July 23, 2002

The Board of County Commissioners of Brevard County, Florida, met in regular session on July 23, 2002, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O’Brien, Nancy Higgs, Susan Carlson, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor John A. Mitten, Victory Baptist Church, Cocoa, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve the Minutes of the May 7, 2002 Regular Meeting and May 2 and 23, 2002 Zoning Meetings. Motion carried and ordered unanimously.

REPORT, RE: APPOINTMENT OF COUNTY ATTORNEY

Commissioner Higgs congratulated County Attorney Scott Knox for being appointed by the Governor to the 18th Judicial Nominating Commission; and stated that Commission will be recommending to the Governor people who will serve on the Judiciary Circuit and County Courts in Brevard and Seminole Counties; and it is an honor to be placed on that Commission.

REPORT, RE: SCOTTISH PARTY AT IRISH PUB

Commissioner O'Brien advised a Melbourne Irish Pub will host a Scottish party tonight; Meg O’Malley’s is already a boisterous place, but tonight it is going to get even more raucous when the Scots-American Society of Brevard and Ancient Order of the Hibernians bring their second ceilidh to the Pub. He described what will take place at the event; and invited anyone who wishes to participate to attend the festivities.

REPORT, RE: WOMEN’S AND MEN’S BRAINS

Commissioner O'Brien advised there are several women’s channels on television, Lifetime, WE, etc.; matrimonial lore says husbands never remember marital spats and wives never forget; and women’s brains are wired more keenly than men’s brains. He noted the tests found that women’s recollections were 10 to 15% more accurate then men’s, and the wiring of emotional experience and coding of that experience is more tightly integrated in women than in men.

REPORT, RE: MEN’S HEALTH ISSUES

Commissioner O'Brien stated when people get prescriptions, they often are accompanied by a leaflet that tells about the risks and things that may happen if the medication is taken, but a surprising number did not contain life or death warnings, such as that men who take nitroglycerin should not also use Viagra because the mix can kill.

REPORT, RE: H. S. WILLIAMS HOUSE GRANT

Carole Pope advised they were successful in obtaining $354,045 for restoration of the H. S. Williams pioneer homestead for the next phase of work; they are in the process of restoring the windows with their previous grant; and this grant will move them forward to a major restoration to turn the home into a learning place of history of what it was like to live here in the 1800’s. She commended the Parks and Recreation staff for their support; stated they did not have to start from ground zero and were able to build on what staff did up to that point; and the staff should receive a lot of gratitude for the grant, as well as the Legislative Delegation and the Board. She stated the grant carries a restrictive covenant; and requested the Board instruct staff to prepare the restrictive covenant, which will run with the property for ten years. Ms. Pope stated if the Board decides it does not want the activity, it may have to repay part of the grant funds; the money is going into the property, which will make it more valuable than the amount of the grant; they have a 25-year lease with the County; and they would like a vote of confidence from the Board to move forward.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to direct staff to prepare a restrictive covenant for the H. S. Williams House grant, and authorize the Chairman to sign it. Motion carried and ordered unanimously.

Ms. Pope advised they are helping other groups apply for the same type of grant because the County has lagged behind; the State gave away $17 million the year before last, and $14 million this year; so they are encouraging other organizations and working with them to become successful with this special category historical preservation grant program.

REPORT, RE: TOWN MEETING

Commissioner Colon advised she hosted a town meeting on Saturday, which was well attended; John Denninghoff did an excellent job showing the citizens what will happen to the intersection of Emerson Drive, Minton Road, and Palm Bay Road; it was very interesting; and a lot of homeowners associations came out. She stated Sue Hann with the City of Palm Bay gave the history of what went on at the intersection; and there were elected officials and State Representatives who wanted to hear what was going to happen with the intersection. She stated when she attended the Palm Bay City Council meeting for the presentation of the intersection, she heard Council members were outside discussing the water district and their concerns; and she told them what Commissioner Higgs said regarding the water board.

REPORT, RE: GREAT AMERICAN CLEANUP

Larry Webber introduced George Galico with Waste Management, Chairman of this year’s Great American Cleanup; and stated Keep Brevard Beautiful (KBB) asked all its affiliates, about 510 of them throughout the United States, to plant liberty gardens in memory of the tragedy of September 11, 2001; and a ground swell of national pride took place which motivated a partnership of Team Titusville, KBB, and Brevard County, to plant a liberty garden at the Historical Titusville Courthouse, as a special place for meditation and enjoyment, as well as a symbol of freedom and liberty on which our country was founded. He stated Lauren Lapport designed and assisted with planting of the liberty garden; it brings a beautiful place of reaffirmation of values to citizens of all ages; and requested Chairman Scarborough join him and accept a plaque they wish to have displayed at the liberty garden. Mr. Webber stated the plaque reads, “To honor the victims of the tragedy of September 11, 2001, Keep Brevard Beautiful, Inc., Team Titusville, and Brevard County Commission District 1 designate a liberty garden at the Historic Courthouse in Titusville. The liberty garden is a special place of thoughtful reflection and a symbol of liberty on which our country was founded.” He reiterated their desire to have the plaque displayed at the Courthouse.

Commissioner O'Brien inquired if they are building more liberty gardens; with Mr. Webber responding they are doing more; Mr. Rapport designed it, and it is beautiful; and they want to do it throughout the County, at least one in North, Central and South Brevard. Commissioner O'Brien requested a liberty garden be done at the Central Brevard Service Complex on Merritt Island; with Mr. Webber responding that would be a great place, and he will work on that with Mr. Loren Rapport, and maybe another in Palm Bay or Melbourne.

Mr. Webber stated the Great American Cleanup, an affiliation of KBB, was held from March 1, through May 31, 2002; during that time, the partnership of KBB, Waste Management, and others, held 210 cleanups throughout the County; there were 22 events to support litter reduction, beautification, and recycling; and there were 21,348 volunteers who removed 232,487 pounds of litter and 26,702 pounds of material for recycling. He stated Trash Bash is the largest one-day cleanup during the Great American Cleanup; this year they had 2,696 volunteers who removed 133,317 pounds of trash; and that was done in a four-hour period in May. He noted Mr. Galico will present the awards.

George Galico advised it is a pleasure for Waste Management to sponsor this event and an honor to work with 21,248 volunteers, which is big. He stated the friendly competition was promoted during trash bash with prizes offered in the following categories: municipal, individual, and based on increase in volunteer participation, and Commission Districts; the winner in the Commission District competition was District 4 for best improvement over 2001 with 748 volunteers versus 494; and a $500 check will be given to Save the Beach. He congratulated Commissioner Carlson. Mr. Galico advised District 3 was the best in overall performance including volunteers and trash collected; they had 287 volunteers who collected 29,480 pounds of debris; and congratulated Commissioner Higgs. He noted the stained glass pelican is a special art piece from the talented Bob Bieske who recently passed away.

REPORT, RE: AGENDA ITEMS III.F.4 AND III.A.10.

Chairman Scarborough advised he has cards on Consent item III.F.4, and a request to table it; there is a time certain at 10:00 a.m.; and there are more cards for Consent item III.A.10. He stated the cities requested Item III.F.4. be tabled; and the Board should do that to free up the people who are here from the cities.

Commissioner Higgs stated she understood that was the request, but in discussions with some representatives they do not want the Board to proceed at all with Item III.F.4.; and if that is their desire, it could be killed at this point. Chairman Scarborough stated if the Board is going to discuss it, it should be at the proper time; or it can table the item. Commissioner Higgs stated she will support the table, but that is not their desire.

Commissioner O'Brien stated as Chairman of the Water Board, he understands their concerns; the cities involved in water supply were pleased to think the Board would table it, giving them ample opportunity to think about their positions and the effects on their communities as well as positive sides the County may have; so the request to table is important. He stated the Water Board unanimously voted to table it and asked that the Board of County Commissioners do that so they can come back at a later date.

Chairman Scarborough stated he met with the Mayor and City Manager of Titusville who requested the table and that the Board not do anything, so he will entertain a motion to table.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to table permission to advertise notice of public hearing for a proposed ordinance creating a special water and sewer district within the unincorporated area of Brevard County. Motion carried and ordered unanimously.

Commissioner Higgs inquired if the Water Board is having a workshop on August 23, 2002; with Commissioner O'Brien responding yes. Chairman Scarborough stated the motion will allow the cities’ representatives to go back to the tasks of their respective cities.

