOR WATER AND SEWER IMPACT FEES, AND EASEMENT ENCROACH-
MENT AGREEMENTS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize the County Manager or his designee to execute temporary water and sewer service agreements, installment payment plans for water and sewer impact fees, and easement encroachment agreements. Motion carried and ordered unanimously.

PERMISSION TO SOLICIT REQUEST FOR PROPOSALS, RE: MULTIFUNCTIONAL
COPY MACHINE RENTAL

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant permission to solicit Request for Proposals for a five-year rental of multifunctional copying equipment with the option to renew for one additional year; appoint representatives from Property Control, Library Services, Solid Waste, Public Works, Parks and Recreation, and Information Systems Departments to the Selection Committee; and authorize award and negotiation of a Contract for the equipment rental. Motion carried and ordered unanimously.

RESOLUTION, BILL OF SALE, AND UTILITY EASEMENT WITH FLORIDA POWER &
LIGHT COMPANY, RE: MELBOURNE BEACH PUBLIC LIBRARY

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution, approve Easement, and execute Bill of Sale to Florida Power & Light Company for electrical utilities at the new Melbourne Beach Public Library. Motion carried and ordered unanimously.

PERMISSION TO ISSUE OPEN PURCHASE ORDERS EXCEEDING $35,000 TO
APPROVED VENDORS OF RECORD, RE: COUNTYWIDE ROOF REPAIRS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve the use of Statewide Negotiated Agreement Price Schedule with Weber and Tinnen, P.A. for Countywide roof repairs; approve issuance of blanket purchase orders; authorize the Chairman to execute Contracts exceeding $35,000 to said vendor; and authorize competitive action in the event of unforeseen changes to the approved vendors and/or cooperative purchasing programs. Motion carried and ordered unanimously.

AGREEMENT WITH HEARD CONSTRUCTION, INC., RE: ESTABLISHING GUARANTEED
MAXIMUM PRICE FOR INSTALLATION OF EMERGENCY GENERATORS AT SCHOOLS
USED AS SHELTERS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Agreement with Heard Construction, Inc. establishing guaranteed maximum price for installation of emergency generators at three Brevard County schools used as shelters, Suntree Elementary, Meadowlane Elementary, and Eau Gallie High School, at $333,713. Motion carried and ordered unanimously.

SUBGRANT AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
AND AUTHORIZE COUNTY MANAGER OR DESIGNEE TO SUBMIT CHANGES, RE:
FY 2001-02 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE
GRANT AND STATE/LOCAL ASSISTANCE GRANT

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Subgrant Agreement with Florida Department of Community Affairs for FY 2001-02 Emergency Management Preparedness and Assistance Grant and State/Local Assistance Grant; and authorize the County Manager or his designee to submit any additional changes, documents, or amendments required for the Grant Contract. Motion carried and ordered unanimously.

AUTHORIZE STIPULATION OF ATTORNEY'S FEES, RE: SHOWBOAT ADULT WORLD
CORPORATION v. BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize the County Attorney to enter into a Stipulation of Attorney's Fees in Showboat Adult World Corporation v. Brevard County Board of County Commissioners case. Motion carried and ordered unanimously.

APPROVAL TO DISMISS CODE ENFORCEMENT ACTION, RE: KEVIN R. AND
GIZELLE R. COWART

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve dismissal of Code Enforcement action against Kevin R. and Gizelle R. Cowart as the respondents were not
in violation of Section 62-4456(a), Private Lake Setback Requirements. Motion carried and ordered unanimously.

CONFIRMATION, RE: BILL LOWTHER AS MEMBER OF PORT ST. JOHN DEPENDENT
SPECIAL DISTRICT ADVISORY BOARD

Motion by Commissioner Higgs, seconded by Commissioner Colon, to confirm the appointment of Bill Lowther as a member of the Port St. John Dependent Special District Advisory Board. Motion carried and ordered unanimously.

APPOINTMENT, RE: HISTORICAL COMMISSION

Motion by Commissioner Higgs, seconded by Commissioner Colon, to appoint Brooks Humphrys to the Historical Commission, replacing Kim Carman, with term expiring December 31, 2001. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

RESOLUTION, RE: ADOPTING PLAN RECOMMENDED BY REDISTRICTING COMMITTEE

Anselmo Baldonado, Chairperson of the Redistricting Committee, advised Vice Chair Karen Andreas brought a unique perspective to the redistricting process, as she participated the last time the County redistricted; and she will address the Board. He stated he is pleased to present to the Board the Committee's recommendation for the new district boundaries; the Committee was appointed pursuant to Chapter 2.2 of the County Charter and met regularly for the past six months; and together with those directly involved in the process, they logged over 374 hours in pursuit of their objective. Mr. Baldonado stated they worked with the consulting team, took testimony from the public, debated among themselves, and voted to adopt the plan that is before the Board; the plan reflects the best effort of the Committee to balance a variety of criteria in the redistricting process; and it is one they believe addresses the criteria in the Charter and applicable case law. He noted he is thankful to have served with the Committee; and they enthusiastically recommend the plan before the Board for adoption.

Karen Andreas, Vice Chair of the Redistricting Committee, advised when they embarked upon the redistricting effort, they agreed to be the least destructive, maintain communities of interest, be sensitive to the issues of County staff in terms of roads and bridges, drainage, and administering the day-to-day business of Brevard County, which have an impact district and Countywide; and they feel comfortable that they came up with the best plan. She stated their great disappointment was not being able to achieve co-terminus boundaries with the School Board; but there were such radical differences between the districts, that it was not possible, but they hope the School Board will use the redistricting plan as a model and in the next five to ten years co-terminus districts can be achieved. Ms. Andreas thanked each Commissioner for their appointees to the Committee; stated it was a wonderful experience, much different than in 1990-91; and noted Mr. Baldonado was wonderful in guiding them through the process. She thanked County staff for their work and diligent efforts; stated they were a delight to work with; and thanked the Board for selecting Mr. Spitzer as the consultant, as he did a professional job, was very considerate of every member's concerns, and responded accordingly. She noted they think they presented the Board with the best redistricting plan possible.

Chairman Carlson advised she met with Messrs. Baldonado and Spitzer, and the question came up about projecting growth in different districts; she was curious of how they went about looking at that issue; a lot of time was spent on the co-terminus issue and looking at the boundaries as they are now; and she does not have any problems with them, but is interested in following up on the projecting growth issue. She stated District 4 has 20 to 25% more population than the other Districts, and is still 1,160 over; District 4 is probably one of the Districts that will see a great amount of growth because it has a DRI on the books that is zoned; and inquired how will that be approached. She noted perhaps Mr. Knox can add to it on the legal side down the road as they push the 25% mark; and inquired if the Board can come back and by whose authority can it do it. County Attorney Scott Knox advised it is a matter of following the Florida Statutes on that issue; the Florida Statutes allow the County Commission to set its districts; so if it chooses to use a committee again, that is an option it has; but he does not think the Charter addresses that issue. Chairman Carlson stated the Board only redistricts every ten years; and inquired what will happen if in three to four years, there is an explosion of growth in District 4. Mr. Baldonado stated using 95,000 as the ideal district size, 25% of 95,000 is 23,750; and he does not think District 4 is projected to grow that much within that time frame. He stated the consultant mentioned he could not redistrict beyond 5% because it would be violating the deviation; so that is something he looked at and decided they would not grow to 23,750; so that is the way the Committee handled it.

Chairman Carlson inquired if it is true that there was not much discussion on projecting growth; with Ms. Andreas responding at one of their first meetings, they discussed whether they should be making allowances for anticipated growth; it would be guesswork; and the Committee was more comfortable using the actual numbers of the Census. She stated they did change District 4 a little to try and equalize the population, but it was a task they felt they should not get into because it was guesswork, and they were more comfortable dealing with the information and statistics they had.

Commissioner Colon stated Palm Bay has the same issue; right now it has 80,000 people with a potential of 250,000; so she is aware the plan is the best it could be. She thanked everyone who was part of the Redistricting Committee; and stated it was tremendous work on a tremendous task; and the meetings were run with professionalism. She stated a lot of work went into the redistricting; and she does not have a problem with where the boundaries are.

Mr. Baldonado recognized the Committee members who were present; and the Board applauded their efforts.

Commissioner O'Brien advised the District 2 line jogs off north and is squiggly to the ocean, keeping all of Cape Canaveral Air Force Station in District 2; and inquired if there is a reason for that instead of going across in a straight line since nobody lives in that area; with Planning and Zoning Director Mel Scott responding it appears to be following the shoreline. Commissioner O'Brien stated the Committee did a good job, and thanked the members.

Commissioner Higgs stated after meeting with Mr. Spitzer and Mr. Baldonado, she asked the County Attorney what action the Board should take today and what form that should be in; and Mr. Knox drafted a resolution that says the Board accepts the recommendation of the Committee. She stated they have a plan to do a narrative report for the Board, which is recognized in the resolution; and after the report is done, the Committee will be terminated.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt a Resolution of the Board of County Commissioners of Brevard County, Florida, accepting the recommendation of the Brevard County Redistricting Committee for the establishment of County Commission District boundaries in the year 2001; providing for acceptance of the Committee recommendation; providing for a report by the Committee; providing for the preparation of a written description by staff; providing for termination of the Committee's activities; providing for severability; and providing for an effective date.

Commissioner Scarborough stated there is a vast area of the Space Center that is split between Districts 1 and 2 with no revenues and nobody who votes from that area; and inquired why are districts designated there when they all represent that area and none of them are elected from the area. Commissioner O'Brien stated it has always been split that way; they are going to build a new road diagonally where the SR 3 gate is; and there may be people who will live there, but not on federal property. Commissioner Scarborough stated all the issues that are District sensitive do not exist in that area; but each Commissioner has an interest in the welfare of Kennedy Space Center and the Cape; and inquired how difficult it would be to designate that area as represented by five Commissioners. Commissioner O'Brien stated if that is done, it will have to include Patrick Air Force Base as well. Commissioner Higgs stated they could draw out the beach east of the mean high water line also, which is public property where nobody lives. Commissioner Higgs stated even though the Commissioners are elected from Districts, they are responsible to all the people in all the Districts; the Districts indicate where the Commissioner must reside to run for that seat; and beyond that, it is irrelevant.

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

The meeting recessed at 10:07 a.m., and reconvened at 10:22 a.m.

ACKNOWLEDGE RECEIPT, RE: REPORT OF BREVARD COMMISSION ON AGING
ELDER READY COMMUNITIES PLAN

Melissa Otto, representing the Brevard Commission on Aging, advised the Elder Ready Communities Report is a culmination of more than a year's worth of work by dedicated staff, Commission members, and more than 250 individuals representing more than a hundred organizations, so they tried to pull the community into this effort. She stated early in the process seven planning areas were identified; they are (1) health and wellness, (2) housing, (3) recreation and leisure, (4) employment, (5) long-term care, (6) transportation, and (7) safety; and through the work of the task force groups and input from the community, they came up with 35 recommendations from the seven planning areas, which were later narrowed to ten priorities. She stated those priorities are: (1) that the Board of County Commissioners should allocate funds to address respite care, case management, adult day care, caregiver training, and support service deficits in the community; (2) that the Board should advocate for local legislative delegates and the Florida Legislature to expand the Medicaid waiver in-home and community-residential programs and the SSI-assisted living programs; increase funding for community care for the elderly, home care, and the Alzheimer's disease initiative programs; promote tax incentives to encourage purchase of long-term care insurance; to continue the support of the task force on the availability and affordability of long-term care; and seek funding for public guardians to protect the interest of indigent older adults. She stated (3) is to develop a local healthcare plan in partnership with local health provider agencies; (4) is to establish procedures, policies, and plans to specifically address housing needs of older adults; (5) is to work to enhance transportation options for older adults by focusing on roadway development, improved pedestrian and bicycle ways, and expanded public transportation services; (6) is to work to combine and streamline core functions of information and referral services; (7) is to join with local service providers to develop and distribute a printed directory listing the community resources for older adults and their families; (8) is to seek to provide training and assistance to older adults seeking employment; (9) is to staff a position to focus on the recreational needs of older adults; and (10) is to extend the Brevard County Commission on Aging through September 30, 2002 to allow the Board to continue working towards the furtherance of those goals. She stated on behalf of the Commission members and staff, she requests the Board adopt the plan and authorize its staff to schedule a workshop so they can more carefully examine each recommendation and its possible implementation.

Commissioner Scarborough stated if the Board is going to have a workshop, he will hold his comments; but when he met with them, it opened up all kinds of positive thoughts and ideas. He stated there are a lot of things the Board needs to discuss; so, he will move to schedule a workshop.

Motion by Commissioner Scarborough, to accept the Elder Ready Communities Plan and authorize staff to schedule a workshop to discuss the Plan in January, 2002.

Commissioner Higgs stated she would second the motion if it includes extending the Commission on Aging until September 30, 2002 and adoption of the Plan. Commissioner Scarborough stated continuing the Commission is essential, but adopting the Plan may not allow the Board to augment it with its own ideas. He stated the position in Parks and Recreation has involvement in libraries, arts, and other things and may need to be a floating position; and there are other ideas to discuss. He stated he would like to be able to implement everything from the workshop; and if it contemplates additional action of implementing other ideas, that is fine. Commissioner Higgs stated the Board is saying it is a great plan, and is a start.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt the Brevard Commission on Aging Elder Ready Communities Plan; extend the Commission on Aging to September 30, 2002 to allow it to continue its work; and authorize staff to schedule a workshop to discuss the Plan in January, 2002.

Commissioner O'Brien stated the public should know why this is important to them; page 28 points out that the population of over 65 years of age is more than 14,000 in Melbourne, more than 7,000 on Merritt Island, over 2,000 in Cape Canaveral, and over 4,000 in Cocoa Beach; and the population over 85 years of age is close to 2,000 in Melbourne. He stated he did not realize how many people were of that age in Brevard County. The Commission representative stated the 85-plus population is the fastest growing segment of society right now and usually the most in need of social services offered by the County, State, and other agencies; so it is an alarming number. Commissioner O'Brien advised the Commission on Aging did a good job, and he is looking forward to the workshop to begin setting some plans in action.

Chairman Carlson stated the Commission on Aging did a very good job; it is a thorough plan; and she is looking forward to reading it and understanding more of it before the workshop in January, 2002. Commissioner Colon inquired if the motion extends the Commission to September 30, 2002; with Commissioner Higgs responding that was part of her second.