RESOLUTION, RE: COMMENDING ELIZABETH O. “BETTY” BRADLEY

Chairman Scarborough read aloud a resolution commending Elizabeth “Betty” Bradley for her contributions to the citizens of Brevard County.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution commending Elizabeth O. “Betty” Bradley for her many accomplishments and services to the citizens of Brevard County. Motion carried and ordered unanimously.

Chairman Scarborough presented the Resolution to Ms. Bradley who stated she enjoyed every minute and is still enjoying writing a column for the newspaper.

RESOLUTION, RE: COMMENDING DR. LYNN EDWARD WEAVER

Commissioner Carlson read aloud a Resolution commending Dr. Lynn E. Weaver upon his retirement as President of Florida Tech.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Resolution commending Dr. Lynn Edward Weaver for his outstanding service and accomplishments during his 15-year tenure as President of Florida Tech. Motion carried and ordered unanimously.

Commissioner Carlson presented the Resolution to Dr. Weaver, who thanked the Board for the recognition, and stated Florida Tech is emerging as a world class institution and will educate the workforce in science and engineering. Chairman Scarborough stated the Board is pleased with what Dr. Weaver has given the community, which will be a benefit for years to come.

PRESENTATION BY MARTHA RUSSO, RE: PENN AND INK DRAWINGS

Martha Russo, Chairman of the Library Board, advised Brevard County is second only to St. Petersburg in library services; and thanked the Board for its support. She advised the pen and ink drawings will be presented to each Commissioner

Chairman Scarborough advised they are displayed in the Commissioners’ Offices. Commissioner O'Brien stated he displays his drawing in the lobby of the Merritt Island Service Center.

RESOLUTION, RE: COMMENDING ANIMAL GUARDIANS OF BREVARD, INC.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution recognizing and commending Animal Guardians of Brevard, Inc. for their outstanding volunteer service. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION
COMMITTEE, AND EXECUTE CONTRACT, RE: TELECOMMUNICATIONS TOWER
CONSULTANT

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant permission to advertise request for proposals for professional services by a telecommunications tower consultant; appoint Ed Washburn, Eric Conklin, Peggy Busacca, Eden Bentley, and Mel Scott to the Selection Committee; and authorize the Committee to negotiate a contract and the Chairman to execute the Contract. Motion carried and ordered unanimously.

ACKNOWLEDGE, RE: ANNEXATION OF PROPERTY BY CITY OF MELBOURNE

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to acknowledge receipt of annexation #AR-2002-139 from City of Melbourne annexing approximately 4.6 acres along the west side of North Drive, south of Sarno Road, north of Dow Road in Industrial Plaza Subdivision. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: WINDEMERE SHORES SUBDIVISION

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant final plat approval for Windemere Shores Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and approval not relieving the developer from obtaining required permits. Motion carried and ordered unanimously.

PRELIMINARY AND FINAL PLAT APPROVALS, AND CONTRACT WITH INDIAN RIVER
NO. 1 DEVELOPERS, LLC, RE: AQUARINA BOULEVARD AND SPANISH MOSS
COURT

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant preliminary and final plat approvals for Aquarina Boulevard and Spanish Moss Court, subject to minor changes if necessary, receipt of documents required for recording, and developer obtaining all jurisdictional permits; and execute Contract with Indian River No. 1 Developers, LLC, guaranteeing improvements of the project. Motion carried and ordered unanimously.

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVAL, RE: SONOMA
SUBDIVISION

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant final engineering and preliminary plat approval for Sonoma Subdivision, subject to minor engineering changes as applicable, and developer obtaining all jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: WINGATE ESTATES, PHASE I

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Contract with The Viera Company for infrastructure improvements to Wingate Estates, Phase 1, and developer responsible for obtaining all jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: WICKHAM ROAD/LAKE ANDREW ROADS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Contract with The Viera Company for infrastructure improvements to Wickham Road and Lake Andrew Drive, and developer responsible for obtaining all jurisdictional permits. Motion carried and ordered unanimously.

RESCIND POLICY BCC-83, RE: PARADE PERMIT

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to rescind Policy BCC-83, Parade Permit, as the regulations outlined in the Policy for road closures have been adopted in the Code of Ordinances, Chapter 10, Amusement and Entertainment, Article II, Special Events. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH TOWN OF MELBOURNE BEACH, RE: MAINTENANCE
OF EXISTING TRAFFIC SIGNALS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Interlocal Agreement with Town of Melbourne Beach for maintenance of existing traffic signals when necessary. Motion carried and ordered unanimously.

CONTACT WITH FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES AND
AUTHORIZE CHAIRMAN TO EXECUTE FOLLOW-UP AMENDMENTS OR ADDENDA,
RE: EMERGENCY SHELTER AND RESIDENTIAL CARE BEDS AT COUNTRY ACRES
CHILDREN'S HOME

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Contract with Florida Department of Children and Families for emergency shelter and residential care beds at Country Acres Children’s Home in the amount of $481,800; and authorize the Chairman to execute any and all follow-up amendments or addenda to the Contract, contingent on the County Attorney and Risk Management’s approval. Motion carried and ordered unanimously.

RESOLUTION, RE: CREATING MELBOURNE BEACH PUBLIC LIBRARY ADVISORY
BOARD

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution creating the Melbourne Beach Public Library Advisory Board, and setting forth membership and terms of appointments. Motion carried and ordered unanimously.

REVISED POLICY BCC-73, RE: LIBRARY MATERIAL SELECTION

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve the revised Policy BCC-73, Library Material Selection, in accordance with Policy BCC-31, Sunset Review of Programs, Services, Ordinances, and Regulations. Motion carried and ordered unanimously.

REVISED POLICY BCC-74, RE: UNSOLICITED MATERIALS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve the revised Policy BCC-74, Unsolicited Materials, in accordance with Policy BCC-31, Sunset Review of Programs, Services, Ordinances, and Regulations. Motion carried and ordered unanimously.

AGREEMENT WITH BELLSOUTH COMMUNICATION SYSTEMS, LLC, RE: UPGRADE
FIRE RESCUE WIDE AREA NETWORK TO 56K FRAME RELAY SYSTEM

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with BellSouth Communication Systems, LLC to upgrade 34 Fire Rescue locations to a 56K WAN Connectivity Frame Relay System, at $38,014; and authorize reallocation of $38,014 from computer equipment operating expenses to computer equipment capital expenses in Fund 1360, Cost Center 284900. Motion carried and ordered unanimously.

AGREEMENT WITH PAULINO O. VASALLO, M.D., RE: MEDICAL EXAMINER SERVICES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with Paulino O. Vasallo, M.D. for medical examiner services from October 1, 2002 through September 30, 2004. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH COASTAL HEALTH SYSTEMS OF BREVARD, INC.,
RE: MARCHMAN/BAKER TRANSPORTS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Amendment to Agreement with Coastal Health Systems of Brevard, Inc. for Marchman/Baker transport services from October 1, 2002 through September 30, 2004. Motion carried and ordered unanimously.

RENEWAL OF POLICY BCC-85, RE: GOPHER TORTOISE AND ENDANGERED SPECIES
RELOCATION

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve renewal of Policy BCC-85, Gopher Tortoise and Endangered Species Relocation, as amended. Motion carried and ordered unanimously.

RESOLUTION AND LEASE AGREEMENT WITH KEEP BREVARD BEAUTIFUL, INC., RE:
LEASE OF PROPERTY AT 1620 ADAMSON ROAD, COCOA

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution and execute Lease Agreement with Keep Brevard Beautiful, Inc. for property at 1620 Adamson Road, Cocoa, from July 23, 2002 through July 23, 2007. Motion carried and ordered unanimously.

RESOLUTION AND PERMISSION TO DONATE, RE: FORD 55-50 BACKHOE TO
BREVARD COUNTY ZOO

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution authorizing donation of a Ford 55-50 backhoe to the Brevard County Zoo. Motion carried and ordered unanimously.

APPROVAL OF TEMPORARY LOAN TO MERRITT ISLAND REDEVELOPMENT AGENCY,
RE: STORMWATER AND SANITARY SEWER SYSTEM IMPROVEMENTS IN MERRITT
PARK PLACE

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to authorize a temporary loan from Water Resources Department to Merritt Island Redevelopment Agency for stormwater and sanitary sewer system improvements in Merritt Park Place, in an amount not to exceed $250,000. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD COUNTY PROPERTY APPRAISER, RE: SPECIAL NON-AD
VALOREM ASSESSMENTS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with Brevard County Property Appraiser for collection of non-ad valorem assessments via the property tax bill as opposed to being billed and collected separately. Motion carried and ordered unanimously.