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

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN PORT ST. JOHN, UNIT 1 - ROBERT AND MARY LOU NORTON

Chairman Carlson called for the public hearing to consider a resolution vacating a public utility and drainage easement in Port St. John, Unit 1, as petitioned by Robert and Mary Lou Norton.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution vacating a public utility and drainage easement in Port St. John, Unit 1, as petitioned by Robert and Mary Lou Norton. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENTS IN THE VILLAS AT NEW FOUND HARBOR - RODOLFO AND MABEL
BARRIAL

Chairman Carlson called for the public hearing to consider a resolution vacating public utility and drainage easements in The Villas at New Found Harbor, as petitioned by Rodolfo and Mabel Barrial.

Commissioner O'Brien advised they did resolve the problems, and the applicant is here to go over the agreement and suggest changes.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Colon, to deny resolution vacating public utility and drainage easements in The Villas at New Found Harbor, as petitioned by Rodolfo and Mabel Barrial, subject to execution of an Easement Encroachment Agreement by the Barrials. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING DRAINAGE ACCESS/MAINTENANCE
EASEMENTS AND PUBLIC UTILITY AND DRAINAGE EASEMENT IN SUNTREE WOODS
- WILLIE AND NANCY GRAY

Chairman Carlson called for the public hearing to consider a resolution vacating drainage access and maintenance easements and public utility and drainage easement in Suntree Woods, as petitioned by Willie and Nancy Gray.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Resolution vacating drainage access/maintenance easements and public utility and drainage easement in Suntree Woods, as petitioned by Willie and Nancy Gray. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING LIBRARY IMPACT FEE PROGRAM

Chairman Carlson called for the public hearing to consider an ordinance creating a library impact fee program.

Planning and Zoning Director Mel Scott advised the proposal is written at 100% of the justifiable fee, which for a single-family house is $224; and the methodology and theories applied to come up with that fee are exactly those used in deriving the transportation, emergency medical, correction facilities, and fire rescue impact fees.

Commissioner O'Brien inquired why is it lower for condominiums and townhouses; with Mr. Scott responding the consultant identified historic use for those types of units as slightly lower; and that is why the fee is lower. Mr. Scott noted there is a house size or residence size consideration that was incorporated into the methodology. Commissioner O'Brien stated some condominiums and townhomes have three bedrooms like a house, so he cannot see why there would be a difference in the fee; with Commissioner Higgs responding the difference is based on the number of residents, not just the unit size and type. Mr. Scott stated those two factors are the biggest points.

Commissioner Higgs inquired what is the percentage for the transportation impact fee versus the total amount; with Mr. Scott responding it is currently at 27-1/2% of the justifiable maximum and goes up 1% each year until it reaches 100% in about 70-plus years. Commissioner Higgs inquired if that impact fee will be at 28.5% on December 1st; with Mr. Scott responding yes.

Commissioner Colon stated she was under the impression the fee would be about $55; with Mr. Scott responding it was advertised at 100%, but the Board has the ability to reduce it at this hearing as long as it is somewhat aligned with the impact fee study. Commissioner Higgs stated 28.5% on a single-family home would be $63.84; and 28.5% could be applied to each of the numbers on page 6 of the ordinance, which would be a reasonable place to start.

Maureen Rupe, Natural Resources Chair for the League of Women Voters of the Space Coast, advised the League's position is to support the impact fee for libraries; and speaking as a resident of Port St. John, she has been a member of the Port St. John Library Board for eight years; they are about to close the library for expansion that is a direct result of growth; but not one book was paid for by that growth. She stated they welcome newcomers to Port St. John, but they must be able to see a fair payment for the impact they will cause; and this impact fee is still not sustainable growth, but is a start. She urged the Board to pass the ordinance.

Fran Wales advised she is married to a builder and is always concerned when the Board does impact fees to ensure they are fair, just, and equitable. She stated she was surprised at the number she heard because she was given a figure of $50 or less; these are tough economic times; and $50 or less would be a good fee to establish. She stated she was shocked to hear they were going to play games with the study and have different rates for different housing units; and if the Board is going to do an impact fee for libraries, to be fair, just, and equitable, it needs to be the same fee for manufactured, stick built, or brick built units. She stated she received studies before and knows how one can play with the numbers; and that tells her they are going to aim at giving discounted rates to those they think vote the most, but people who do not vote often will get hit with a higher rate. Ms. Wales stated they can say it is based on the number of people who occupy the unit; and inquired who is to say those people do not have more leisure time and are not using the services more often. She stated her understanding is that part of the fee will be used to fund books; Arkansas is at the bottom of the list for books per person national average, and Florida is second; and that is a disgrace, but to do it right, the fee needs to be the same for all. She stated basing it on the number of people in a unit does not say how many people are checking out books; she has heard people say they had to get on a waiting list for books because the books they wanted to read were not available; and if that is the case, they need more books and need to make the fee the same across-the-board. She suggested the Board not pit one segment of the community against the other and not show favoritism; stated it is not right and disturbs her to keep seeing it; and requested the Board make it a fee they can live with and impose it across-the-board. She stated every year costs on housing escalate; it may not seem like much, but when put together with other costs they add up; and she does not have a problem with building paying its fair share or helping to get those programs started, as long as they are appropriate and just, and are applied equally and fairly with no more games.

Commissioner Scarborough stated the consultant said the Board has to have disparity; and inquired if the Board can ignore that if it institutes the impact fee or will that lead to violation of the law; with Mr. Scott responding he would defer that question to Mr. Knox, but historically, all applications of the impact fees in place have followed the Tindale-Oliver recommendation. He stated the legal tests that were put forth and concluded across the State and their methodology has always incorporated the notion of looking at the historical occupancy rates of different housing types; and once they identified the persons per unit, they used that as part of the methodology to derive the rate for the different types of housing. County Attorney Scott Knox advised if the Board wants a sustainable impact fee, it should follow the consultant's recommendation; and if it wants to change the methodology, it should have the consultant go back and come up with a different approach to it.

Chairman Carlson inquired if staff has the basis criteria from Tindale-Oliver's equation of what is considered a typical single-family dwelling versus an apartment; with Mr. Scott responding they are historical facts identified based on trends the consultant looked at; and single-family detached is 2.45 persons per unit, single-family attached is 2.14 persons per unit, apartment is 1.46 persons per unit, and mobile home is 1.78 persons per unit.

Mike Cunningham requested the Board approve the ordinance. He stated everyone has seen what programs have been debilitated from Washington to Tallahassee, and down to the County where the Board is being asked to support more and more programs with less and less money; and an ordinance such as this may take up some of the shortfall. He stated Brevard County is in an enviable position as far as library services are concerned because it has a Library Services Director who knows her business and a staff and directors of various libraries who are totally professional and devoted to their jobs. Mr. Cunningham advised he has been a member of one of several library boards for the past year; it has been a very educational and enlightening experience; the ordinance can go a long way to pick up some of the shortfall and give the opportunity to restore programs without loss of time.

Commissioner Higgs advised computing at 28.5% and going with the recommendations of the consultant on the different types of housing, it would be $63.84 for single-family detached, $55.59 for residential condominium/townhome, $37.91 for apartment, and $46.45 for mobile home. Commissioner Colon stated $63 is better than $224. Commissioner Higgs stated the percentage is consistent with the transportation impact fee.

Commissioner Colon stated Fran Wales brought up a good point about everybody paying their fair share; however, the Board has to go with the study recommendations. She recommended going forward with 28% of the fee.

Commissioner O'Brien stated impact fees do not have financial impact for the County or the public; these are tough economic times with layoffs and unemployment rate increasing; a number of people on fixed incomes cannot spend a lot of money; the service industry is in shambles; and the County needs to tighten its belt and not increase costs to the public via impact fees for those who want to build a house. He stated the Board increased taxes this year plus other impact fees; now it may raise another impact fee; people contribute by paying property taxes; the Commission on Aging said they need affordable housing for the elderly over 65; and this may put the cost of housing out of reach for some people in the report from the Commission on Aging that the Board has to help, so he cannot support the impact fee.

Commissioner Colon stated Ms. Wales said part of the development community is willing to pay its fair share; and thanked her for her comments because there is a real need, and the Board needs to move forward with the item.

Chairman Carlson inquired if there has been feedback from the special session regarding cuts to libraries; with Assistant County Manager Don Lusk responding Cathy Schweinsberg can give the Board the most recent information; there was discussion about a $170,000 cut; but the information he received from Ms. Schweinsberg indicates that may no longer be true. Library Services Director Catherine Schweinsberg advised she heard yesterday that the Senate pulled some magic and they are not experiencing the $170,000 cut to the State Aid for Libraries. Chairman Carlson advised hard economic times reflect more people going to libraries; the County needs to be sure it provides that service as much as possible and keeps up with growth and the need; so she will support the 28% and wants to be sure it covers potential losses from the State. Mr. Scott stated it is 28.5% in keeping with the transportation impact fee. Chairman Carlson inquired if the increases will be like the transportation impact fee; with Mr. Scott responding it is up to the Board to direct staff to include increases in the ordinance. Chairman Carlson stated she is not sure the same process for transportation would work for libraries; and the Board should consider more than 1% a year and in five years come to 100%. She stated her interest is moving it off 28.5% sooner with reality of growth; and perhaps Ms. Schweinsberg could recommend how to progressively move towards that number based on strategic goals for the library system. Commissioner Higgs suggested using the CPI increase each year to keep up with what is going on in the economy and each year on December 1 have the CPI adjustment in the impact fee. Chairman Carlson stated it would keep the system status quo, but she is interested in making it reflect growth versus just being 28.5% and would like to see it closer to 50% in five years if that can be managed. She inquired if there are any suggestions on how to do that. Mr. Jenkins stated that is a policy decision on the part of the Board; and it could pick any number it wants, i.e. the CPI, 10% a year, etc.

Commissioner Colon stated the Board did a responsible thing this summer, reviewing its fees and did a great deal of soul searching to put back impact fees; she does not want to push it now; the Board has done as much as it could; and $63.84 should be what the Board considers. She stated she would be uncomfortable trying to get there too fast; and it would not be fair to the community right now.

Franck Kaiser, representing the Home Builders and Contractors Association, advised they are opposed to impact taxes; they had enough this year; the Board keeps raising taxes; and he does not know where it is going to stop, but it does not have to be on the back of new development. He stated the Board needs to consider broad-base funding; everyone needs to share in this; there are a number of libraries under construction now; and Brevard County has more libraries per capita than any other county in the State. He stated the Board needs to look at how the funds are being managed; some facilities under construction are over engineered; the Eau Gallie Library is an effective, functional, and good facility; and it came in on a cost-effective basis; but some libraries currently under construction in the south end of the County have elaborate wood ceilings; and that is over $107,000 just for the ceiling, which is excessive. Mr. Kaiser stated the Board needs to look into how the libraries are being over engineered; he believes architects are paid based on the value of the building, so the more it costs, the more they are going to make; and that is not a good system. He stated if the Board is going to raise money for libraries and buy books, it should take a close look at how much money is being put into those facilities. He stated the new library impact fee goes to affordability of housing at the lower end of the market; $224 for single-family housing and $63 for mobile home indicates those people who live in two different housing units would have different uses of libraries; and he does not agree with the whole fee system. He stated everyone is equal and should have one fee for everybody; the Board should not encourage mobile homes by charging a lower fee; and requested the Board consider something closer to $50. He noted 28.5% of $224 may be an acceptable compromise; but $224 is outrageous; it is not a good time to add more taxes; the only industry that is doing well in the economy is the construction industry; and it will slow down or stop if that is what the Board wants to do. He encouraged the Board to look at something less than $224, and be more sensitive to the current economic conditions.

Commissioner Colon stated the interest rate is going down so fast, that now is the time to buy a home or refinance and get tremendous deals.

Commissioner O'Brien stated one speaker said he thought the money was going for books; the use of the funds on page 8 of the ordinance says, "All remaining funds after administrative costs collected from the library facilities impact fees shall be used for purposes of capital improvements to library facilities under the jurisdiction of the County and not for maintenance and operation; and (b) funds shall be used exclusively for capital improvements within the library facilities impact fee district from which the funds were collected. Funds shall be expended in the order in which they are collected."

Commissioner Higgs requested clarification on what is considered acceptable under the impact fee; with Assistant County Manager Peggy Busacca responding page 4 states, "capital improvements include facilities, planning, architecture, engineering, land acquisition, site improvements, buildings, library media, vehicles, and equipment." Commissioner Higgs stated media and books are part of the capital of a library, and the investment is certified within the ordinance. She stated the study by the consultant goes through and estimates costs based on what is going on in the libraries today based on the number of people in particular types of housing and gives a recommendation; it is necessary to have a study to defend the library
impact fee in litigation, which has been extensive regarding impact fees; so the Board has to follow the study. She stated to allocate fully, it would go to $224; on the transportation impact fee, the Board has not gone to the full percentage and has gone to 28.5%; so she would recommend a fee rate of 28.5% for the impact fees allocated on page 6 of the ordinance.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to adopt an Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article V, Impact Fees; creating Division 6, Library Facilities, to establish an impact fee for library facilities; creating Section 62-881, Short Title, Statutory Authority, Applicability; creating Section 62-882, Intent and Purpose; creating Section 62-883, Findings; creating Section 62-884, Rules of Construction; creating Section 62-885, Definitions; creating Section 62-886, Penalties, Additional Remedies; creating Section 62-887, Severability; creating Section 62-888, Imposition; creating Section 62-889, Computation; creating Section 62-890, Payment; creating Section 62-891, Districts Established; creating Section 62-892, Trust Funds; creating Section 62-893, Use of Funds; creating Section 62-894, Refunds of Fees Paid; creating Section 62-895, Exemptions and Credits; creating Section 62-896, Review; providing legal status; providing a severability clause; providing for area encompassed; providing for conflicting provisions; and providing an effective date, as amended to reduce the fees to $63.84 for single-family detached, $55.59 for residential condominium/townhome, $37.91 for apartment, and $46.45 for mobile home. Motion carried and ordered; Commissioner O'Brien voted nay.

PUBLIC HEARING, RE: ORDINANCE CORRECTING IMPACT FEE RATE SCHEDULES
FOR NON-RESIDENTIAL LAND USES

Chairman Carlson called for the public hearing to consider an ordinance correcting impact fee rate schedules for non-residential land uses.

Planning and Zoning Director Mel Scott advised on August 23, 2001, during the Impact Fee Workshop, staff informed the Board that they were given by Tindale-Oliver and Associates a data spreadsheet, which reversed a column of fees; subsequently, staff inserted the wrong fees in the ordinance, which the Board adopted for Fire Rescue, Emergency Medical Services, and Correctional Facilities impact fees for nonresidential land uses. He stated the fees that were adopted in the Ordinance were lower than the rate the Board adopted; subsequently, no customers were over-charged; the methodology used to derive those fees is not in question and remains sound; and it was a spreadsheet error that resulted in the incorrect fees being inserted in the Ordinance.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt an Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article V, Impact Fees; amending Division 2, Fire/Rescue Facilities; amending Section 62-725, Definitions, to clarify definition of basic employment; amending Section 62-729, Computation, to revise the impact fee rate schedule; amending Division 3, Correctional Facilities; amending Section 62-769, Computation, to revise impact fee rate schedule; amending Division 4, Transportation; amending Section 62-803, Findings, to clarify that the phase implementation of transportation impact fees begins at 27.5% of the true impact fee and increases by 1% of the true impact fee annually; amending Section 62-805, Definitions, to establish definition of true impact fee; amending Section 62-818, Fee Schedule, to clarify that adopted rate schedule is based on 27.5% of true impact fee and will increase by 1% of true impact fee on January 1 of each year and will not exceed 100% and that the unit for the car wash land use is wash stall; amending Division 5, Emergency Medical Services Facilities; amending Section 62-849, Computation, to revise impact fee rate schedule; deleting Section 62-857, Appeals; providing legal status; providing a severability clause; providing for area encompassed; providing for conflicting provisions; and providing an effective date.

Commissioner Higgs recommended setting the implementation date as December 1, which is the same as the library impact fee and will give staff time to get everything ready.

Commissioner Scarborough accepted the amendment to the motion to implement the ordinance on December 1, 2001. Chairman Carlson called for a vote on the motion as amended. Motion carried and ordered; Commissioner O'Brien voted nay.

DISCUSSION, RE: EXEMPTION FOR INDUSTRIAL LAND USES

Commissioner Scarborough advised there is a thought that industrial land use will bring in higher wages; included within that category are warehouses and mini-warehouses, which bring in very few jobs and lower wages; and although the Board cannot take action on it today, he would like for Mr. Swanke to elaborate on his memorandum regarding this subject.

Planner Steve Swanke advised when the commercial impact fees were reinstated in April, 2001, the Board directed staff to retain the exemption on industrial land uses; his memorandum points out the exemption may not implement the intent of the Board in encouraging the kinds of higher wage value added jobs; there are other ways to structure incentives that may be more effective; and staff will be glad to bring back a report with options.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to instruct staff to come back with an amendment to the Ordinance for exemptions for industrial land uses to address the issue of warehouses and mini-warehouses. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: DETERMINATION OF SUBSTANTIAL DEVIATION AND
CONSIDERATION OF NOTICE OF PROPOSED CHANGE #11, FOR VIERA DRI

Chairman Carlson called for the public hearing to determine if there is a substantial deviation and to consider a notice of proposed change #11 for the Viera DRI.

Planning and Zoning Director Mel Scott advised Items IV.F. and IV.G. are related to each other; and the first item prompts the Board to decide whether or not the proposal to the Viera DRI is or is not a substantial deviation. He stated they are proposing to bring in 48.2 acres into the DRI and to shift the current mining activities to a southerly 65.6 acres; however, they would do that only when the lake that is currently part of the mining activity has begun its reclamation to a lake so the acreage for the mining activity remains the same. Mr. Scott advised the Board previously reviewed this item and sent it to the State; the State waived its opportunity to comment on it as have other agencies that already reviewed it; and if the Board determines it is not a substantial deviation, meaning it does not translate to additional previously unanalyzed regional impacts, then the next item allows the Comprehensive Plan amendment to be adopted.

Chairman Carlson advised they have gone over the issue in depth and it does not appear to be a substantial deviation, so she does not have a problem with it.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to determine that Viera DRI Notice of Proposed Change #11 does not create a substantial deviation according to Chapter 380.06(19), Florida Statutes; and adopt Resolution approving change and adopting the Development Order. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ADOPTING 2001C COMPREHENSIVE PLAN
AMENDMENT

Chairman Carlson called for the public hearing to consider an ordinance adopting Comprehensive Plan amendment 2001C relating to the Viera DRI.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County; entitled The Comprehensive Plan, setting forth plan amendment 2001C; amending Section 62-501, entitled Contents of the Plan; specifically amending Section 62-501, Part XVI(e), entitled The Future Land Use Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: DETERMINATION OF VESTED RIGHTS FOR RANDY L. AND
DANAE L. ALONSO, DAREN S. AND SHERRI K. BOLTON, MANFRED HEINRICH
INDIVIDUALLY AND AS TRUSTEE, JOHN L. AND KAREN F. LUZIETTI, AND DANIEL
AND LAURA JO STRAW

Chairman Carlson called for the public hearing to determine if vested rights exist for Randy L. and Danae L. Alonso, Daren S. and Sherri K. Bolton, Manfred Heinrich individually and as trustee, John L. and Karen F. Luzietti, and Daniel and Laura Jo Straw.

Attorney Phil Nohrr, representing five property owners who own property on Barton Avenue west towards I-95, but east of I-95; advised Mr. and Mr. Luzietti own 11 acres purchased on July 15, 1987 for $155,200; that is in the petition which he hopes is part of the record; and if not, he would ask it be made part of the record. He stated the property was purchased to develop 12 two and a half-acre lots plus one or two additional lots; and that is the Luzietti property; Mr. Luzietti was going to sell it all as one 11-acre tract or divide it into two 5.5-acre tracts; and on November 23, 1987, at Mr. Luzietti's request, Brevard County changed the zoning from AU to RR-1 on the eastern one-half of the property. He stated between 1987 and December 31, 1990, Mr. Luzietti spent $201,000 on development of the lots; the actual total through 1991 was $203,972; and he does not have all the receipts because it goes back 12 to 14 years, but has receipts totaling $94,000, which County staff perused. Mr. Nohrr stated prior to 1988, Mr. Luzietti had discussions with County staff concerning how the property would be divided and the best way to establish the lots; he spoke with George Edwards who was in charge of the Zoning Department; and in December 1988, and January 1989, Brevard County approved the creation of four flag lots. He identified the lots on a drawing. He stated since that time, a significant amount of permits have been issued, not only by Brevard County, but other appropriate agencies such as the St. Johns River Water Management District, which issued a stormwater permit. He stated Brevard County gave a roadway and easement improvement permit on March 14, 1989; gas line installation was accepted; there was a land clearing permit; and all are in the petition except the land clearing permit, which he came across last night and faxed to County staff. He presented the permit to the Board but not the Clerk, and made it a part of the record. He stated it is cumulative in nature; and it shows a pattern of development that started shortly after the property was purchased and before the enactment or enforcement of the Brevard County Ordinance. Mr. Nohrr stated on March 30, 1989, Brevard County enacted Ordinance No. 89-19, which limited density on the property; the property has been deemed to be in the ten-year floodplain; Mr. Luzietti was unaware of that and spent a large sum of money in reliance on what he was told; and he started development even before the Ordinance came into effect. He stated Mr. Luzietti filled the land to a height of 17 feet 4 inches before the Board enacted its Ordinance, which says in the ten-year floodplain, it is one unit per ten acres; anything below 17 feet gets in the ten-year floodplain; and therein lies the problem. He stated since Mr. Luzietti filled the property over 14 years ago, some of it has compacted and is now below the 17-foot level; and when a property owner applied for a permit to build a home in March, 2001, that is when they discovered they could not get a permit and they had a problem. Mr. Nohrr stated between 1993 and 2000, the County issued building permits and CO's for five homes in the yellow area; everybody thought they had lots they could develop homes on; and five were permitted after the Ordinance went into effect. He stated everyone involved with the property always felt that with 2.5-acre lots they could build a single-family home; it is important that Mr. Luzietti filled the property to above 17 feet, but as it settled, it went to about 16.6 feet; and they are getting caught in the Ordinance being enforced today. He stated all the people involved have spent a substantial sum of money; they have changed their positions; and they need relief through the vested rights petition. He stated he would like to put on the record Mr. Edwards' letters of December, 1988 and January 1989 creating the flag lots in which he makes reference to a survey of December 15; and he would put the survey in the record showing the overall scheme that everybody was aware was going to be either a 13 or 14-lot development. He stated when they went to the County and asked how they could do it, Mr. Edwards said they could create flag lots and do two plus-acre lots; that is what the zoning would permit; so the objective evidence before the Board shows that it is part of a design that started in 1987 when the Ordinances allowed it. He identified the two lots on a drawing and explained the location of the waterlines that cost Mr. Luzietti $29,000 in 1988/89; stated Mr. Luzietti was not sure if he would sell the lots as one or two, and discussed it with County staff; but the picture that was shown to Mr. Edwards and went through the permitting process was different. Mr. Nohrr stated when the 50-foot right-of-way access was created, it was always understood it was either going to be one lot or two lots, depending upon whatever the demand was; evidently the public did not want much because after 15 years he still has the lots; but as part of the petition, they are asking for the right to develop two five and a half-acre parcels. He stated Mr. Kerr looked over the property; the vegetation tells him the property does not flood; the elevations indicate the property is at or very close to the ten-year floodplain; and he is going to talk to St. Johns River Water Management District and look at its records. He stated they have all their permits in the 1989-90 time frame, which is consistent with the documentation the Board has; they show an act or omission by the County; they acted in good faith and spent over $200,000 developing the properties; his other clients paid Mr. Luzietti so they own their properties; and Mr. Luzietti is bringing forth the petition on their behalf, and Mr. Spielvogel represents another property owner. He stated they have substantially changed their positions; 14 years later it would be unjust and inequitable to deny the petition for vested rights; and requested the Board grant the vested rights so they can continue and finalize their development that started some 14 years ago when the Ordinances permitted it and for which they changed their position substantially. He stated Mr. Luzietti is here, and he will be pleased to answer any questions.

Chairman Carlson stated based on the evidence and criteria for considering vested rights, the property owner acted in good faith reliance on the County's act and substantially changed position based upon reliance on that act; so she would accept a motion for vested rights.

There being no further comments or objections heard, motion was made by Commissioner Colon, seconded by Commissioner Scarborough, to approve vested rights for Randy L. and Danae L. Alonso, Daren S. and Sherri K. Bolton, Manfred Heinrich individually and as Trustee, John L. and Karen F. Luzietti, and Daniel R. and Laura Jo Straw, as they acted in good faith reliance on information received from the County and substantially changed their positions. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: DETERMINATION OF VESTED RIGHTS FOR DWAYNE S.
AND SANDRA E. WILBURN

Chairman Carlson called for the public hearing to determine vested rights for Dwayne S. and Sandra E. Wilburn.

Attorney Leonard Spielvogel, representing Scott and Sandra Wilburn, advised his clients purchased two lots from Mr. Luzietti in July, 1997; one of the lots has a flag lot approval; they were brought to the property through a licensed real estate broker, had counsel, and went through a title company; and what they saw was a completed home. He stated since they closed on the property, four additional homes were built, so they had no way of knowing those lots they were purchasing as a home site were not capable of being utilized; and they are requesting vested rights. He stated his clients are aware the Ordinance is to protect the public and limit growth in the ten-year floodplain; and they would be glad, through stipulation or a binding development plan, if their request is granted, to increase the height of the building pad, driveway, well point, and drain field so they do not experience the problems experienced by Deer Run. Mr. Spielvogel advised his clients appreciate the fact that it was called to their attention, but they did not know about it at the time they acquired the lots and spent over $80,000 for the acquisition; one of the lots was purchased by his client's parents because they could not buy it themselves; and Mr. Wilburn's parents conveyed the lot to them at no increase in price. He stated they have a young child; they want to make the area their home; and that is where they want to settle down. He requested the Board's consideration in granting the request as it saw fit to grant it to those property owners represented by Mr. Nohrr.

Chairman Carlson inquired if the Board can attach conditions to vested rights based on what Mr. Spielvogel said concerning abiding by the Ordinance in terms of raising the property to avoid flooding issues; with County Attorney Scott Knox responding he thinks the Board can do that. Chairman Carlson stated the Board did not do that for the last request; it is a good thing and she hopes his clients will go through with it; but it would not be appropriate to apply conditions to the Wilburns and not the others. She requested the Board use the criteria for consideration that the property owners acted in good faith reliance on the County's act and substantially changed their position based on that act.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to approve vested rights for Dwayne S. and Sandra E. Wilburn on the basis they acted in good faith reliance on information received from the County and substantially changed their position. Motion carried and ordered unanimously.

Commissioner Scarborough inquired if a person acquires property and part of the compensation paid are for elements of the vesting of rights, does that person own those rights; with Mr. Knox responding they would have their own vested rights at that point. Mr. Knox advised if Mr. Spielvogel's client turns around and sells the property now that he has vested rights and if the new person buys the property knowing of those rights and relied on them and spends an extra premium to obtain those rights, the answer is yes. Commissioner Scarborough stated the criteria says acquisition of the land is not considered development expenditures, but there was additional compensation to acquire the rights; with Mr. Knox responding if the buyer acted in reliance and expended in reliance, that is a good argument.

Mr. Nohrr advised Mr. Jenkins owns Tract I, which is next to the property the Board voted on for his clients and next to Mr. Spielvogel's clients' property; and he does not represent Mr. Jenkins, but wanted to know if there were any guidelines the Board can give Mr. Jenkins to be able to get his building permit.

Commissioner Scarborough advised this is a public hearing, and procedurally, while Mr. Jenkins fits in the criteria, the Board cannot approve it because his property was not advertised as part of the public hearing. County Manager Tom Jenkins advised Mel Scott can help Mr. Jenkins with the process, as he will need to have a public hearing. Chairman Carlson suggested Mr. Jenkins meet with Mr. Scott who will help him.

The meeting recessed at 11:32 a.m. for an executive session and lunch, and reconvened at 1:02 p.m.

ANNOUNCEMENT, RE: TRIBUTE TO AMERICAN HEROES

Chairman Carlson advised the November 11, 2001 tribute will be televised; and those who come in uniform from military, paramedics, firefighters, will be put in box seats with their families.

AGREEMENTS WITH CENTRAL BREVARD HUMANE SOCIETY, RE: CENTRAL AND
SOUTH BREVARD ANIMAL SHELTERING SERVICES

Animal Services and Enforcement Director Randy Jackson advised the investigation is complete; new information has come to light regarding the South Shelter; and the Board may want to extend the Agreement to November 27, 2001 until they can meet with the Society.