ACCEPTANCE RE: INTERNAL AUDIT REPORT OF CENTRAL CASHIER FUNCTION

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to accept Internal Audit Report of Central Cashier function, as accepted by the Internal Audit Committee. Motion carried and ordered unanimously.

ACCEPTANCE, RE: INTERNAL AUDIT REPORT OF PROPERTY CONTROL PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to accept Internal Audit Report of Property Control Program, as accepted by the Internal Audit Committee. Motion carried and ordered unanimously.

APPROVE POLICY BCC-10 AND REVISED POLICY BCC-75, RE: TOOL REIMBURSEMENT
AND COUNTY VEHICLE FLEET MANAGEMENT

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve Policy BCC-10, Tool Reimbursement, and revisions to Policy BCC-75, County Vehicle Fleet Management. Motion carried and ordered unanimously.

AUTHORIZE EMERGENCY PURCHASE, RE: IRRIGATION WELL AND SUBMERSIBLE
WELL PUMP AT JOHN D. WRIGHT WASTEWATER TREATMENT PLANT

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to ratify after-the-fact emergency purchase of an irrigation well and submersible well pump for the John D. Wright Wastewater Treatment Plant. Motion carried and ordered unanimously.

APPOINT NEGOTIATING COMMITTEE, RE: #P-01-02-23, AUDIT SERVICES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to appoint County Finance Director Stephen Burdett, a representative from the County Attorney’s Office, and Central Services Director Steve Stultz to the Negotiating Committee for Proposal #P-1-02-23, Audit Services; and to negotiate fees with the best-ranked firm recommended by the Selection Committee. Motion carried and ordered unanimously.

RESCIND POLICY BCC-2, RE: EMPLOYMENT PRINCIPLES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to rescind Policy BCC-2, Employment Principles, as the Policy is obsolete and superseded by various Policies and Administrative Orders. Motion carried and ordered unanimously.

REVISED POLICY BCC-48, RE: FACILITIES CONSTRUCTION FEES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve revised Policy BCC-48, Facilities Construction Fees, which establishes a uniform system of fees and/or charges in accordance with services provided under Administrative Order AO-28. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: GREATER PALM
BAY SENIOR CENTER AIR CONDITIONING REPLACEMENT

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant permission to bid Greater Palm Bay Senior Center Air Conditioning Replacement, award bid to lowest, qualified, responsive bidder, and authorize the Chairman to execute a Contract with the successful bidder. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION AND
NEGOTIATING COMMITTEES, AND EXECUTE CONTRACT, RE: CONTINUING
ROOFING CONSULTANT SERVICES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, grant permission to advertise request for proposals for Continuing Roofing Consultant Services; appoint Steve Stultz, Jaime Irizarry, and Sam Stanton to the Selection Committee; appoint Carl Tucker, Jaime Irizarry, and Sam Stanton to the Negotiating Committee; and authorize the Chairman to execute a Contract with the successful firm. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE AND SOLICIT PROPOSALS, APPOINT SELECTION AND
NEGOTIATING COMMITTEES, AND EXECUTE CONTRACT, RE: PROCUREMENT OF
LOGGING RECORDER EQUIPMENT FOR 9-1-1 PUBLIC SAFETY ANSWERING POINTS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant permission to advertise request for proposals for Logging Recorder Equipment for 9-1-1 Public Safety Answering Points; appoint Lana West, Lesley Lewis, Bryan Foster, Cary Sargent, Fran Self, Pete Malzone, E. Georgia Phillips, Eric Conklin, Leslie Rothering, and Steve O’Conor to the Selection Committee; appoint Steve Stultz, Eric Conklin, and Steve O’Conor to the Negotiating Committee; and authorize the Chairman to execute a Contract with the successful vendor. Motion carried and ordered unanimously.

REVISED POLICY BCC-37, RE: FINAL ACTION FOR COLLECTION OF DELINQUENT
FEES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve revised Policy BCC-37, Final Action for Collection of Delinquent Fees. Motion carried and ordered unanimously.

REVISED POLICY BCC-70, RE: MANAGEMENT OF REAL PROPERTY

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve revised Policy BCC-70, Management of Real Property. Motion carried and ordered unanimously.

SETTLEMENT AGREEMENT AND PROPERTY DAMAGE RELEASE WITH PROGRESSIVE
INSURANCE COMPANIES, RE: MARK AND SHERRY BITTO

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Settlement Agreement and Property Damage Release with Progressive Insurance Companies for policy limits concerning Mark and Sherry Bitto in the amount of $50,000. Motion carried and ordered unanimously.

AGREEMENT WITH UNDERWRITERS SAFETY AND CLAIMS, INC. AND PERMISSION TO
SOLICIT REQUEST FOR PROPOSALS, RE: WORKERS' COMPENSATION CLAIMS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with Underwriters Safety and Claims, Inc., extending the original Agreement through September 2003, with an adjusted fee schedule; and authorize Risk Management to solicit requests for proposals for the third party administration of workers’ compensation claims to begin with the start of October 1, 2003 policy year. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND APPOINT SELECTION
COMMITTEE, RE: VOLUNTARY LONG-TERM CARE INSURANCE FOR ELIGIBLE
COUNTY EMPLOYEES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to authorize Human Resources Director to publish request for proposals for voluntary long-term care insurance for eligible County employees; and appoint the Insurance Advisory Committee as the Selection Committee to review any proposals submitted. Motion carried and ordered unanimously.

RESOLUTION, RE: CONGRATULATING REVEREND RICHARD POBJECKY

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution congratulating Reverend Richard Pobjecky on his 25th Anniversary as Rector of St. Gabriel’s Episcopal Church, and wishing him well as he continues his service to the citizens of North Brevard. Motion carried and ordered unanimously.

RESOLUTION, RE: EXPRESSING APPRECIATION TO ROBERTA HODGES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution expressing appreciation to Roberta Hodges for her untiring efforts to improve the lives of those suffering from brain disorders and the family members who care for them. Motion carried and ordered unanimously.

RESOLUTION, RE; RECOGNIZING THE CAVENDISH SINGERS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution recognizing the Cavendish Singers Muriel Wallis, Linda Langdell, Mollie Ellson, David Ellson, Derek Wears, Lydia Wears, Adrian Keach, Carol Keach, Gill Bateman, Paul Bateman, Sylvia Sharp, Graham Sharp, Jen Woolley, Alan Woolley, Reverend Graham Bell, Sally Bell, Sue York, Rita Loasby, Sue Attfield, Pauline Youngs, Emma Whyte, Laura Curran, Isobel Baker, Sally Kendrick, Eleanor Gibson, Fay Bigley, Ros Turner, Carol Geis, Margaret Read, Ros Vidler, Tracey Arnold, Yvette Gerrish, Brenda Churchill, Sheils Freer, James Broderick, Edward Pick, Marie Wharmby, Emma Boulter, Sarah Beasley, Jenny Lucas, Jatinder Lotay, and Marie Pentelow as they celebrate their 30th Anniversary, and welcoming them to Brevard County on their 2002 tour of the United States. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
CHAPTER 2, DIVISION IV, SECTION 2-213, UNIFORM ADVISORY BOARD

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing to consider an ordinance amending Chapter 2, Division IV, Section 2-213, Uniform Advisory Board. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE AND SCHEDULE EXECUTIVE SESSION, RE:
LUMBERT/KAUFMAN VS. BREVARD COUNTY, ET AL

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to authorize the County Attorney to advertise and schedule an executive session for August 13, 2002 at 11:30 a.m. or as soon thereafter as possible, to discuss settlement of Lumbert/Kaufman v. Brevard County, et al. Motion carried and ordered unanimously.

CONFLICT OF INTEREST WAIVER, RE: GREENBERG TRAURIG

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute waiver of conflict of interest for the law firm of Greenberg Traurig on behalf of Mike Cherniga on air quality matters. Motion carried and ordered unanimously.

RESOLUTION, RE: CANCELLATION OF REAL PROPERTY TAXES FOR T. A. ALTMAN
PARCEL

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution canceling real property taxes for property acquired through the Court Order of July 23, 1999 on Tax Account No. 2708800 pursuant to Florida Statutes Section 196.28 and Circuit Court Case No. 05-1999-19754-Carlson-D, State of Florida Department of Transportation v. T. A. Altman, et al. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to appoint and/or reappoint Dale Young to the Citizen Budget Review Committee with term expiring December 31, 2002; Henry Helmich and Richard Broome to the Committee to Review Special Master Procedures with terms expiring November 1, 2002; John Ray to the Health Facilities Authority replacing Mike Means, with term expiring July 23, 2006; Clarence Mills to the Public Golf Advisory Board, with term expiring December 31, 2002; and Jan Erickson to the Zoning Board of Adjustment, with term expiring December 31, 2002. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve bills and Budget Change Request as submitted. Motion carried and ordered unanimously.