Commissioner Scarborough inquired if the additional information was shared with the public; with Mr. Jackson responding the information is from the ongoing investigation into concerns about the Humane Society. Commissioner Higgs inquired what information the Board does not have in its package that it needs to know; with Mr. Jackson responding the report is complete in the sense of information staff was looking for; the only thing they are looking at is possibly better ways of doing business with the shelters; and they want to make trips to other shelters in the State to see how they work with the Societies, and get information on computer software, etc. Commissioner Higgs stated she wants to bring this item to closure; and there may be questions that can be answered in the process. Chairman Carlson stated if questions come up from the public comments, the Board may need to extend the Agreement.

Larry Beckham advised there were comments that they neglected his brother's dog Tiffany; Tiffany was not abused; when he took Tiffany to the veterinarian two months ago, the veterinarian added information to the report that did not happen; it was added for Animal Control; and what happened with Tiffany at the shelter should not have happened. He stated it seems that someone is digging for something that is irrelevant about Tiffany, her environment, and how she was before the episode happened; and that has nothing to do with what happened at the Humane Society shelter. He stated he took Tiffany to his dog's veterinarian to get a Cortisone shot because she was scratching; and he understands the Board may be hearing from the veterinarian.

Lori Armstrong advised she read the article about Tiffany in the newspaper and called 18 different veterinarians, and the 15th veterinarian, Dr. Mathusa, told her Tiffany was abused and he felt they were on a witch hunt against the Humane Society. She stated she tried to reassure him that was not the case and that the Humane Society was a good thing, but modifications were needed so no animal goes through what Tiffany went through. She stated Tiffany was put in a room and left alone, and forgotten about; had she received treatment she needed, she would have been alive today; and Dr. Mathusa said he knew firsthand the dog was abused because she did not have a rabies tag or shot and was not spayed, which is not a fact because she was spayed. She stated that may be neglect, but it has nothing to do with why Tiffany is gone; the real issue is the Humane Society and what is going on that should not be going on; and there needs to be better control and ways of running the operation because they handle a lot of dogs. Ms. Armstrong stated animals feel pain like people do; Tiffany should not have died; a lot of dogs get out every day and get hit by cars; but they are okay when they get treatment. She stated Dr. Mathusa said he knew first hand the dog was hit by a car, picked up by a neighbor, taken to Animal Services, and Animal Services took her to the Humane Society; nobody noticed the dog was hurt, and that is wrong because the dog should have been thoroughly examined and not just put in a cage and forgotten about; and that is an issue that should be addressed because that dog should have gotten the help she needed.

Karen Nemschick stated she is the second owner of Tiffany and has lived with her for four years; on September 25, 2001, when Tiffany left the yard, she was not injured; she was never abused; the Humane Society had Tiffany in its care for three days and neglected her until an infection set in from getting hit by a car; and that is what killed Tiffany. She stated two veterinarians, Dr. Modi and Dr. Eden, said Tiffany died of infection and would have lived if she had gotten the proper care; she made it 14 years in their house; they abused or neglected her at the Humane Society; and maybe the workers did not know how to handle cases like hers. She stated Clara Gunde has run the facility for 11 years; Tiffany is not an isolated case; she received an email from a poodle owner whose dog experienced the same care; and she has a copy of it if the Board wants to see it. She stated they have gotten a lot of emails and phone calls regarding animal abuse, animal cruelty, neglect, and lack of procedures at the Humane Society; but nobody has addressed all the animal abuse in Brevard County; animals are not pets, they are family; and advised of her son's illness and surgery at five months of age. She stated she would take care of her pet as she does her son; today she found out Tiffany had Cushing's disease, which she never heard of before; and she would have gotten medial attention for Tiffany if she had known about it when they returned from their trip. Ms. Nemschick stated the County should take over the Humane Society's operation because it is evident Clara Gunde has not been doing a good job, or maybe she does a great job, but the public does not see what goes on there. Ms. Nemschick stated she knows a lot of people who worked there; one worker said Tiffany was injured upon arrival; and Animal Services and Enforcement's investigation has not proved that to be true or false. Ms. Nemschick stated Animal Services has not done anything; she would like to see that something is done, whether Clara Gunde or the County takes it over; it is not fair to the animals; and the people gave up their time to come here to see some changes get done. She stated the policy is not going to change what is going on with the workers who are physically taking care of the animals; putting in new computers is not going to make things work better if they neglect a dog; and requested the Board take the time to review the operation.

Scott Beckham advised last month he explained to the Board the story about his dog; and since then he has set up a website to prevent the Board from having a room full of people with similar stories. He stated Animal Enforcement runs around investigating to turn the light of the investigation somewhere else; it does not matter if he dropkicked his dog, the fact is the dog was abused in the Humane Society's shelter; and unfortunately no one seeks the truth to find out what happened in Tiffany's case. He stated it does not matter to him whether the County runs it or Humane Society runs it; all he wants is to see changes so it does not happen again; Ms. Gunde has been doing it for a while; but the County needs to implement changes and let her keep doing it, if the County wants to do that. He stated the County is going to have those cases again until it finds out what happened to the last case and holds someone accountable; Animal Enforcement and two investigations have not gotten them any closer to knowing what happened to his dog; they want him to believe the dog was healthy and old; and he has pictures that will show the dog was not healthy. He stated any individual would realize a dog with a bone about to come out of its back is not healthy; he is guilty that the dog did not have a collar, but he is not sure that would have saved her. Mr. Beckham stated the record keeping on tags is months behind; and sometimes they are entered to the wrong people. He stated the dog lived for 14 years; that does not happen by abuse; and inquired why Officer Perante did not get the information, why did she fail, she could have told him what kind of truck it was and what race the people were; but in the report the Board received on the final investigation, not one page of her log book is in it, nor a transcript of the call she may have made to Animal Control. He stated there are too many pieces missing; and inquired it Dr. Mathusa could have been telling the truth and the dog was delivered to the Humane Society injured. He stated canceling the Contract with the Humane Society is not going to fix anything; giving it the Contract is not going to fix anything; but the Board needs to step in and say there was a gross violation of a Florida Statute. He stated the Florida Statutes are to prevent that kind of thing from happening; his dog died, but nobody seems to be interested in seeking out the truth; and the Board will not know the truth until it knows how it happened the first time. He stated it is not an isolated incident; he has emails from around the world and locally telling that incidents have happened before; and he will forward them to the Board. He requested the Board not make a decision because time is running out, but make a decision because it wants the animals in the County to be better off and people not have to worry about their animals going to the Humane Society's shelter.

Elaine McClung stated a lot has been said over the past few months about whether the County should operate the South Branch or whether a new strengthened contract with Central Brevard Humane Society (CBHS) should be put in place; and when all the emotions are set aside and the facts are viewed, it should be clear that a strengthened contract is probably not the best option. She stated the facts that have been documented are: breach of contract by CBHS; on July 13 and 14, 2001, CBHS notified BASE that it would not be taking any animals; CBHS did not have copies of the by-laws or current articles of incorporation with current board members on file with the County; CBHS has not been filling out the daily log as required by BASE; and there is an issue of accountability. She stated audits of 1992 and 1996 cite the CBHS for not having accurate records; to date she does not believe they have accurate records; at the Board meeting of August 28, 2001, Mr. Jackson stated on June 12 the County requested that information referring to disposition; and Mr. Jackson further stated to date he has not received it. Ms. McClung stated there is an issue of broken trust; CBHS has led the public to believe by their Standard Operating Procedures and adoption contracts they do not engage in pound seizure; it has been documented that pound seizure has occurred; and on August 27, 2001, BASE confirmed that CBHS sold pet rats to Plucky's Pets with full knowledge the animals would be sold as feeders to snakes. She stated the Board heard Mr. Beckham tell about his dog Tiffany; he went to the South Branch shelter numerous times and was told his dog was not there; but sadly, Tiffany was there in pain and dying. She stated they were told that CBHS did not have a protocol in place for receiving animals; with 11 years in sheltering operations, it would seem poor management; it was suggested by the Board that staff include a new column on the daily log regarding rescue contacted; and inquired if that has been added to the daily log, if the daily log is filled out for all animals at the shelter, not specifically animals brought in by BASE, and if the disposition is filled out for every animal at the shelter.

Commissioner Colon inquired what would Ms. McClung think would be the difference if the County takes it over versus keeping the contract; with Ms. McClung responding the primary difference would be accountability, which they have not had; CBHS has breached its contract many times; accountability for the animals is not there and has not been there since 1992; and she believes they are fully aware of that issue. She stated a strengthened contract will not have accountability, but the County would, if it ran the shelter. Commissioner Colon inquired if Ms. McClung has visited the North shelter that is run by the County and is comfortable with it; with Ms. McClung responding the main issue is accountability; the County would be more accountable for the animals and their welfare than CBHS; and if she had to deal with an organization that had breached a contract as many times and for as many years as CBHS has breached it, she does not believe she could honestly say she would go with another contract, even a strengthened contract with more protocols, inspections, and controls. She stated she does not trust it.

Virginia Sobredo advised until recently she was part of the staff at Central Brevard Humane Society South Branch; and she speaks from experience when she says it is time for change. She stated her interest has been the well-being of the animals whether CBHS, the County, or any other organization runs the shelter; CBHS does not welcome change; throughout the past year alone, it has refused to acknowledge problems and has fought solutions as though they were the enemy; and CBHS has forgotten to see each animal as an individual. She stated as long as the County allows it, CBHS will continue to conduct business in the same manner it has grown used to; it is time for change; it is proven CBHS does not abide by its present Contract; and renewing the contract should not be an option. She stated they have been given chances; even as the new contract is being discussed, another incident occurred with no solution; and they will welcome changing to the County to be more accountable. Ms. Sobredo stated they speak for those that cannot, all the lost and unwanted animals in the community; many people told her they are fighting a losing political battle because CBHS has been running the shelter for so long it is easier to renew the Contract and move on; to those she says no, they are wrong because the system works; and she believes the Commissioners know the answer is clear. She stated she looks forward to a better future for the animals.

Melinda Buschor stated comparing the North Brevard Animal Care Center with the South or Central shelter is a difference of night and day; they are more progressive in their thinking; they are thinking about microchipping animals that would make a person more responsible for his/her animal; if Mr. Beckham had purchased his dog from the shelter, it would have been micro-chipped before released; and that is a way to get the animal back to the owner. She noted it is going on in Europe and is a rage there. She stated it is definitely time for change; when she started with the feral cat network, she grew very frustrated seeing all the animals un-spayed and un-neutered; she walked into colonies of 50 to 60 cats; and out of frustration, she went to Dr. Ward and said she was tired of it. Ms. Buschor stated at that time SPCA came to the Board asking for a spay and neuter facility at the Central Brevard Humane Society; and the County thought it was a great thing to do. She advised of being harassed; and stated it is definitely time for change.

Mary Peer advised she is a concerned resident and animal lover who has followed the recent events that were brought to light involving the Central Brevard Humane Society South Branch; she is also a former volunteer; and the reason she is no longer a volunteer was not her choice. She stated the shelters were faced with thousands of unwanted animals that society throws away daily; it is the shelter's job to treat those animals as living creatures and not somebody's garbage; the tragedy that occurred with Tiffany should never have happened; but unfortunately judgments are made regarding certain animals that are incorrect. She stated every animal that enters the shelter should be treated as humanely as possible; this event was not the only oversight at the shelter; the shelter manager said she cannot recall it ever happening before; and that says it may have happened, but she was not aware of it. Ms. Peer stated she is not saying everyone who works at the shelter does not care, but some have compassion fatigue and it has become just a job to them; and when they no longer have compassion for the innocent animals that are brought in because of human failure, it is time for them to move on. She stated it is imperative that the contract not be renewed since there seems to be no accountability on the part of CBHS; and if the County took over the south shelter there would be accountability to the Board and citizens of Brevard County. She stated there need to be changes in the system regarding recordkeeping, training of personnel, and utilization of resources that are available to make it a better shelter; whether the County or CBHS operates it, there needs to be accountability by inspections, audits, or whatever; and the citizens of Brevard County have to take responsibility for the burden they put on those shelters. Ms. Peer stated she is not here to say what should be done and walk away; and she is willing to participate in any way she can to be part of the solution and not part of the problem.

Bea Polk advised of how she acquired a dog, the steps taken to clean it up, get its shots, etc.; and what happened to her dog while she was on vacation. She stated numerous calls to North Brevard did not turn up her dog; she later found the dog at the Central shelter; and inquired why the dog was taken to Central when she lives in North Brevard. She stated she was reprimanded for not caring about the dog because it did not have a tag; she did not have time to get a tag; at the meeting when the Board was to consider more restrictions on dogs, she saw her address listed with a bull dog; and there is something wrong when someone cannot tell the difference between a hound and a bull dog. She stated she wants to find out why County people are picking up dogs in the North area and taking them to Central Brevard. Ms. Polk stated one of the women working in the back at the Central shelter said it is a good thing she got there when she did because the dog would not be there; she asked the lady where would it be and was told it would go for tests; but the test was when they sold the dogs. She stated she made numerous phone calls trying to find her dog; if someone lives in North Brevard, that person would think that is where the dog would go; and inquired how many other people have experienced the same problem.

Susan Canada advised she received a letter from Dr. Fetro at Brevard Community College (BCC) Cocoa Campus that stated they are not using shelter animals, and instead are having their staff, faculty, and students bring in their pets for wellness checks; they are also talking about going into the clinics at both shelters for training classes; and she is pleased to see the progress made with BCC. She presented packets to the Commissioners, but not to the Clerk; stated it is from the Humane Society of the United States; and noted there is a consultation program so that no matter who has the contract, they can keep the shelters running up to par. She stated some of the objectives they help clients accomplish are developing cutting edge animal care and health services, strengthening field services, planning for everything, from minor renovations to new state-of-the-art facilities, responding to community complaints, acquiring new resources, evaluating revenue creation models from animal licensing fees to community fund raisers, self-endemic policy and management issues, and reduction of problems associated with staff competence and retention. She stated they will send in a large team, depending on the depth of the scope of work the Board would like them to do; their experts examine each issue, program, and policy in the context of the entire operation; and they recognize the success of any animal services program hinges on highly-integrated programs. She stated there is a fee for the service, but it would help the County with its shelters; and their evaluations commonly encompass three key components of animal service delivery--shelter facilities and operations, animal control and field services, and management and administration. Ms. Canada advised they will be in Palm Beach in December; and several facilities they have gone into have made such vast improvements, they heard nothing but good afterwards. She stated Commissioner Colon asked why they feel the County would do a good job compared to CBHS; they would have a recourse if there is a problem at the shelter and could go to the head of Animal Services, come to the Board, or go to the County Manager; and there is more responsibility and more recourse if there is a problem. She stated the difference with North Animal Care Center is the back room is spotless and professionally run; the staff does a beautiful job; there has never been one room where she was denied entry; they have very good workers; and she hopes the Board can give them the raises they deserve. She stated if the Board has questions about the consultation papers, there is a phone number they can call; and it is time for the County to act and take over the South shelter.