WAIVE REQUIREMENT FOR PERIMETER BUFFER, RE: STAGHORN SUBDIVISION

Dick Thompson advised he has lived on Merritt Island for 37 years and purchased 4.5 acres 13 years ago of land in what is called South Merritt Estates Lake Section, about 300 yards to the south of where he lives; he purchased the property with his retirement money and a mortgage on his house; and because the land was similar to the vicinity where he built his house 37 years ago with big trees, he thought the tract would provide homesites similar to what he has enjoyed on Heron Drive. He stated about the same time, a development called Hidden Hollow was being constructed adjacent to his property on the north side; there was no provision for drainage, which was being dumped onto his property from those lots; and a check of the approved plan showed a requirement for a swale on the rear of the lots directing their runoff to their retention pond; and he spent two to three years trying to get the dumping of water removed from his property through the County and St. Johns River Water Management District. He stated he wrote letters to each and got no help; and houses were constructed and certificates of occupancy were issued without compliance with the approved plans. Mr. Thompson stated several years had gone by as he tried to figure out how best to handle the problem; his subdivision plans were completed about ten years ago and have been revised at least twice since then to meet new and changing regulations; and the latest revised plans include a 15-foot drainage swale and easement on his property to handle Hidden Hollow’s drainage. He stated an additional 15-foot easement is required for handling Staghorn’s drainage, which is the name of the subdivision he is proposing; and by providing the easement, the owners of Hidden Hollow Subdivision would not have to dig up the backyards and put the swale in as required by their plans. Mr. Thompson stated by doing that, there is no room for the 15-foot buffer requirement of Ordinance No. 01-77; there will not be sufficient property left for development; and he will lose his retirement investment. He requested a waiver of the requirement of Ordinance No. 01-77.

Carl Signorelli presented documents to the Board, but not the Clerk; stated the Ordinance requires a 15-foot buffer around the entire subdivision; there should be additional exceptions to make it compatible for public compliance; and the few exceptions, which he thinks are needed, are: (a) a subdivision larger than ten acres must comply to the above requirement, which means those below ten acres will have problems and come to the Board for variances; (b) roads, driveways, retention, drainage areas, and utility areas may be placed in the undisturbed area; (c) landscape credit should be given for the trees and vegetation in the buffer area; and (d) if no or partial trees or original vegetation exist around the perimeter, the builder or developer is to plant the necessary void with trees and vegetation to comply with the Landscape Ordinance. He requested the Ordinance be amended to decrease the amount of variances necessary for compliance with the Ordinance.

Dr. William David Campbell advised he owns Lot 14 in Hidden Hollow Subdivision and has resided there for about ten years; this issue has come up several times in the past; and commended the Board for the law passed on December 4, 2001 regarding the buffer zone. He stated the Board used great wisdom and judgment in protecting existing property values in passing that law. He stated the stock market has gone down and his retirement has been killed also; he is going to have to work an extra ten or fifteen years; but that is beside the point and not the Board’s problem. He stated the engineering of the proposed subdivision will begin the drainage easement immediately on his property line with no respect for a buffer; the engineering drawing leaves a 30-foot easement on the back of his lot that begins immediately on his property and for 30 feet is water retention; and with $250,000-valued homes to be built, which he assumes, based on the lot size, would have to be two-story homes, the homeowners would look into his pool and backyard without any type of buffer or privacy. Dr. Campbell stated the fact that this waiver as requested would not adversely affect the value of properties in Hidden Hollow is a gross assumption on the gentleman’s behalf; it would have an adverse effect, especially if the buffer is not respected; and those are his concerns. He stated he has no issues with the current Codes and feels if the Board respects the laws it passed on December 4, 2001, it can see the wisdom it used in making that decision for the property owners of the County.

Randall Scott stated four points about the 15-foot buffer are privacy, noise reduction, property value, and protecting trees and vegetation that are indigenous to the area; as an active duty military member, he was stationed at a variety of developments around the country and has seen developments such as Peachtree City, Georgia, which requires a 100-foot buffer between developments; and equally important to him is the retention pond issue. He stated his property directly abuts where a retention pond is proposed in the new development; looking at almost four and a half acres of wetlands back there, having a small retention pond to accommodate that, will have six inches to two or three feet of standing water; and inquired where is that water going plus whatever rain comes on top of that. He stated his fear is in his backyard; without a pond that has any kind of outlet, it is going to overflow; it is also going to be a stagnant collection; and he has seen in many developments stagnation, smell, and infestations unless they have an active homeowners association to take care of the ponds.

Lawrence Robinson advised he is a property owner on South Tropical Trail; his property directly abuts the proposed subdivision on 180 feet; according to the drawing provided to him, his property abuts Lot 1; and he is here to speak out against the request for a waiver. He stated he sent a letter to Mr. Jenkins last week; his concerns, in addition to those already stated, relate to his situation; there is no buffer or drainage easements directly against his property; there is no division whatsoever; and that is definitely going to be a problem. He stated there is standing water presently on the property where the proposed water retention will be; that issue has to be addressed; and right now there is no way that is going to be addressed other than to drain back on his property. Mr. Robinson advised in reviewing the Minutes of the meeting when the buffer was adopted, there were concerns cited; Chairman Scarborough mentioned concerns about incompatibility; he and his family are fortunate to have the opportunity to live on a two plus acre homesite directly on the river; and he is concerned about the effect the proposed subdivision will have on his property. He stated when the land was purchased from the former owner of his home, they were informed that development was not a possibility, and that it had been investigated previously; and it is a disappointment to him and other property owners that it now may not be the case. Mr. Robinson stated the other point he wants to make is about notification; he is not familiar with the County’s requirements for advertising for consideration of such items; there may have been advertising in the paper, but he does not know that. He stated most of them do not have the opportunity to review the newspaper in detail; it is a simple click of a mouse to investigate the names of those people who would be influenced by such consideration and who should be notified directly rather than, as luck would have it, one of their neighbors happening to notice it and doing some investigation; and otherwise, none of them would be here today.

David Clark advised he is a home and business owner in Brevard County and is here for denial of the waiver. He stated after reading the Minutes of the meeting where the Board unanimously passed the buffer Ordinance, he assumed two objectives of the Board were to protect their investments and lessen impacts of adjoining incompatible subdivisions. He stated the proposed subdivision immediately borders South Merritt Estates on two sides; most of the lots in South Merritt Estates are one acre or larger; so he believes it could be defined as incompatible by the lots he saw on the preliminary layout. He stated he does not deny that Mr. Thompson has a right to develop his property, but all efforts should be made to assure it is done in a manner that has minimal impact on existing homes.

Fredericka Jura presented a petition signed by 38 neighbors affected by the proposed subdivision; and read the petition as follows: “A petition opposing a developer’s request to waive the mandatory 15-foot buffer requirement in a residential subdivision. To the Board of County Commissioners of Brevard County, Florida: We the undersigned, who are residential property owners and whose properties either abut or are in the immediate vicinity of the proposed Staghorn Subdivision in Merritt Island, Florida, hereby endorse the following petition: Whereas, on December 4, 2001, for very valid and important reasons, the Board of County Commissioners unanimously adopted an amendment to Chapter 62, Article VII, Code of Ordinances of Brevard County, Florida, specifically amending Section 62-2883 entitled General Design Requirements and Standards, to require 15-foot perimeter buffers for all new residential subdivisions; and now comes the owner of a 4.5 acre undeveloped site with unapproved site plans seeking a waiver of this requirement, alleging that such a waiver is necessary for development of the site and the economic benefit of its developer, without regard for the economic, environmental, drainage, and other costs to and effects on the surrounding property owners. Now therefore the undersigned herewith strongly urge the Board of County Commissioners to quash, reject, and dismiss this waiver request immediately due to, among other things, the following reasons: 1. The absence of any legitimate need for such a waiver. 2. The specific need, previously recognized by the Board, for this buffering. 3. The destruction of existing natural vegetation. 4. The destruction or disruption of protected species, which inhabit the tract. 5. The effect of such a waiver on seasonal wetlands existing on much of the site. 6. The effect of such a waiver on the sight lines of adjacent properties. 7. The absence of taking into account the elevations of any future construction on the site, which would be required to be higher than those of abutting properties. 8. The resulting ability of the developer to then locate access roads inappropriately close to existing developed residences. 9. The effect of such a waiver on the possible flooding of adjacent properties. 10. The public embarrassment that the Board could suffer by doing a 180 degree reversal on the buffer issue in such a short time period.” She presented the petition to the Board.

Bonnie Wilhelm expressed concerns regarding her property; stated Mr. Thompson is requesting the County waive a 15-foot perimeter buffer; and he is proposing to run a road down the north side of her property. She stated at the present time there is a four-foot sheer drop off of her property line into 30 inches of water; the property has always been wetland; but the situation has deteriorated since the development of Hidden Hollow. She stated if the land is raised and a road built on her property line, which is five feet from her driveway, she will have serious drainage problems; they have a drainage problem already; and a road will send water directly into her driveway, which will have nowhere to drain but towards her house. She stated her main concern is the safety of her family; the road will run five feet down her driveway; her children and their friends play in the driveway; and they will be at serious risk with a road up the length of her driveway. Ms. Wilhelm stated if they jump, run, or fall off the concrete, they will be on a road; there is no perimeter buffer called for in the proposal; it is a serious safety hazard; and it saddens her to have to come and argue to uphold the Code, which should be enforced without question. She implored the Board to uphold the Codes that were enacted to protect all citizens of Brevard County; and stated they should not be waived for those who feel the County Codes do not fit into their plans. She stated last year this proposal was submitted to the County for approval and was rejected; at that time Land Development and Water Management informed her that she would have to be notified if there were any changes made on the property, yet none of the property owners were notified; and noted there are only three houses in South Merritt Lakes Section, and she owns one of them.

Gene Canada advised he has lived on Merritt Island and has been a business owner for over 25 years; and recommended the Board not grant the waiver. He stated he owns Lot 22 in Hidden Hollow, which abuts Lot 2 of the proposed subdivision; and his lot is the only lot in Hidden Hollow that would have no barrier if the requirement is waived. He stated drainage has always been a problem behind the subdivision; granting the waiver would be detrimental to all the surrounding areas; the Board took a great step when it passed the Ordinance less than a year ago; and it would be taking a step backwards for Brevard County by granting this request.

Ralph Maccarone advised he has been a property owner for 18 years, and in Hidden Hollow for four years; his property abuts the north side of the proposed Staghorn Subdivision; and requested the Board deny the request of Mr. Thompson for waiver of the 15-foot perimeter buffer. He stated the perimeter buffer serves to visually and aesthetically enhance an area; it decreases noise and provides an amount of privacy between subdivisions; and according to the Minutes of December 4, 2001 meeting when Ordinance No. 01-77 was passed, it was discussed and voted on unanimously to require the 15-foot perimeter buffer. He stated Chairman Scarborough stated he can see the 15-foot perimeter buffer developing with greater distances as the incompatibility of the property increases; and he also stated the more they are incompatible the more they are likely to encroach. Mr. Maccarone advised the proposed Staghorn Subdivision lot size appears to be one-third of an acre; South Merritt Estates’ lots that abut the property on the south side are over one acre; and that in itself raises the incompatibility issue. He stated Chairman Scarborough stated that part of the Board’s job is to protect people’s investments in their homes and property; and by allowing this waiver, the Board is undermining what it has put into effect less than eight months ago. He stated the Agenda Report states that granting of the waiver will not be injurious to the adjacent properties; and inquired how can that be when the waiver will directly impact 18 different homeowners. He stated they currently have a vegetative buffer, which will be clear-cut to put in a 30-foot drainage easement; there can be no vegetation within that easement; and with a 15-foot perimeter buffer, at least they will have some natural screening between the subdivisions. He stated Item 3 of the Agenda report states this is the last remaining infill tract in the area; and inquired if every available property must be developed. Mr. Maccarone stated if the property is developed, he would request the developer comply with the regulations that the Board has enacted; and the developer should not be afforded more development potential than the current law allows. He stated if the Board grants the waiver, it will be a disservice to 18 property owners; it will disturb the natural vegetative buffer between subdivisions and destroy the privacy now afforded by the wooded boundary; and he strongly recommended the request for waiver of the buffer be denied. He stated on July 19, 1995, Ralph Brown, who was the lead engineer with St. Johns River Water Management District, came out to inspect the property; Mr. Brown’s opinion was that any stormwater running off the back of the south lots onto Mr. Thompson’s property is not contributing significantly to the water problems there; and it was also Mr. Brown’s opinion that a back lot swale and berm would not convey the runoff in the direction of the stormwater retention pond.

Richard Kern, Civil Engineer of the project, working with Dick Thompson, advised they are requesting a waiver of the 15-foot perimeter landscape buffer around all sides of the proposed project. He stated the site is a 4.5-acre site on Merritt Island just south of Hidden Hollow and immediately north of South Merritt Estates; the tract of land is surrounded by developed property on all sides; and it is the last remaining tract in the area that is still vacant. He stated the developer would like to create a subdivision for only eight single-family lots; the property is zoned EU and would be 15,000 square feet minimum; the tract of land they are working with is fairly small in size and only 180 feet wide and 1,000 feet long; and since it is so narrow, it is impossible to develop it with a single-sided street. He stated imposing a 15-foot wide landscape buffer on all sides of the proposed subdivision would be a severe hardship for the tract of land; the buffer would constitute one acre of the 4.5 acres; and that is 21% of the entire project area. Mr. Kern stated imposing the buffer on such a small tract removes a significant amount of the value, and would cause the project to be canceled. He stated if the buffer is required on all sides, the buildable area for most of the lots shrinks to 55 feet deep; and that is with the stormwater pond coming right up to the rear of the house and no usable backyard for the homes. He noted for homes in that price range, it would not be acceptable to the developer. He advised the current Ordinance does not provide any consideration for small subdivisions and causes a severe hardship; in medium to large subdivisions, it is not as severe; but in small ones, it has a major impact and could likely cancel the project. He stated since many of the neighbors brought up the drainage issue, he would like to touch upon that; the Hidden Hollow project was approved by the County and St. Johns River Water Management District with a rear lot drainage swale required for the project; the project never built the rear lot drainage swale; it has been in violation of the County’s approval for all these years and has been illegally dumping water on his client’s property; and it has caused problems over the past ten years. Mr. Kern advised his client is required by the County, even though he should not be, to not block the drainage and to convey the drainage; they are making provisions for that; and they have been granted a permit by the St. Johns River Water Management District for the drainage of the project. He stated the District reviewed the wetlands and drainage already; and it is unfair to impose a 15-foot buffer on all sides of this small project.