Chairman Carlson advised the essential issue is how to solve the problem and ensure a Tiffany event does not recur; the issues of accountability and breach of contract have been brought up over and over again; so the Board needs to focus on solving the problems. She stated her concern is oversight; if the County extracts the contract, it will leave CBHS to run on its own; and inquired where is the oversight in terms of State law, and who would provide that oversight of a nonprofit organization that deals with animal care.

County Manager Tom Jenkins advised if the County takes over the South shelter, it would run two shelters; the Humane Society would revert back to being a private not-for-profit organization, which is an independent organization and would have a different role; all the County animals that are picked up are under the custody of the County and are taken to the Humane Society's shelters; but that would change and their role would change dramatically as they would be a private organization outside the Animal Services loop. Chairman Carlson stated she understands that, but wonders if there are Florida Statutes that cover animal issues and who would go in if there is a problem that exists there and what action could the Board take to do anything about it; with Mr. Jackson responding the Health Department does inspections of all shelters at least once a year; EPA does environmental inspections; and if they use controlled drugs on scene, the DEA does inspections. Mr. Jenkins noted the biggest change would be the volume of animals.

Commissioner Scarborough stated he does not have to be at the computer to know what is in it; and if they are using computers, there is the capacity to access information instantaneously as soon as the information is entered. He stated the issue may not be the contract but the County instituting a computer methodology, photographing animals with digital cameras, and having that information that is not abolished even with closed files; Wal-Mart knows how many screwdrivers it sold 20 years ago; and the constant evolving inventory of animals would stay in the system. He stated people value animals as they do children, family, and friends; the County needs to provide that level of information; and if that information is in the computer, they do not have to run to the shelter continuously and can scan through the system at the shelter to see what animals are there and instantly know where the animals are in all the shelters. He stated whether one group or another organizes the shelter, the County is responsible for it; and if it provides that level of information to the community, he will be happy either way.

Chairman Carlson requested staff elaborate why it wants to postpone the contract; with Mr. Jackson responding another 30 days would give them the ability to visit other shelters. Mr. Jenkins stated Commissioner Colon had an interest in looking at other shelters.

Commissioner Higgs stated the real issue is whether or not the County is going to extend the Contract, and if so, for how long; and they can look at other shelters and see different practices and find advantages, but the real question is if the County is going to take it over and take the accountability some people think will come with that, or is it going to continue with the Humane Society. She stated the Humane Society is not here today; she appreciates the service it has provided over the years; it has been an advocate throughout the County and country for animals, animal care, and proper treatment; and many times the Humane Society came forward to advocate for animals. She stated she is not ready to say the Humane Society has not done a wonderful service to the community; in general the Board has tried to privatize service; so at this point the Board needs to make a decision to go forward and take care of the problems that were pointed out. She stated the Humane Society can continue to operate the tremendous service to the community with its Central shelter and continue to advocate for animals; perhaps expecting them to run a shelter the size of the South shelter with a limited budget is a disservice to them; but the Board needs to make a decision today. Commissioner Higgs stated if there is a majority that wants to move forward and assume the responsibility, she will support that today; it is not saying she does not appreciate everything the Humane Society has done, but running a shelter may be a responsibility that rightfully goes to the County; there is some service with running both shelters and having those costs divided between the two; and there is an economy of scale the Board could achieve, so it should make a decision and move on. She stated it is unfair to the Humane Society to string this out any longer. Commissioner Colon stated if that is a motion, she will second it; with Commissioner Higgs responding that is not a motion.

Commissioner Colon stated there are so many factors involved; one is the computer system; she visited Vero Beach and found out the Humane Society was doing a wonderful job there; and the system they use is Chameleon, which is how they track the animals. She stated the shelter was nice and clean; they were receptive to input from the community and worked closely with the community; she also visited Indian River County's facility and found it to be the opposite, as it did not have the Chameleon system; but Brevard County has the Chameleon system. She stated some people talked about breach of the contract; this is not saying the Humane Society did not try its best; but the Board is brought information time and time again from folks who worked and volunteered there who say they need a change. She stated she is not taking away from Ms. Gunde who tried her best; the Humane Society always has a place in the community; but the Society in Indian River County has more communication with the community than it does in Brevard County. Commissioner Colon stated they were going to Palm Beach because it has a model that the entire country wants; but that County has the money to have a state-of-the-art facility. She stated it is crucial to talk about tags because sometimes there is a false sense of security that tags are the answer; if the tag registration is not in the computer, it means nothing; the animal may have a tag, but if he is not in the computer, it does no good; so that is something to consider. She stated if the microchip is not registered, it does no good either; there is no perfect system; but after weighing some of the testimony, she would not have a problem with the County giving it a try.

Commissioner O'Brien stated it is imperative to remember that throughout the nation the Humane Society has been doing a wonderful job for more than 50 years; looking at different management styles and ways to run a business, some are successful and some begin to fail or become failures; and he is not comfortable saying the County is going to build, take over, buy, or whatever, an animal shelter and run it. He stated without volunteers, the Society would not be there for the County; in order to face the tough financial times, the Board has to stop its financial bleeding and not say it will take over the shelter; and it contributes about $180,000 to the Society to operate the shelter; but if it took it over, it would cost $500,000 or higher. Commissioner O'Brien suggested working closely with the CBHS, getting the Chameleon system and digital cameras, etc., and helping to solve the managerial problems rather than ingraining itself into being the shelter. He stated instead of having 15 volunteers, the County will have five employees during the day and two at night 24 hours a day seven days a week, which could be expensive; there are other avenues it should consider taking; and he is not sure the contract is the avenue that will work, but the County should not take over or create its own shelter either. He stated if the Board goes that route, it should stipulate that it will be for six months, then have a contract to privatize the operation; and hopefully it would be the Humane Society with a new board to take over the shelter. Commissioner O'Brien stated it will not be a cheap proposition; and inquired how much would it cost to retrofit, repair, clean, and make the shelter come up to government standards. He stated it has an option to resolve the issue without that great expenditure; the Board has already raised taxes; it is going to lose money from federal and State governments; and at some point the Board has to stop spending money and find ways to cooperate and make contributions to other groups to provide the service.

Commissioner Higgs inquired, based on the fiscal impact staff outlined in the Agenda Report, how much more would it cost if the Board chose to operate the South shelter; with Mr. Jackson responding the estimated cost is zero; part of the reason is not only the contracted amount given to the Humane Society, but the other revenue they receive from tag sales, transport fees, and adoption fees; and the County would get that revenue if it took over the shelter. Commissioner Higgs inquired if the contract is valued at $516,000; with Mr. Jackson responding yes. Commissioner Higgs inquired if it would be sufficient to operate the shelter; with Mr. Jackson responding yes. Commissioner Higgs inquired how long would it be before the County could operate the shelter; with Mr. Jackson responding the Board would have to give 30 days termination notice. Mr. Jenkins stated the contract expired; with Mr. Jackson responding it was extended for 30 days, and he does not know how that clause would come into play. Commissioner Higgs stated if the Board chose to operate the shelter, it would have to extend the contract 30 to 60 days and arrange for the transition; with Mr. Jenkins responding if the Humane Society is willing to do that, it would be the reasonable approach.

Motion by Commissioner Higgs, seconded for discussion by Commissioner Scarborough, to extend the Agreement with Central Brevard Humane Society to operate the South Animal Shelter for 60 days, and authorize staff to arrange for the transition of the operation to Animal Services and Enforcement Department.

Commissioner Scarborough stated the County needs to upgrade information dispersion; he does not want the County to take it over and find the next Tiffany is the County's problem; and the reason for taking it over is to have assurances to provide that level of information discussed. Mr. Jackson stated they can use the Chameleon system and look at a contingency plan if the Board decides to go that route; and they will look at upgrading the computers at the shelters to accommodate the Chameleon to have that information available.

Commissioner O'Brien inquired what has been the monthly or annual cost to operate the north shelter; with Mr. Jackson responding when the County took it over, the contract was for $46,000 a year; it went to $190,000 because of extended services; before they had partial days and did not work five days a week; and the hours and days of operation have been extended. He stated they have taken over adoption of animals; before it was going to be a holding facility; but it became a full-service facility, which caused the increased cost. Commissioner O'Brien inquired about the number of employees; with Mr. Jackson responding four full-time employees. Commissioner O'Brien inquired about volunteers; with Mr. Jackson responding there is a host of volunteers, between four and seven on any given day. Commissioner O'Brien inquired if it would cost $190,000 to take over the South shelter; with Mr. Jackson responding the South shelter is three times the size of the North shelter; when they took over the North Animal Care Center from SPCA, those services were not provided; but it is full service now and open six days a week. Mr. Jenkins inquired if there were other revenues going to SPCA; with Mr. Jackson responding they got the same deal as the CBHS with part of the tag sales, adoption fees and other things. Commissioner O'Brien inquired how much are they getting from tags, adoptions, and other optional income; with Mr. Jackson responding he does not have the history on that, but can find out. Commissioner O'Brien stated it is important to find that out; the Board would like to see what that money stream is; and if the stream is not strong, the Board will step into a financial quagmire in tough financial times and would not be able to afford it unless it raises taxes again, which it does not want to do. He suggested amending the motion to six months and privatizing it after that time.

Commissioner Colon stated it is appropriate to reach out to the community; the commitment has to be from those folks who spoke today because innovative ideas were not followed; the Board needs a helping hand; it is not just government, it is a partnership with volunteers and the community; and she hopes they will step up to the plate. She stated the Board wants the service to pay for itself through tag sales, adoption fees, etc.; it cannot keep putting the burden on the entire community; and it is appropriate for her to count on the community to make a commitment to step up to the plate.

Commissioner O'Brien inquired about getting the Humane Society from another county to operate the shelter in six months or a year from now; with Commissioner Higgs responding she is not eliminating other possibilities, but is not willing to say six months; it is not fair for anybody to jump in there with a short focus; and there may be other options in the future. Commissioner O'Brien stated unless the Board directs staff to start looking, they are not going to try.

Chairman Carlson advised the motion is to extend the Contract with Central Brevard Humane Society for 60 days and for Animal Services and Enforcement to assume responsibility of the South Shelter; and called for a vote on the motion. Motion carried and ordered unanimously.

Mr. Jenkins stated it would be difficult to gear up for six months and then terminate the operation. Commissioner O'Brien inquired if they are on the payroll; with Mr. Jenkins responding no, the County owns the shelter, but it has to bring people in to operate it. He stated they have supervisors, but will need workers and volunteers.

Commissioner Scarborough stated people make mistakes; the Board has had a good relationship with CBHS on many occasions; and it would be nice to send it a letter and express the Board's appreciation for the years it has cared for the animals in Brevard County.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the Chairman to send a letter to Central Brevard Humane Society, expressing appreciation for its years of caring for the animals in Brevard County. Motion carried and ordered unanimously.

PUBLIC INTEREST DETERMINATION, RE: NORTH NOKOMIS CANAL MAINTENANCE
DREDGING

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table the public interest determination of North Nokomis Canal Maintenance Dredging project until November 20, 2001, to consider tabling it to December 18, 2001. Motion carried and ordered unanimously.

STAFF REPORT, RE: OPTIONS FOR ADDITIONAL CUP REQUIREMENTS FOR ON-
PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES

Planning and Zoning Director Mel Scott advised the Board directed staff to provide a report identifying mechanisms that it could incorporate into the Zoning Code for reviewing the conditional use permit for on-premises consumption of alcoholic beverages; staff identified eight possible Code provisions which the Board could entertain; and they are not mutually exclusive, so the Board can pick and choose from one through eight. He stated staff incorporated communities that are currently employing those ideas and also, when possible, recommendations of the Pacific Institute, which was tasked by the Department of Justice to develop best practices for local jurisdictions in addressing the issue.

The meeting recessed at 2:11 p.m. and reconvened at 2:21 p.m.

Chairman Carlson advised Commissioner Scarborough recommended going through each of the items one at a time, and the first is to specify operational requirements as part of the CUP approval.

Commissioners Higgs and Scarborough agreed to include Item 1 in the CUP regulations.

Commissioner O'Brien recommended the operational requirements include how much parking there should be because there is consistent over-parking at bars and restaurants; and that may be a reason to revoke the CUP if there are parking problems. He stated there should also be sufficient room for people who are waiting at a restaurant because too often they bring their children into the bar area because of lack of space where families can wait for seating. He stated he does not like to see children in bars; and if it is part of the operational requirements, that would solve the problem. Commissioner O'Brien advised the Board talked about consistent complaints or police reports and how to deal with that; there is a bar on Merritt Island where patrons leave beer bottles in the parking lot, fights break out at 2:00 a.m., and the Sheriff deputies are called out there three or four times a week; there is little the Board can do about it; and it should have something saying it can revoke the CUP for alcoholic beverages, but not their license to operate. He stated another problem is serving alcohol to underage persons; and there should be something in the operational requirements that provides for revocation of the CUP if they serve underage persons. He stated the Board needs to develop criteria for operational requirements that account for families, hours of operation, sufficient parking, etc.

Commissioner Scarborough stated it is not something the Board has to define today, but has the option to attach it to the permit. He stated there may be places where outside dining and drinking is not a problem, but another place where it could be a profound problem; and the Board does not have to decide where to apply it, but it needs to have the capacity to apply it on a case-by-case basis. County Attorney Scott Knox responded the Board wants the options available.

Commissioner O'Brien advised No. 7 says, "restrict the refiling of a CUP application following revocation"; Hillsborough County says one year; and Brevard County should have one year if the permit is revoked. He inquired how many days after abandonment would be appropriate to avoid legal problems if someone has a CUP for alcoholic beverages and closes the doors and walks away; with Mr. Knox responding abandonment is a bad term to use because it requires showing intent; and discontinuation is a better term.

Chairman Carlson stated No. 2 says, "Establish a time limit for obtaining the zoning use permit after CUP approval." Commissioner O'Brien stated 30 days is appropriate. Commissioner O'Brien advised No. 4 states, "Reduce the time allowance for establishing the CUP after zoning approval"; Collier and Lee Counties have zoning approval expiring in six months if the use is not established; and stated he agrees with restricting refiling, requiring new public hearing for change of ownership, and all the options; but they need to be better defined.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to draft an ordinance including the additional requirements for a CUP for on-premises consumption of alcoholic beverages, and bring the ordinance back to the Board for further review.