Commissioner O'Brien advised Mr. Thompson has been fighting a chronic drainage problem on the property for years; it appears there has been no resolution to the problem; and he wants to put in a swale to capture the water coming onto his property and direct it back to the retention pond within Hidden Hollow development. He stated there is a possible solution to the problem; the Board does not have to waive the buffer, but allow the drainage in the buffer by using landscaping instead of the natural buffer that may exist at this time; in other words, he could build the swale and plant within it or over it so the water can convey without blockage. He stated it is just an idea for staff to consider. Commissioner O'Brien advised Mr. Thompson said the certificates of occupancy for Hidden Hollow were issued without compliance with drainage for their property; it is a county, state, and national problem where rain water comes off roofs onto neighboring properties, especially undeveloped lands; government expects the water retention to take place, but it does not sometimes; however, the Ordinance as written goes far beyond what he thought it was going to do. He stated he recognizes a need for a buffer between subdivisions, small and large; the reason the Board reacted to create the Ordinance was over Sawgrass, where the lot sizes were incompatible back to back with another development; and putting a buffer between the developments, especially where the back lots would not align in a logical manner, made sense. He stated he did not picture surrounding the entire development on all four sides with a buffer; so maybe it has gone a little too far especially because the backyards at Sawgrass were the problem that started this chain of thought. Commissioner O'Brien advised the Ordinance says the buffer along the property boundaries shall be platted as a common tract separate from individual lots; however, the Board may want to allow individual lots to control the buffer; small developments will not have a homeowners association to generate funding for preservation or enhancement of the buffer; and if the Board allows individual lot owners to have ownership of the buffer and they cut it down, Code Enforcement can make them replant the buffer. He stated the Board may want to reconsider requiring the buffer on all four sides of a project and the ownership of the buffer area; the Ordinance was created to protect adjacent properties, which were incompatible; and the Board may not need to waive the requirement if it allows a combined buffer and drainage in the 15 feet, because 30 feet may become cumbersome for the owner of the property. He stated when people bought homes in Hidden Hollow, the Ordinance did not exist; it was put together last year; and there was no concern expressed until the Ordinance was put in place. Commissioner O'Brien advised someone mentioned stagnant retention ponds; Hidden Hollow also has a retention pond; developments do and are controlled by permits of the St. Johns River Water Management District in most cases, but not all; and if they find water is stagnant, they tell the Homeowners Association to use chemicals, plant certain plants, or do something about it. He stated there are rules, policies, or regulations that cover that situation because they cannot just let it occur. He stated Sykes Cove in Merritt Island has a large retention pond; the Homeowners Association pays a lot of money to maintain that pond, not just to cut the grass, but keep the water at a certain quality; and they were ordered to do so by St. Johns River Water Management District long after it was almost built out. Commissioner O'Brien stated the Board is a body of government that wants to be fair to all the people it represents; the Ordinance may have reached beyond fairness; it is about incompatibility; and if the Board wants to, it can lessen the impact, but it cannot eliminate the impact. He stated a two-story house looking into the backyard of the neighbor and the pool can happen without the buffer and Ordinance in place; and inquired how would the homeowners feel if Hidden Hollow was ordered to have a 7.5-foot buffer in their backyards. He stated it is the same kind of taking; Mr. Thompson has not built his houses yet, but it is still his backyard; and to take 15 feet of his backyard to make a buffer for the lots in Hidden Hollow because they are not willing to meet him halfway is not fair. He stated he is not berating anyone, but it is a thought they may want to consider. Commissioner O'Brien stated someone mentioned destruction of natural buffer, species, and wetlands; before Hidden Hollow was built there were woods there also and species; destruction of vegetation happens when someone builds a house; but the County also has a Landscaping Ordinance that says so many trees or other things must remain or be replaced in a viable manner. He inquired if there are protected species on the property; stated seasonal wetlands existing on much of the site is a big statement; and he is not sure of its correctness because the County has to go out there and define the wetlands. He stated another comment was that elevations of any further construction on the site will be higher than abutting properties, yet the testimony this morning said the backyard drop-off was three feet; so the property abutting that property is three feet lower than her property; and that is why there are runoff problems. He stated Mr. Maccarone said privacy is now afforded by the buffer; it was not afforded last year; and that is why the Ordinance may need to be tweaked.

Motion by Commissioner O'Brien, to direct staff to bring the Ordinance back to the Board to look at changes such as buffering on all four sides of a project being a realistic requirement; allowing individual lots to retain ownership of the buffer zone rather than go to a common area; and variances the Board may allow to include drainage or other viable things in a buffer zone to serve a dual purpose.

Commissioner O'Brien stated they do not have to dig a ditch and kill all the trees; they can have a swale or ditch with trees in it as long as water can flow; so his motion is to amend the Ordinance and bring it back to the Board for discussion and to look at legislative intent.

Chairman Scarborough advised the item is a request to waive the requirement of the 15-foot perimeter buffer on all four sides, so he would like to get follow-up motions after that item is taken care of; and inquired if Commissioner O'Brien wants to lead with a motion on the subject.

Motion by Commissioner O'Brien, to waive the 15-foot perimeter buffer except on one side along the property lines of Hidden Hollow, and to allow drainage to occur within the buffer zone. Motion died for lack of a second.

Motion by Commissioner O'Brien, to look at amending the Ordinance and bring it back to the Board in 45 days to discuss the problem of requiring a buffer on four sides of a project and if individual lots should own the buffer zone.

Chairman Scarborough stated he does not have a problem looking at the Ordinance because he had something in Port St. John that abutted a large utility easement and there were some issues; maybe buffers are not needed in all cases; but he would like to have a staff report on where it may work or may not work before proceeding to the Ordinance. He stated four sides may not work in all cases. Commissioner O'Brien stated the plans before the Board show that it does not work on all four sides; and the south side on where they have the street the buffer will take 15 feet. Chairman Scarborough requested a motion to get a staff report.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to get staff report on the necessity of a buffer in all instances when perhaps buffered by other items, dual use in some cases, such as for drainage, and allow individual ownership of the buffer zone rather than a common area. Motion carried and ordered unanimously.

Chairman Scarborough advised the motion to waive the buffer requirement on all four sides for Staghorn Subdivision died for lack of a second; and hearing no further motion, the Board will go on to other business.

ANNOUNCEMENTS, RE: AGENDA ITEMS

Chairman Scarborough stated the Board has a long item dealing with the homeless; at 11:00 Senator Posey is supposed to be here; and suggested Commissioner Colon ask Senator Posey to come another time. He stated at 11:30 a.m. there is an executive session, and the Commissioners will have lunch during that session because it has time certains at 2:00 p.m. and 2:30 p.m.; and if the cities wish to be heard, rather than they sitting through the whole meeting, the Board could give them a time certain at 3:00 p.m.

Commissioner Carlson stated they want two representatives to speak; with Chairman Scarborough responding he does not care how many speak, but he will not be able to hear them until 3:00 p.m. He requested a motion to hear the cities at 3:00 p.m. Commissioner Carlson stated the Board needs to reconsider the table.

Commissioner O'Brien stated the Board should not reconsider the table; the Water Board met and made a motion to meet again on August 23, 2002 to discuss the water district further; the cities and Kennedy Space Center were there; and he does not want to kill further discussion by the Water Board. Chairman Scarborough stated he promised the Mayor and City Manager of Titusville that the Board would table the item and they would have an opportunity to work on it; but there are people here who want to be heard; and anytime people want to be heard, he wants to afford them the opportunity.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to reconsider the motion to table permission to advertise public hearing on an ordinance creating a special water and sewer district, and hear comments from the cities at 3:00 p.m. Motion carried and ordered; Commissioner O'Brien voted nay.

ANNOUNCEMENT, RE: OPTION 2 OF THE HOMELESS ISSUE

Commissioner Colon advised Option 1 is the ordinance for the homeless, and there is an Option 2, which may not have been given to the public; however, copies will be made available so the folks can have Option 2 handy.

The meeting recessed at 10:23 a.m., and reconvened at 10:35 a.m.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 74, PROHIBITING SLEEPING
OR CAMPING ON CERTAIN STREETS AND PUBLIC PROPERTY

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 74 to prohibit sleeping or camping on certain streets and public property. He advised Commissioner Colon submitted an alternative proposal; and requested she explain it before taking public comments.

Commissioner Colon advised Avon-By-The-Sea is in District 2, but she received approval from Commissioner O'Brien to meet with the residents. Commissioner O'Brien thanked Commissioner Colon for interceding and stepping up to the plate on the issue; and stated she has done a wonderful job. Commissioner Colon stated there are copies of Option 2 in the back that focuses on sleeping and camping on the beach area; during the meetings they talked about open containers, nudity, public parks and recreation areas, prohibitions on depositing substances in waters, and a lot of issues that have Ordinances already in place; so what they did was put those together and focus on sleeping and camping between the hours of 10:00 p.m. and 5:00 a.m. on any beach, dune, beach access, and dune crossovers located in the County. Commissioner Colon stated Option 2 is supported by the Hope Center; and there are letters from WIN. sponsored by the Coalition of the Hungry and Homeless, and Together in Partnership. She stated anyone who does not have a copy of Option 2 can obtain it in the back of the room.

Chairman Scarborough called for Camilla Worrell; and Commissioner Carlson suggested taking a consensus on Option 2. Chairman Scarborough stated after Option 2 has been heard, if people agree with it, they could waive their time; however, this is a public hearing, and they are entitled to speak to the Board.

Nathan Steury, Pastor of United Methodist Church on the beachside, advised Option 2 is more reasonable, but they are here to encourage the Board to look for space for the homeless and ways to help them. He stated if public spaces are taken away, they have no place to sleep; it is not anyone’s desire to do that; and if they can put as much effort into looking for alternative places for them to say as they have in keeping them out of places where they seem to be bothering people, they would be more benefited. He thanked the Board for coming up with Option 2; and stated it is their desire for the County to have more spaces for the homeless to lay their heads at night.