Commissioner Scarborough stated if all those things are put into the draft, the Board can adjust them at the public hearing. Commissioner O'Brien stated an option the Board missed is in Mr. Knox's memo of September 25, 2001, which says create an automatic review process whereby each CUP goes back to the Board after certain time period passes; however, there is a note from Assistant County Attorney Eden Bentley indicating that cannot be done and would convert to temporary use.

Chairman Carlson advised when staff comes back with the reworkings for the alcoholic beverages CUP, the Board could apply the same language for other CUP's, such as adult entertainment, landfills, towers, and other problem areas.

Commissioner O'Brien stated the present CUP regulations exempt restaurants with more than 50 seats in shopping centers; shopping centers can be strip malls; and he does not think they should be exempt. Planner Robin Sobrino advised the Code defines shopping center as having a minimum of 21,000 square feet with one major anchor tenant and other retail tenants; and the primary use is retail. Commissioner O'Brien stated he is looking forward to this regulation to be able to correct the problem areas by removal of the permits.

County Manager Tom Jenkins inquired if the motion is to bring back the ordinance or advertise the public hearing; with Commissioner Scarborough responding bring it back prior to advertising. Commissioner O'Brien recommended copies of the draft ordinance be sent to the Restaurant Association before the Board goes forward with it.

Chairman Carlson called for a vote on the motion. Motion carried and ordered unanimously; Commissioner Colon being absent from the room.

REPORT, RE: TOWERS AND MIGRATORY BIRDS

Chairman Carlson advised the request is for the Board to consider the report and provide direction regarding amending tower regulations to better protect migratory birds.

Majorie Derrick thanked the Board for considering the migratory birds; and stated it is in keeping with the Migratory Bird Treaty Act, Endangered Species Act, and Bald and Golden Eagle Act. She stated she located a report of one massive kill in Brevard County and kills in counties north and south of Brevard, which lie directly on the migration track; the Brevard kill took place between October 6 and 8, 1964 caused by gantries, radio towers, and tall buildings; and researchers collected 4,707 dead birds, and estimated that to be a small percentage of the total killed. She stated 1,000 birds died at several towers in Jacksonville between October 1 and 4, 1973 at a Coast Guard Station adjacent to the northeast boundary of Jonathan Dickinson State Park; 617 birds died at the Station's antenna tower in one and a half hours; and the time was recorded by a Coast Guardsman who was present and the number by researchers who collected the birds. She stated there is no doubt that towers are a threat to the specific migration track; it does not just apply to the coast; Central Brevard is an active migration area; and in Rockledge, Allen Cruickshank Sanctuary reported daily counts of 12 to 17 species of birds in April, 1971. Ms. Derrick advised on October 17, 1974, a fallout occurred in Cocoa during severe weather, which may mean the birds were knocked to the ground; 23 species of warblers were counted there; and the Oleander chief scientist was quoted by Mr. Spielvogel as saying the western marshes of Brevard County are known for their bird activity as well. Ms. Derrick advised she tried to get a migratory bird map of Florida from four organizations to locate specific areas affected by migration, and in every case she was told such a map does not exist because migration is so widespread. She stated she saw a radar map showing nocturnal migration over the entire Florida peninsula; it builds up, peaking at midnight, then declines; and it looked like a river of life going overhead and nobody knows it is there. She stated it could be argued that the 200-foot limit on height and co-location already required are sufficient; however, the guidelines are based on the best mitigation research presently available; it indicates in overcast weather, lights, especially red ones, seem to attract birds; they think they are navigating on stars because they practice celestial navigation; and they spiral around the towers trying to adjust their internal compasses until they collide with the towers or fall from exhaustion. She stated guy wires kill birds during the day time partially because they cannot be seen against the sky; kills are also due to birds inattentiveness and distractions; but at night the guy wires kill because they are invisible when migration is at its peak.

Chairman Carlson advised the option is to direct staff to initiate public hearings by the LPA and Board of County Commissioners to incorporate some or all of the U.S. Fish and Wildlife guidelines into the ordinance.

Zoning Official Rick Enos advised staff incorporated all the U.S. Fish and Wildlife recommendations into the current Ordinance; there were about 12 of them; and if the Board directs staff to advertise it, all the recommendations will come back for consideration at the public hearing. Commissioner Scarborough stated the Board can delete any recommendations if there are public comments justifying their deletions at the public hearing.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to prepare an ordinance amending the tower regulations to include all the U.S. Fish and Wildlife Service guidelines for towers to protect migratory birds and initiate public hearings before the LPA and the Board.

Commissioner O'Brien stated page 3, paragraph 8 says, "The applicant shall show that there is no negative impact of the proposed tower on migratory birds, including impacts on birds listed as threatened and endangered and non-game species of management concern."" He stated the objective of the ordinance is for bird conservancy because they are being killed by towers; all towers pose a danger to birds; and inquired how are people going to show that there is no negative impact of a proposed tower on migratory birds when all towers create problems for those birds. He stated one part of the ordinance says do not bother to apply for a tower because it will have a negative impact on migratory birds, including endangered and threatened species. Mr. Enos advised the focus of the recommendations by U.S. Fish and Wildlife Service is lit towers, particularly those over 200 feet in height; so the proposal that starts on page 2 is that there will be a preference given to towers under 200 feet and unlit. Commissioner O'Brien stated page 2, paragraph (c) says, "Towers and antennas which exceed 35 feet and are 200 feet or less shall be located on the site at a distance equal to. . ." and "the applicant shall show that there is no negative impact on migratory birds. . ." He stated if the premise is that all towers are dangerous to migratory birds, and the U.S. Fish and Wildlife Service estimates four to five million birds are killed every year by lit towers, he is concerned that the ordinance says unless they can prove no migratory birds will hit the tower, they cannot build it.

Commissioner Higgs stated towers in PBP, PIP, IU, and IU-1 may be permitted without a CUP under certain circumstances; and it does not say the CUP for the tower cannot be provided. She stated paragraph 8 applies specifically to those classifications and being able to get the tower without a CUP. Commissioner O'Brien inquired if it says anyone who wants to put a tower in an IU zone can do it without a CUP; with Mr. Enos responding they must meet all the standards; staff has found that rarely do they meet even the current standards; and that is why they receive a lot of requests for CUP's. Commissioner Higgs stated the proposal does not expand any opportunity to get a tower because they can do it in those zoning classifications under the current Code.

Commissioner O'Brien stated page 5, paragraph 8, reads, "Towers requiring lighting to warn pilots must use the minimum amount of warning and obstruction lighting required by FAA. Where permissible, only white strobe lights shall be used at night. These shall be upshielded such that the lighting cannot be seen by local residents within five times the height of the tower." He stated if the tower is 200 feet tall, anyone within 1,000 feet, which is less than one-fifth of a mile, would not see the light, but anyone beyond that would; and the last thing people want to see all night long is a bright white strobe light. Mr. Enos stated the Board can establish any standard it wishes; the reason five times the height of the tower was used as an initial standard was because there is precedent for that in the Code albeit somewhat of a different issue; but staff would not have a problem if the number was substantially larger. Chairman Carlson inquired how much larger; with Mr. Enos suggesting a mile or two miles. Chairman Carlson stated if the strobe light is lower and shielded, there is potential that pilots may not see it; and that is her concern. Mr. Enos stated if a substantial distance is used, they would have to check with FAA or the Airport Authority to determine if that would still be safe. Commissioner O'Brien reiterated his prior discussions about strobe lights on towers on Merritt Island and numerous towers with blinking lights all over the horizon. He stated he hopes the Board does not go with the white light; and he would prefer the red light because it does not penetrate so many miles and is easier to see at night. Mr. Enos noted there would be a conflict between the desires of the people and tendency of the birds to follow the red light, so the Board has a decision it needs to make. Chairman Carlson inquired if Commissioner O'Brien has a distance to recommend; with Commissioner O'Brien responding two miles.

Commissioner Scarborough stated flight safety is the reason for lights on towers; so there are several things the Board needs to balance. Commissioner O'Brien stated planes have to stay 500 feet around Merritt Island Airport before starting their landing pattern, so a 200-foot tower should not be a problem; however, Mosquito Control helicopters fly at about 150 feet; and that is where it starts putting human life in jeopardy. Commissioner Higgs recommended going forward and getting information from the FAA on No. 8.

Chairman Carlson called for a vote on the motion. Motion carried and ordered unanimously; Commissioner Colon being absent from the room. *Commissioner Colon's presence was noted at this time.

REPORT, RE: TOWERS IN DISTRICT 4

Chairman Carlson advised an item was withdrawn by the applicant regarding towers in District 4, both over 500 feet; they wanted a new CUP and to have them grandfathered in to go to 500 feet; but one of the reasons brought up was the unsafe nature of the towers. She stated they are very tall towers and have guy wires; there is a lot of concern by residents in the area about negative transmission from the towers and interference with things in their homes; and requested a report from staff on how the Board can approach an unsafe structure like that if an applicant came in and said it is unsafe.

DISCUSSION, RE: NO PARKING/RESTRICTED PARKING ON PUBLIC STREETS

Chairman Carlson advised citizens from two District 4 subdivisions requested signage restricting parking at specific hours each day; and it is requested staff prepare a report on this issue with examples from other jurisdictions. She stated it is anticipated several citizens will be present to make comments pertaining to the necessity of the signage.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to direct staff to prepare a report on signage restricting parking at specific hours with examples from other jurisdictions, and include where the signs need to be on the public rights-of-way. Motion carried and ordered unanimously.

EEL PROGRAM ACQUISITION, RE: FARM & GROVE REALTY COMPANY PROPERTY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize execution of four Option Contracts for Sale and Purchase of properties owned by Farm & Grove Realty Company, Edward C. Tietig, or Edward C. Tietig, as Successor Trustee; reimburse the Nature Conservancy for appraisal expenses associated with the acquisition of the properties; waive surveys of certain subject properties; and waive EEL Program's two appraisal procedure for acquisition of the Iddies-91 Joint Venture, Edward C. Tietig and Tietig-4 Land Trust properties, subject to the County Attorney's review of the documents to ensure they are in order and settlement of the lawsuit being part of the process; and authorize the Chairman to execute all necessary documents.

Chairman Carlson inquired if it covers all the issues and further litigation; with EELS Coordinator Anne Birch responding yes. Commissioner O'Brien requested the final cost per acre for the lands and a map showing where the lands are; with Ms. Birch responding the cost per acre would depend on where the properties are located, but staff will provide the analysis.

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

APPROVAL, RE: 2002 BOARD MEETING SCHEDULE

County Manager Tom Jenkins advised of a change from August 6 to August 13, 2002.

Commissioner O'Brien recommended January 22 be moved to January 15, 2002 because it is directly following the Martin Luther King holiday; February 19 be changed to February 12 because of Presidents Day; the workshop on the February 21 be moved to February 14; April 25 be moved to April 18; August 6 be changed to August 13; September 3 be moved to September 24; there be no meeting on September 10 because of the Primary Election; and inquired if September 3 could be moved to September 24 because it is one day after Labor Day; and why the final budget hearing is on a Wednesday, September 25, 2002. County Manager Tom Jenkins advised they tried to find open dates; and suggested moving the budget workshop of September 26 to September 19 and the final budget hearing on September 26. Commissioner O'Brien stated there is a meeting on the 25th at 5:30 and a workshop the next morning; and suggested moving the workshop to the 19th and the budget hearing to the 26 on a Thursday. He inquired if the MPO should be requested to cancel its meeting in June; with Mr. Jenkins responding it probably will. Commissioner O'Brien recommended October 24 be moved to October 17 because it is the only thing listed for the week; with Mr. Jenkins responding they tried to spread out the meetings instead of having two in one week. Commissioner Scarborough stated it is hard to be out of the office on multiple days if something is happening in their Districts. Commissioner Higgs disagreed with moving October 24 to October 17. Commissioner O'Brien stated November 5 is election day; there is a meeting scheduled for November 12; and on November 19 the new or returning Commissioners will be sworn in; and inquired if it would be more advisable to move the 12th meeting to the 26 so new Commissioners can make decisions on new items instead of being caught up in the actions of the 12th. He noted November 12 is also the day after Veterans Day. Chairman Carlson stated there is a conflict with the School Board on the 19th. Mr. Jenkins noted the organizational meeting has traditionally been in the evening, but if the Board wants to schedule it during the day, it would not have a conflict. Commissioner O'Brien recommended moving November 12 to the 26; with Mr. Jenkins responding that is Thanksgiving week.

Chairman Carlson recommended agenda items be dated 2002 for the next meeting.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve the 2002 Board Meeting Schedule with changes recommended by Commissioner O'Brien except October 12 and November 26, 2002. Motion carried and ordered unanimously.

REQUEST FROM SHERIFF FOR FUNDING, RE: HAZMAT/EOD/BIOLOGICAL
WARFARE DEPUTIES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize expenditure of $315,000 in general fund dollars to hire three explosive ordnance disposal deputies, with $283,000 being additional dollars and $32,000 from existing budgeted funds. Motion carried and ordered unanimously.

REQUEST FROM SHERIFF FOR FUNDING, RE: BOMB ROBOTS AND HAZMAT
RESPONSE TRAILER

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to increase the Sheriff's general fund capital budget by $163,250 to purchase hazmat/biological warfare/EOD/crime scene equipment. Motion carried and ordered unanimously.

REQUEST FROM SHERIFF FOR FUNDING, RE: FORFEITURE FUNDS FOR NEW K-9
DEPUTY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve spending $61,000 in State forfeiture funds in accordance with Florida Statutes 932.7055(4)(a)(b) to hire one new K-9 deputy. Motion carried and ordered unanimously.

Finance Director for the Sheriff's Department Deborah Barker thanked the Board for recognizing the importance of those positions; and noted they are working incredible hours to keep Brevard County citizens safe.

Commissioner Colon advised it is important to communicate with municipalities that want to know how they can help; and recommended the Sheriff get in touch with city managers.

Commissioner Higgs inquired if the Sheriff's Department responded to calls at the Port; with Ms. Barker responding yes. Mr. Barker stated there are additional concerns that have not been brought forward but they will address those in the near future.

County Manager Tom Jenkins advised additional staff will help alleviate some of the overtime.

Commissioner O'Brien suggested a demonstration of the robot when it is received.

PERMISSION TO ADVERTISE PUBLIC HEARINGS, RE: ORDINANCES REVISING LAW
ENFORCEMENT MSTU AND FIRE CONTROL AND PROTECTION MSTU

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant permission to advertise public hearings to consider ordinances amending Ordinance No. 86-40, Law Enforcement Municipal Service Taxing Unit, and Ordinance No. 82-26, establishing Fire Control and Protection Municipal Service Taxing Unit (MSTU). Motion carried and ordered unanimously.