Kim Gabriel with South Brevard Habitat for Humanity, applauded the Board for doing the research and coming up with Option 2. She stated a beachfront address typically conjures up images of living in paradise, but for Vernon and Horaine Sonoren, living in a tent on the beach for three years with six children was no dreamland; instead, it was a nightmare that meant they had to haul water from a nearby public park and bathe at the park because they could not afford the high cost of housing. She stated they did that until space became available in a transitional housing where their name had been on the list for three years; and in July 1999, they became Habitat for Humanity homeowners. She stated poverty and the lack of affordable housing are the principal causes of family homelessness; over 40% of all homeless persons are complete families; and 67% are single-family households. She stated in Brevard County a medium wage worker would have to work 87 hours a week to afford a simple decent two bedroom apartment at 30% of his or her income, which is the federal definition of affordable housing. Ms. Gabriel advised the shrinking supply of affordable housing in Brevard County is another factor underlying the growth in family homelessness; they have done an excellent job for years of hiding their poor; they can no longer sweep them under the carpet; they are coming out and sleeping on the beaches, park benches, and cars; and they are coming into their offices asking for help. She stated they are advocates for housing all over the County; and they can sit on the phones all day trying to find beds, space, or shelter, but there are none in Brevard County. She stated more recently the strong economy has caused rents to soar, putting housing out of the reach of the poor citizens of Brevard County who are now being evicted; and inquired where are they supposed to live if they do not have enough shelters, transitional housing units, or permanent housing. She stated they become homeless and seek shelter for their families anywhere they can find it; often it may be on a beach; and to take away the only basic human right they have without offering them an alternative is not right. Ms. Gabriel stated if the Board is going to pass an ordinance, it has to give them an option; and the officer who goes up to them has to be able to say he can take them to a shelter, or he can provide them transitional housing until they can get on their feet. She stated they cannot just be arrested and put in jail; and asked the Board to imagine a single parent with four children who is evicted, is still working at a minimum wage job but cannot afford a place to live, is arrested and put in jail, and loses her children to Department of Children and Families. She stated those children are good students; she can document cases for the Board where they are making A’s and B’s; and inquired if either ordinance is worth splitting up the family and tearing them apart. She requested the Board go back and solve the problems before putting either ordinance into effect, and make sure Brevard County has enough shelters, portable housing units, and transitional housing units. She noted that is what they have been asking the Board to do for a very long time.

Commissioner Colon inquired if Ms. Gabriel is aware of the grant for 56 beds; stated it is not the answer but is a start; and because of the ordinance the County has gotten involved with the issue, so it is a blessing in disguise. Ms. Gabriel implored the Board not to pass the ordinance and do the homework first; stated 56 beds is a wonderful start; but a homeless count done last year revealed almost 2,000 people are homeless in Brevard County. Commissioner Colon stated her office was part of that count, so she knows what the numbers are. Commissioner Colon stated after a lot of conference calls to Miami, they shared with Brevard County the need for centralized information; that is in place with 211; officers are not inclined to arrest anyone; it is to have the opportunity for that officer to tell them where they are able to go for shelter and to call 211, which a lot of people do not know about. She stated the people in Miami told her that Brevard County needs to have certain things in place before it adopts an ordinance. Ms. Gabriel stated she has called 211 for several people and there was no room; and inquired what happens when the officer makes that phone call and there is no room, and what is his or her alternative. Commissioner Colon stated Habitat for Humanity built its 20th home in the Aurora area; and thanked it for the home the Vargas family now resides in.

Chairman Scarborough stated the question was asked if an officer calls 211 and there is no space available, what are the options; with Commissioner Colon responding the main thing they are focusing on with the providers who work closely with the homeless is starting a network so they call in to let them know about the beds they have; and since they are transitional, there will be times when one, two, or three beds are available. Chairman Scarborough inquired what if there are none available, what are the officer’s options; with Commissioner Colon responding they are working closely with Diane Clark of the Sheriff’s Department; their intention is not to arrest anyone; that is not what this is about; and they are reaching out to the faith-based community to temporarily house people. Chairman Scarborough stated the question was 211 is called, and faith-based has nothing; and inquired does the officer say he will come back when something is available, or does he incarcerate the homeless people. Commissioner Colon advised Commander Diane Clark said they would specifically focus on Avon By The Sea; they talked about the jail being already overcrowded; law enforcement has no intentions of arresting anyone; that is not what this is about; and if anything, it is to give them a handout. She stated Florida TODAY was quoted about the fact that the jail is overcrowded; and it was the first to say do not put ordinances that are going to add to the problem. She stated the ordinance will give law enforcement the tools to help those folks; and the Board needs something in place to be able to have the criminal activity that goes on in the area resolved. She stated there are two sides to the story; and she is willing to listen to both sides.

Commissioner O'Brien stated the residents of Avon By The Sea should be afforded protection of their property as do residents in all other beachside communities; one enclave is where this kind of ordinance does not exist; the jails are not overcrowded by people breaking the laws in beachside communities; and to go there in the thought process does not have any basis in fact. He stated if that was true, Cocoa Beach would be sending 15 to 20 people a week to the jail and so would Cape Canaveral, Satellite Beach, Melbourne Beach, etc., but they are not; that has not occurred; and with this ordinance in place, it probably will not occur also; however, it is a way to correct the existing problem. Commissioner Colon stated there are Ordinances in place in Cocoa Beach and Cape Canaveral regarding sleeping and camping; and the Board is not doing anything different than what the municipalities have in place.

Camilla Worrell, Attorney with the Florida Coalition for the Homeless, advised the FCH is a statewide advocacy organization dedicated to ameliorating the circumstances of people experiencing homelessness; and they are comprised of individual shelter providers, faith-based organizations, and local governments interested in ending homelessness in Florida. She stated she would like to offer the Board insight they garnered through their collective experiences dealing with these kinds of ordinances. She stated the fact is that Brevard County has homeless residents; and while it may make people uncomfortable to see them, by their very definition, they are forced to perform in public things other people get to do in private, such as sleeping and eating. She stated those types of ordinances do not address the problem of homelessness; they are not going to make them go away; there is cost; the ordinance extends the cycle of homelessness; and it is a cost to the County. She stated homeless people arrested under these ordinances and placed in jail cannot make bail; they are incarcerated and are a drain to an already overcrowded prison system; they will receive the services of a public defender; and at the end of the cycle they plea bargain, are given time served, and are released back on the streets, usually in a much more precarious position than they were in before they were arrested for sleeping in public. She stated what that means is they often lose their identification; an identification for a homeless person is a lifeline; if they lose their identification, they do not have access to their post office boxes and are not able to cash any checks they may get; and there are additional consequences. Ms. Worrell advised a woman arrested for sleeping in her car will have to divulge that on a rental application if she is fortunate in the future to rent a place; and that may prevent her from moving from homelessness into being housed. She stated if a man is arrested for sleeping on the beach, that arrest is going to come up in a background check when he tries to get a job; so those types of ordinances make it harder for people to end the cycle of homelessness. She stated she also wants to speak to the additional costs of any legal challenges that will be mounted for those ordinances; several federal courts have held that it is a violation of the U.S. Constitution to arrest homeless people for conducting life-sustaining activities like sleeping and eating in public when they have no other place to do so; and that is a violation of the 8th Amendment. Ms. Worrell advised Brevard County does not have enough emergency or transitional beds to really adequately offer those people an alternative; they do not have the money to find their own place; they have to sleep and eat and do life-sustaining activities; and the only place they have to do them is in public. She stated another problem, when looking at the combination of ordinances, is that they start to impact a person’s right to travel, which is guaranteed under the 14th Amendment; a homeless person has no private place to do those things, so communities continue to enact ordinances that prohibit them from doing things like sleeping in public; and they have no alternative so it starts to impact their right to travel. She stated putting people in jail at one of the lowest points in their lives will only exacerbate the problem of homelessness and will not address how so many residents of Brevard County have found themselves without a home. She stated other communities have alternatives that provide homeless prevention services or address affordable housing situations to change the number of homeless people; and other communities are taking into consideration that it is cruel and inhumane to send a person to jail when that person has no other place to turn, by adding caveats to their ordinances that prohibit arrest if there are no shelter beds and no place for someone to turn. She implored the Board to consider the impact of this decision on the community. Ms. Worrell advised Section 2 of the Florida Constitution sets forth that no person shall be imprisoned for debts; the Legislature wanted to ensure that poor people would not be incarcerated for not having the ability to pay their debts; and those types of ordinances help to create the new genera of debtors prisons because they make criminals of people whose only crime is they have no place to lay their heads.