PERSONAL APPEARANCES - BRAD AND WILLIAM CRONIN, RE: FEE FOR
ADMINISTRATIVE WAIVER OF LOT SIZE

Brad Cronin advised his father is not here today, but he will speak to the issue. He stated he applied for a variance to do further work on his property and was informed by the Zoning Department that his lot does not conform to the laws as they exist today; he can make it conforming if he goes through an administrative waiver process at a cost of $277; however, his point of contention is the lot was platted in 1951 and the house built in 1954; and the laws did not come into existence until 1958, so his lot should be grandfathered in. He stated the lot needs to be 5,000 square feet; his is 4,891 square feet, but meets the criteria of 50 feet wide and 75 feet deep minimum; and requested his property be grandfathered in instead of having to pay the $277 fee. He stated he understands he would have to do the paperwork to continue renovations on the existing structure.

Commissioner O'Brien stated 100 square feet is a 10x10 square-foot room; and that is all it is, so he will move for approval.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to waive lot size for Brad and William Cronin for property located in Winslow Reserve, as the lot was platted in 1951 and was considered to be conforming at that time.

Chairman Carlson inquired if this has been done before; with Planning and Zoning Director Mel Scott responding not to his knowledge. Chairman Carlson inquired what does it set the Board up for as far as additional issues of the same nature; with Mr. Scott responding the property is less than 5,000 square feet; the Code recognizes the lot and building, but what is being requested is to expand on a lot of this size; and he has to have the lot recognized as a nonconforming lot of record as opposed to a lot of substandard size. He stated there is a fee schedule; the administrative process enables him to amend the zoning maps to reflect that the lot has 5,000 square-foot minimum size; and that is the service provided for the fee.

County Manager Tom Jenkins inquired if the County had an impact on the lot size; with Mr. Scott responding he does not believe so. Commissioner Higgs inquired how many requests of a similar nature are seen in a year; with Mr. Scott responding about 30. Commissioner Higgs inquired how much time is spent per item from start to finish; with Mr. Scott responding there is a letter of approval that is sent through a few employees; he reviews the documents; they also review site plans if applicable; they research the lot and send the request to Graphics to amend the maps; and eventually it is all sent to the Property Appraiser so he can update his computer files. Commissioner Higgs stated there are a number of steps by a lot of people for the $277.

Chairman Carlson inquired if the Board just reviewed the fees to cover costs; and inquired if the $277 is reflective of that review; with Mr. Scott responding it was part of the fee schedule reviewed by the Board and an increase applied to it.

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

PERSONAL APPEARANCE - LAURA CORBIN, RE: TOBACCO PLACEMENT
ORDINANCE

Laura Corbin, Tobacco Prevention Coordinator for Brevard County Health Department, advised in that position she serves as the Program Supervisor for the Florida Tobacco Program in Brevard County, which is funded by the 1997 settlement between the State and the major tobacco companies. She stated the primary focus of the program is a youth empowerment program targeted against big tobacco companies' manipulation and deceitful marketing to youth; the youth movement is called SWAT, Students Working Against Tobacco; and their mission is to reduce the number of middle and high school students using tobacco products. She stated on behalf of SWAT, she would like to propose a tobacco placement ordinance for the Board to adopt; the data provided was compiled and organized by members of SWAT; but because it is a week day, and all SWAT members are middle and high school students, they could not be present. She stated she will explain the objectives of the ordinance and provide the rationale and need for such an ordinance. Ms. Corbin advised the objectives of the ordinance are to reduce youth exposure to tobacco marketing, reduce access and availability of tobacco products to minors, reduce theft of tobacco products by minors, and reduce tobacco use by minors. She stated the Board has an overview of current trends; 90% of all adult smokers began before the age of 18, with the average age being 14; each day 3,000 teens and pre-teens light up their first cigarette, and another 3,000 teens become regular smokers; and that is nationwide. She stated in comparing those to tobacco marketing trends, they know that tobacco companies spend $22.4 million marketing their products each day in the United States; that is nearly a million dollars an hour; and because they know teenagers are their prime targets, they are spending that money marketing to teenagers. She stated tobacco companies can no longer advertise their deadly product on billboards, so much of their marketing has shifted to point of sale, brand recognition, and retail stores; point of sale marketing includes functional displays that hold cigarettes, spit tobacco, and cigars; many times those displays are on the front of counters not just in convenience stores, but also in drug stores such as Eckerd's and Walgreen's; and they also include counter mats, open and close signs for convenience stores, display items such as oversized mugs and cups, and advertising that goes in windows. She stated when retailers use those point of sale marketing tools, they receive incentives from tobacco companies; tobacco companies pay retailers to display the company's brand in specific locations; and a typical retailer can make about $10,000 a year just from tobacco company incentive fees. Ms. Corbin advised in a random survey performed in October by Brevard County youth who surveyed 54 convenience stores in Brevard County, SWAT found tobacco products in self-serve displays within inches of candy, coke machines, slurpee machines, and magazines; obviously the fees they receive from tobacco companies alter the normal marketing principles that would keep retailers from putting those products in a place where they can be stolen; and inquired what kind of impact does the marketing have on teenagers. She stated they know that three out of four teenagers shop at convenience stores at least once a week; teens are more likely than adults to be influenced by promotional efforts in convenience stores, 73% compared to 47%; and cigarettes are the most frequently shoplifted item. She noted 45% of all stolen items in convenience stores and supermarkets nationwide are cigarettes; and tobacco companies compensate retailers for stolen products so that encourages them to put them in places where they can easily be taken. She stated retailers who have products or display items that block their view so they cannot see over their countertops give a minor an advantage to take items; those trends are disturbing and threaten the health of Brevard County youth; but SWAT is providing the Board with a solution. She requested the Board enact the ordinance that would prohibit any person, retailer, or establishment from selling any tobacco items by means of a self-serve display, which would mean putting all tobacco products behind the counter and demanding that all tobacco products only be sold through vendor assisted sales. Ms. Corbin stated as of July 10, 2001, twenty counties have enacted a tobacco placement ordinance and two additional counties have ordinances pending; the ordinance she provided the Board is effective in Pasco County and endorsed by SWAT for Brevard County; and it includes a Section 4, requiring that tobacco ads and point of sale advertisements be placed at least four feet high. She noted it is an important addition to the ordinance as it reduces youth exposure to tobacco marketing; and again requested the Board formulate a similar ordinance and advertise it for a public hearing so cities can decide whether or not they want to protect their youth and the health of their future.

Chairman Carlson inquired if the ordinances passed by other counties were countywide that included all the cities or an opt-out type of ordinance; with Ms. Corbin responding there are both, and many counties do it countywide, but several include only the unincorporated area, and municipalities create their own. Chairman Carlson recommended an ordinance be drafted to put tobacco behind counters. She stated she talked to convenience store vendors; they wish to put tobacco behind the counters but are pressured to put them on the counters in the faces of everyone who comes into the store to sell more; and they would not get the contracts unless they do that. She stated it would put everyone on equal playing field if it is done Countywide without an option to opt out; and she is interested in doing that.

Commissioner Higgs advised the Board has an agreement with the League of Cities that it would send ordinances to them and have the opt-out provision; so the Board can do it that way and move it forward. She noted it is part of the process that was established some time ago.

Ms. Corbin stated it is perfect timing for the proposal because it is Red Ribbon Week; and Commissioner Colon indicated tobacco is a drug. She stated many times it is the first drug pre-teens use before they begin other drugs.

Chairman Carlson requested a motion to direct staff to draft an ordinance and bring it back. County Manager Tom Jenkins inquired if the Board wants it advertised. Commissioner Scarborough suggested following the procedure so there is an opt out scenario. Mr. Jenkins stated staff gives the cities notice and so many days to comment, follow the procedure, and advertise a hearing.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to direct staff to advertise a public hearing to consider an ordinance regulating the placement of tobacco advertisements, notify the cities, and provide an opt-out provision. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - GEORGE R. POWELL, RE: BUILDING PERMIT TO
INSTALL GARAGE DOOR

Chairman Carlson advised the request is for an exemption from the temporary moratorium for a building permit in the 25-year floodplain.

George Powell advised he submitted a request for a building permit to install a garage door and related framing to enclose his RV port; and requested an exception to the County Ordinance setting forth a temporary moratorium on building permits in the 25-year floodplain

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve exemption to the temporary moratorium on building permits in the 25-year floodplain for George Powell, and approve issuance of a building permit to install a garage door and associated framing on his RV port. Motion carried and ordered unanimously.

PERSONAL APPEARANCES - LISA NOE AND ROBERT DUTTON, RE: ROOFING
PERMITS

Lisa Noe, representing C&J Roofing, requested approval of a permit to re-roof a structure at 4070 Eucalyptus Place in Cocoa. She stated they have a signed contract for the job and need authorization to do it because it falls in the 25-year floodplain.

Chairman Carlson stated the request falls in the categories mentioned in Billy Osborne's memo of October 2, 2001, which states, "The following is a list of minor projects that may not impact the 25-year floodplain"; and one of them is residential and commercial re-roofing permits.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant exemption to the temporary moratorium for building permits in the 25-year floodplain for Lisa Noe and Robert Dutton; and approve issuance of a permit to re-roof a house at 4070 Eucalyptus Place in Cocoa.

Commissioner O'Brien stated the intent of the Ordinance was not to prevent ordinary maintenance, re-roofing a house, or putting up a garage door; and the intent was to look at new construction within the floodplains and act as a consumer advocate, but not on existing structures.

Chairman Carlson advised Mr. Osborne listed other permit types that would not impact the 25-year floodplain, such as residential and commercial electric repair and upgrade, HVAC repairs, screen porches, carports, pool enclosures, interior renovations, and second floor additions. She inquired if the Board wants the list to come back with justifications.

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

Commissioner Higgs stated those that are clearly repairs to existing structures were not intended to be prohibited; and inquired if they are easily distinguishable by staff in issuing building permits; with County Manager Tom Jenkins responding yes.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to authorize issuance of permits for repairs to existing structures and interior renovations, not including additions, screen porches, carports, pool enclosures, or accessory structures. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - GRADY STRICKLAND, RE: CONSTRUCTION OF OFFICE
BUILDING AND WAREHOUSE

Grady Strickland, owner of Saturn Builders of Brevard, Inc., advised at the last meeting, they addressed Precision Overhead Door Service's site off SR 520, putting a temporary construction trailer on the site, and proceeding with the permitting process during the moratorium; following the meeting, he went to the Building Department to start the process and found out that had not been achieved; staff was not in favor of a temporary trailer on site; and they were prepared to submit their civil engineering plans for review, but staff would not accept the plans. He stated the owner of the property, Brian Tindale, approached staff prior to purchasing the property; he was also looking at property in Orange County to relocate his corporate office from Phoenix, Arizona to Central Florida; and Mr. Tindale contacted staff to establish that the property he was looking at would be usable for the intended purposes, which are offices and storage buildings on a commercial site zoned BU-1. Mr. Strickland stated after talking to staff, Mr. Tindale contacted Saturn Builders and executed a contract for Saturn to be the contractor on the project; he contacted CCEI, which is the civil engineering firm on the project, and executed a contract with that firm; after doing that, he moved forward to close on the property, which occurred approximately September 1, shortly before the September 12, 2001 moratorium came into place, unbeknownst to him or Mr. Tindale at that time; and that basically shut everything down. He stated after closing on the property and selecting Saturn as the contractor, Mr. Tindale executed a contract to have a temporary trailer put on the site; he signed leases for office space off Fiske Boulevard at that time; the impact would be on 500 franchises throughout the United States because of his inability to build his corporate office; and had he known then what he is aware of now, he would have selected the Orange County site or stayed in Phoenix. Mr. Strickland stated after coming to staff and being told they could not have a temporary trailer and that there is a moratorium, they came to the Board with a packet that included explanations, comments, and background, and a list of items, asking to be heard at this meeting. He stated the site is located within the 100-year floodplain; and all the stormwater runoff will be contained on the site with a minimum discharge to existing canal systems on the north and south sides of the property. He stated construction on the property will have minimum risk from flood damage; they intend to design and meet the 100-year floodplain requirements; it is off SR 520, which will be expanded to six lanes; and there are no neighbors around the property that would be impacted. He stated it is a commercial site; the zoning allows the property to be used for its intended purpose; and requested the Board allow them to proceed. Mr. Strickland stated at the time of discussions with staff, he was not able to find out what was to be achieved from the 180-day moratorium and what they expect to gain from that; he still does not know the answer to that; and it was their intent and his understanding from the Board that they could proceed forward with the permitting process during the 180-day moratorium and not have to sit on their hands and do nothing. He stated he did not get the sense or feeling that it is something staff is comfortable with, so he is back before the Board and brought the civil engineer to answer any questions. He stated it is their hope the Board will allow them to proceed forward on the project, understanding they have no objections from anyone out there and minimal risk to the environment in terms of runoff from the property. He stated when the engineering is done through working with staff, it will conform to the 100-year floodplain requirements.

Land Development Engineer Bruce Moia advised there are two separate processes Mr. Strickland is trying to go through; and one is the building permit process for the temporary trailer, which the Board made a motion on. He stated a couple of days after the meeting, Mr. Strickland tried to go through the site plan process for an office complex, which is totally separate; and he is here because staff could not continue through the process since the property is located in the 25-year floodplain.

Mr. Strickland stated there may be miscommunication, but after listening to the tape of the meeting, it was his understanding when he left, that in fact they were addressing a temporary construction trailer issue and the issue of proceeding forward with the project through the review process. He stated when he got back to staff, apparently there was a misconception; the write- up from the Commission meeting did not indicate that was the case, and it was simply the construction trailer; but one has no use without the other. He stated he talked to Deborah Coles and got a letter from her on the Conservation Element and Comprehensive Plan Policy 4.2, Item 2 which states, "Commercial and industrial land uses shall be prohibited unless they are in the best public interest or the location and use are integral to its operation"; while it appears the Board's attempt was to address residential uses, that comment would allow them wiggle room to proceed on or be grandfathered in based upon the fact that they were in place and ready to do things in advance of the September 12, 2001 moratorium.

Commissioner Higgs inquired if Mr. Strickland has to file for a public interest determination via the Comprehensive Plan; with Ms. Coles responding there are two sections; one is the Comprehensive Plan section which Mr. Strickland read, which has been in effect since 1989 and prior to the moratorium being put in place. Ms. Coles advised staff learned of the specific site topography through Mr. Strickland's submittal for the security trailer; they provided elevation points that showed there is only one elevation point that is above the 25-year floodplain and the majority of the elevation points are below the ten-year flood elevation; and that would put it in the category that commercial and industrial uses are prohibited unless they are in the public interest. She stated the Ordinance also says, within the ten to annual floodplain, commercial and industrial uses, including borrow pits and mining operations, shall not be permitted; so because of the site topography, it is in a category that the Comprehensive Plan and Code would not permit staff to approve a plan for a commercial or industrial endeavor.

Chairman Carlson stated the packet of information provided to the Board says the site is located within the 100-year floodplain; and inquired where that information came from; with Mr. Strickland responding from the St. Johns River Water Management District and civil engineer.

Commissioner Higgs inquired if it is also in the ten-year floodplain; with Mr. Strickland responding part of it is. Commissioner Higgs stated it could be in the 100-year floodplain, but it could also be in the ten-year floodplain. Ms. Coles stated the ten-year flood elevation is 16.8 feet, and the majority of the topography sites staff has a copy of are below 16.8 feet. Mr. Strickland stated about 40% of the property is in the ten-year floodplain. Commissioner Higgs stated that is a lot different than telling the Board it is in the 100-year floodplain. Mr. Strickland stated it is in the 100-year floodplain, but parts of it are in the 25 and 10-year floodplains; but what he was trying to convey is once they are done with the engineering on the project, it will meet the 100-year floodplain requirements. Commissioner Higgs stated because a sizable portion of the property is in the ten-year floodplain, there are significant issues besides the moratorium.

Construction Management and Design Engineer John Denninghoff advised the studies that were performed and that staff is relying on at this time are actually in the channel of the St. Johns River, which is some distance from the location, so the hydraulic gradient coming from the River to the site actually increases the size. He stated given the most generous interpretation of the data staff has, they have one shot on the site that is above the 25-year flood elevation, nine above the ten-year flood elevation, and the remainder of 11 or so other shots are actually below the ten-year flood elevation.

Chairman Carlson advised the Board is having a floodplain workshop tomorrow; and encouraged Mr. Strickland to come and listen to what will be discussed. Mr. Strickland stated his question still has to be is there anything within the project that prevents staff from reviewing the project. Mr. Strickland stated he understands there is a 180-day moratorium that will be up on March 12, 2002; but there is nothing in the project that has a minimal impact; and the issues staff is concerned with can be addressed during the review process. He inquired why is there anything that has to wait until March 12, 2002 that cannot be reviewed at this time. Ms. Coles stated if Mr. Strickland submitted the site plan information, staff would not be able to approve it; he would not be able to get his fee refunded because the fee is not refundable; so staff not accepting the site plan saved him some money. She stated any variation from the prohibition from the ten-year elevation and not being able to build within the ten-year floodplain would have to go through a Comprehensive Plan amendment and possibly an ordinance change; and that is a very lengthy process that could take up to a year should the Board decide to entertain that as a change to the Comprehensive Plan and Code.

Mr. Strickland inquired if those are the issues, why were they told the property was usable and could be built on by the list of people who were contacted by Precision Overhead Door Service and followed up by him prior to closing on the property. He stated they relied on the BU-1 zoning, but understand something changed on September 12, 2001. Mr. Denninghoff stated that does not affect the project.

County Manager Tom Jenkins requested Mr. Strickland provide a list of the County staff he spoke to and who gave him what information, so he could follow up and find out what the circumstances were. He stated what staff is saying is that the moratorium is not affecting the decision; it is the Comprehensive Plan that is holding it up; but he will be happy to investigate it and find out who told Mr. Strickland and Mr. Tindale what, and when they were told. He stated if Mr. Strickland has the names he indicated he has, he will be happy to get those from him and see if he can find out what happened. Mr. Strickland stated it does not change the fact that at this point they have $60,000 worth of property and are ready to proceed with a project that, from what he is hearing, is dead on arrival, and he does not know how to address that.

Commissioner Colon stated if anything, Mr. Strickland went through some shortcuts that would not have been allowed; that is one of the things she is trying to clear up; and the moratorium is one of the dilemmas, but there are even more issues, which are the ones staff indicated to Mr. Strickland. Mr. Strickland stated the moratorium is part of it; with Commissioner Colon responding it is only a small part of it. Mr. Strickland stated if the other issues were there, then the answer should have been, prior to spending $60,000, that the property is in the ten and 25-year floodplain and even though it is zoned BU-1, it is not buildable; and that was not told to Mr. Tindale at that time. Commissioner Colon stated if there are wetlands or if the property is in the ten-year floodplain, there is no guarantee they can build on it just because it is zoned BU-1; with Mr. Strickland stated he understands that, but that should have been the answer to Mr. Tindale. Commissioner Colon stated the County Manager is saying if that is the indication Mr. Strickland feels was presented to him and he is able to prove that, then Mr. Jenkins is willing to look into the matter; but there is nothing the Board can do other than to have Mr. Strickland follow the recommendation of the County Manager.

Mr. Strickland introduced Brian Tindale, the owner of Precision Overhead Door Service.

Chairman Carlson advised the Board cannot do anything at this time; it would behoove Mr. Strickland and Mr. Tindale to meet with the County Manager; and if they have a stated position, they may have a vested rights issue. She stated Mr. Jenkins can ferret out that information; and they can present that to the Board, but at this time the Board cannot take action on the item.

Mr. Strickland inquired if the process is vested interest; with Chairman Carlson responding that is what the County Manager is offering at this time; and he would like to find out the process they went through to see if there were any issues that may reflect the vested interest issue. Mr. Tindale inquired if they have to set up a meeting with Mr. Jenkins; with Mr. Jenkins responding he will include Assistant County Manager Peggy Busacca who works in that area and is extremely knowledgeable. Mr. Jenkins stated she will look at their facts and information and conclude whether or not, in her opinion, they have a reasonable chance for a vested rights determination; and if so, it would come back to the Board under that scenario.

Mr. Tindale stated he is a layman on buying property and relies on other people; before he bought the property, he heard all the nightmares; and that is the first thing that popped in his mind because it is close to the St. Johns River. Mr. Jenkins encouraged Mr. Tindale to meet with Ms. Busacca and go through the information with her.

Commissioner Colon stated the Board is not guaranteeing there are vested rights; it is just saying it will consider it. Mr. Strickland stated it is just a process. Commissioner Colon stated she just wanted to be sure Mr. Strickland understood that because the last time he was under the impression, since the Board approved the trailer, that it had also approved everything else.

Commissioner Higgs stated Mr. Tindale needs to understand the implications of the ten-year floodplain from staff and all the issues before he decides to build in the ten-year floodplain, if that is what the property is in. Mr. Tindale stated he is a Florida native and is familiar with the St. Johns River Water Management District; and that is why he did all his due diligence so he could make a solid decision. Commissioner Higgs stated there are also County regulations that apply.

PERSONAL APPEARANCE - BETTY SCHAAB, RE: OPENING OF BRIDAL COTTAGE

Betty Schaab advised she has a hardship situation because of a change of use; she closed on the purchase of a building at 3760 U.S. 1 North, with intentions of opening a bridal and tuxedo shop; and prior to buying the property on July 17, 2001, she called the County and told them what she wanted to do and they told her it was zoned commercial BU-1 and was okay. She stated the people she bought the property from had a refinishing business there; and advised of her concern about chemicals, spending $4,000 to have the water and property tested, going to the North Brevard Government Center for a permit to install an air conditioner, getting a fictitious name, contacting the fire department for an inspection, obtaining an occupational license and paying an extra charge because the laws changed, and crying because she was told she had to have a site plan and survey because the laws changed, which would have cost her $8,000 to $10,000 on top of the $15,000 she put into the place and having to buy her inventory. She stated she pulled her permit on July 18, 2001 for the air conditioner; she was told the law changed in October, 2001; and she was advised that she had to meet with the Board because it would be the Board's decision.

County Manager Tom Jenkins advised staff is in the process of coming back to the Board with recommendations on how to change the Ordinance as a result of the last meeting; but in the interim it is at the Board level as to how it wants to handle the situation.

Chairman Carlson inquired if the Board had a similar case with someone else; and what did it do then; with Assistant County Manager Peggy Busacca responding it was similar to the situation where a gentleman called, who was also in the process of obtaining an occupational license, and the Board approved it without change of use review. Chairman Carlson stated that would be appropriate for this case as well.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to waive provisions of the Ordinance requiring change of use review; and authorize issuance of an occupational license to Betty Schaab to open a bridal and tuxedo shop. Motion carried and ordered unanimously.

Commissioner Scarborough stated sometimes Ordinances put a tremendous burden on staff; the Board needs to somehow have things of this nature occur at staff level with a lot more latitude; and he does not know how to suggest it, but there should be more latitude with small routine items. Mr. Jenkins advised staff will come back in about 30 days with recommendations to change how they look at it and measure the impact differently, but still accomplish what the Board wanted to accomplish when it passed the Ordinance.

Chairman Carlson stated when the Board passed the Ordinance, it expected to get those types of cases until changes are made.

PUBLIC COMMENTS - NELLY STRICKLAND, RE: TITUSVILLE WATER BILL

Nelly Strickland gave the Board a box of candy; and advised the citizens of Titusville have been had one more time; she thought the Board should know about it and maybe get a hint of what not to do; her water bill has been $21.98 because she is very conservative and more aware than most that water is scarce and needs to be treated with care; and she takes short showers, do not cook, therefore there are no dishes to wash except cups, and does laundry in small loads packed tight. She stated the business-minded Council and City Manager started up a totally new one; it is not a tax, it is an availability fee; there is a water availability fee and a sewer availability fee; she has never paid for it before; but in this case, they have the wagon before the horse because there should not be an availability fee. She stated the bill gets lower as they use more water; people are throwing 15,000 gallons of potable water on their yards; and that is sick. Ms. Strickland stated Titusville is not blessed with water; it has to go to Volusia County to get it; there is nothing decided about getting water at the northwest corner of Volusia County; and that is a 15-mile line to run. She stated what they should have is a depletion charge; if people are depleting the resource to such a degree, they should pay x amount per 1,000 gallons and that money be put in a pot and saved for building the line; and that is more fair and reasonable than charging everybody an availability fee. She stated City Manager Tom Harmon never managed before; as a matter of fact he was not qualified to manage when he got the job; and she spoke up for him, but now it is like dealing with another Sam Ackley, but not quite as shabby. She stated Mr. Harmon applied for a grant to go to a meeting; and inquired what is the reason for applying for the grant. She stated he is building a house; he makes over $133,000 a year and that is well paid for the crummy city she lives in; she was proud of it but is not as proud any more; and she is beginning to think the wrong crowd has gotten in there. Ms. Strickland stated there is always money to spend for whatever Mr. Harmon wants; they got four or five ladder trucks but cannot get into the towers which are five stories high; so the people on the fifth story can die and that would be fine. She stated a few days ago when the water bills started coming in, people were mobbing City hall, one at a time into the Finance Office; the people were miffed, and she understands why; her bill with those charges went up about 50%, and she uses no water; so that is the worst example of how not to do things. She commented she can think of an availability charge for breathing their air and for driving over their ill-paved streets; and she could make a long list and send it to the TODAY paper. She stated it is a poor way to welcome new citizenry and new businesses into the area; and advised of her encounter with the consultant who tried to convince her he was right.

Chairman Carlson stated Ms. Strickland has made her point, and should bring it before the City Council; with Ms. Strickland responding she already has, but she will be repetitive there. Chairman Carlson noted the City may hear this broadcast also; with Ms. Strickland responding she hopes it will because some things are not right, and this is one of them.

PUBLIC COMMENTS - BEA POLK, RE: PROPERTY APPRAISER'S OFFICE

Bea Polk advised Property Appraiser Jim Ford, through his Attorney Caruso, paid for by the taxpayers, sent a strong message on October 16, 2001, which was very clear that the Board has no control over him or the Property Appraiser's office, and that anyone who spreads anything against him should not be allowed to speak; and inquired what happened to freedom of speech. She stated Attorney Caruso's son works for the Property Appraiser's office; if Mr. Ford had a problem with her comments, he should have been the person to confront her and the County Commissioners, instead of paying taxpayers' money for an attorney; and that proves to her that Mr. Ford has too much money in his budget. She stated Attorney Caruso said she made false and malicious comments against Mr. Ford and that she said things about the chief deputy and his salary and never complained about the previous chief deputy; the previous chief deputy started on February 8, 1965 at $418 a month; he worked until May 12, 1998 for $88,552.78; Mr. Larsen started in June, 1998 at $79,700 and now makes over $104,000; so she has a right to complain. She stated salary increases would have been better if they were bonuses so the people would not have to pay on it every year; he said all salaried deputies were increased by what the Board adopted for its employees unless reassigned additional duties; that is not true; and he never showed an exhibit to prove that she was wrong. Ms. Polk stated the Property Appraiser's budget should be paid by the State, which approves his budget; Mr. Caruso said Mr. Ford is the engine who runs the city, County, School Board, and other operations; and that was Exhibit 1. She stated in 1996 Mr. Ford was Chairman of the Citizens Against Property Tax Increase, and said he was proposing to amend Article II, Section 54 of the Charter to decrease the limit from 10% to 3%; and inquired what happened to the 3% and why is his budget 22%. She stated Mr. Ford used it for political reasons to get everyone interested so he should live by the 3%. Ms. Polk stated the petition for the Value Adjustment Board for TODAY newspaper was withdrawn, Exhibit 5, revocation transcript 2201; and whoever typed up the tape did not type it exactly, so it is not the verbatim description.

Chairman Carlson advised Ms. Polk to complete her comments. Ms. Polk requested a few more minutes, and commented the Board gave Mr. Caruso quite a bit of time.

Ms. Polk stated Mr. Ford does not pick or choose properties; and inquired why did Mr. Ford put down B. B. Nelson's property after Mr. Nelson told him he was running for Property Appraiser. She stated another comment was about the most powerful office; Mr. Caruso said the County cannot change his budget even with a Charter amendment; and the Florida Statutes say the Board cannot change it. She requested the County Attorney explain to her AGO 73-381 and AGO 97-02 as mentioned by Mr. Caruso.

Chairman Carlson advised Ms. Polk her time was up; and recommended Mr. Knox provide an explanation of the AGO's to Ms. Polk in writing. Ms. Polk stated she appreciates the Board, but it gave the attorney so many minutes to crucify the public and did not give the public a chance to come back with comments about what was said. Chairman Carlson stated at the time Mr. Caruso spoke, Ms. Polk also had time given to her. Ms. Polk stated she did not have time to study his package. She inquired if the Board plans to make people come in with paperwork to prove they are right before they speak under Public Comments or will it stay like it is; with Commissioner Higgs responding there is no motion to change it.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 4:08 p.m.

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

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