David Clarke of Satellite Beach, advised he has been a taxpayer, resident, and voter in Brevard County for 25 years; he is here with a group from St. Mark’s United Methodist Church, which is located on SR A1A in the unincorporated area north of Indialantic; so it would be in an area that has no ordinance at the present time of the type being proposed. He stated he has a personal reason for being here; he is a parent of a homeless person; 14 years ago his son contracted a chemical imbalance in his blood, which poisoned his brain; and he became a bipolar and eventually psychotic and developed a very serious mental illness. He stated despite all he and his wife did for him, and all the times they tried to take him to get medical care, he was in denial and refused care; today he does not know where his son is sleeping; and the last time he was found was in Farmingdale, New Jersey, where a police officer took him to the Jersey Shore Medical Center Crisis Unit. Mr. Clarke advised his son is eligible for Florida Medicaid and New Jersey Medicaid, but it is an expense to the people of New Jersey and the Hospital because it is not fully reimbursed for the cost of treating someone with mental problems. He stated his son did not ask to get the disease; it is regrettable that he did; all the people who loved him over the years could not help him because he would not help himself; so there are people who are put in circumstances that are beyond their control. He stated there are too many Ordinances against sleeping; he thought the right to sleep was a right enjoyed by all residents of Brevard County, all Floridians, and all Americans; but the ordinance as worded prevents them from sleeping and camping. Mr. Clarke stated if the Board and the people of Avon By The Sea are concerned about some of the things the homeless people do while they are getting to and from the beach, the Board might want to consider that such things as using and selling drugs or open containers of alcohol or publicly urinating and defecating on the dunes or sand are already unlawful; so there is no reason to make another ordinance to prevent them. He stated the Board is doing a superfluous thing; it is making no provisions in either of the ordinances to prevent what is happening; sleeping is a right everyone has; and the ordinances, as worded, are not acceptable on humanitarian grounds.

Sue Holaday, Administrative Coordinator of Daily Bread, advised she has been with Daily Brevard for about two years and works with about 400 dedicated volunteers; prior to that she always had sympathy for folks who ended up in a homeless situation, but did not fully understand it; and it has been a life-changing experience for her. She stated there is not a period of two or three days that goes by without people coming into her office and telling her they are in desperate need of shelter; it could be a family sleeping in the woods, a college student sleeping in his van, or a mentally-ill person sleeping in a park; and her stomach turns into knots when they enter her office because she knows from experience that she can be on the phone all day and not find a bed for them. Ms. Holaday urged the Board to spend its energy and intelligence helping them provide alternatives for the homeless instead of criminalizing them. She stated the homeless are the ones everybody forgets about; they are the ones people walk around or cross the street so they do not have to look into their faces; somebody has to help them; and urged the Board to do so.

Commissioner Colon advised the ordinances were not considered overnight; hours and hours of meetings and getting educated throughout the State have gone into trying to solve the problem; and the Board has to be sensitive to the fact that there are three kinds of homeless people--those who definitely need a handout, those who are mentally-ill, and those who are involved in criminal activities. She stated the ones the Board is focusing on are the ones who perform criminal activities; and those are the rotten apples who are messing it up for the other 80%. Ms. Holaday stated she understands that, but sleeping is not a criminal activity. Commissioner Colon stated Ms. Holaday will probably get to hear testimony today and be more sensitive towards the other folks. She stated she agrees with the attorney who said there should be no prison time if there are no beds available; and maybe that can be added as a provision to the ordinance so people will not get arrested for sleeping in public places if there are no beds available. Ms. Holaday stated she would like to see some energy going into providing shelter beds so that providers like Daily Bread do not throw their hands up. Commissioner Colon stated the energy has happened ever since the County got involved in November, 2001 with the Coalition for the Homeless; and she is excited that the Board is starting to head in that direction. Ms. Holaday stated she is hoping for good things.

Stan Walden, President of Avon By The Sea Residents Association, advised they would like to help the homeless and do not want to be mean to them; they just want to be able to have the same laws in the community that the cities have; and if there are grants to help the homeless, they are for that. He stated they want the same protections and respect that the cities provide.

Ginger Ferguson with the WIN Program of the Coalition for the Hungry and Homeless, advised she has been working on the homeless issue for about 12 years through the Coalition; and they have become a service provider of transitional housing because they saw the huge gap in housing and services for those who are homeless in the community. She stated she is thankful this issue has come to light; sometimes it takes drastic measures to realize they have a problem; they cannot solve a problem until they know they have one; and now they know they have one and are willing to work together to resolve it. She stated they all have the same goal of not wanting anyone on the streets with no safe place to lay their heads, especially the children; they need to work together to provide solutions; there are many solutions out there, so they do not have to recreate the wheel; every community in the nation has the same problems and issues facing the Board today; and Brevard County has become known nationally because of this meeting today. Ms. Ferguson stated the National Law Center on Homelessness and Poverty has taken the issue of Brevard County to the nation; the Florida Coalition and all the other coalitions in every state in the union are addressing this issue of how to best serve the homeless and residents in the community; she understands the residents of Avon By The Sea and would not want someone defecating in her yard; and to solve the issue they have to work together as a community. She stated there are Ordinances on the books that will take care of those issues; they need to work with the Sheriff’s Office to enforce those Ordinances; and if that means providing a full-time deputy in the area between Cocoa Beach and Cape Canaveral, they should do it. She stated there are other things that can be done; there are beautiful parks and recreation areas where camping is allowed; but because one family has more than four children, they have to pay for two spaces at the parks; and that means $30 a day for a family with little income. She stated the Board can provide a few free spaces for the homeless families without cost to the County; there are no emergency shelters because people do not want it in their backyards; and there is no zoning classification in Brevard County that allows for emergency shelters other than a conditional use permit that requires a public hearing. Ms. Ferguson stated all the quality of life issues the Board addresses, such as economic development, employment, environment, education, all affect the homeless; they have the same needs, desires, and goals; they have fallen down and cannot get up alone; but they can be helped with a hand up, not a hand out. She stated their program provides all supportive services; they do not give them a phone number to call for help; and they do not stop until they find a solution to the individual’s problem. She stated they have a 97% success rate in taking people out of homelessness and into permanent housing because they use the services that are already in place; they partner with all the service providers; and they work for that one person or one family until they find a solution. She stated they can do it collectively in partnership; they can work with the residents and make an impact; but they cannot do it by being punitive. She stated having a home, food to eat, and basic necessities should be a right not a reward for good behavior.

Chairman Scarborough requested Ms. Ferguson’s thoughts on the alternative ordinance; with Ms. Ferguson responding it is the lesser of two evils and she would support it because she supports the residents of Avon By The Sea since it is on both sides of their community. Ms. Ferguson stated people should not be sleeping on the beach; it is a high tourist area; Brevard County draws a lot from the tourists and does not want to do anything to take away from that; and other alternatives could be space in public parks and a motel voucher program. She noted when they have a family or someone with no place to take them, a voucher to put them in a motel for the night is an alternative that would work.

George McLeod advised he has lived in Avon By The Sea for over four years, and has owned a business for about 15 years, which has been in his family for 50 years; at the meetings he attended with Commissioner Colon and others, including the homeless community, he heard that they are all for solving the problems; but what they need is some help. He stated the petition has 300 names on it; most of those people are permanent residents who live there and use the beach; some of them do business with the tourists who use the beach; and they do not encounter too many families camping on the beach, but the same people all the time who are not typically homeless. He stated most do not go to homeless shelters or would not be allowed in shelters because they use drugs or alcohol; the residents need equal protection under the law as the cities are protecting Cocoa Beach, Cape Canaveral, and others; and they are looking for what the Board can do and not what cannot be done. Mr. McLeod stated they are not advocating the Board lock people up; they pay those taxes also; they are advocating that people understand they have responsibilities for their lives and need to take those responsibilities; and they need help for those people who have chosen not to be responsible. He stated it is not just a law enforcement issue; he could take the Board through an endless litany of things they do on the beach; most are not suitable for a public hearing; but if he sees them committing a crime, he cannot have them arrested because a police officer has to see them in the act in order to arrest them whether it is disorderly intoxication, drug use, defecating or urinating in public, and any number of other things that current Ordinances prohibit. He stated to say it is a matter of law enforcement is an understatement of the first magnitude; that will not work; and those people need to be sent a message that they need to participate in life.

Commissioner Colon advised an attorney suggested a caveat saying if there are no beds available, those folks would not do jail time; she does not want anyone adding to the overcrowded jail, but this is an opportunity to allow law enforcement to call 211 and get someone to a shelter; and inquired if Mr. McLeod would have a problem with that. Mr. McLeod stated he does not want to see a mother with two children go to jail; nobody wants to see that; they have been portrayed in the newspaper as almost fascist; and that is crazy and offensive to them. He stated they come from all walks of life; most of them are not here because they work for a living; they do not live in houses that cost $500,000, but rather $60,000 to $80,000; and they signed the petition because they go to the beach and want to enjoy it. He stated they recognize the beach for what it is, a beautiful place to live.

Greg Mellowe, Executive Director of Florida Coalition for the Homeless, advised he works with Camilla Worrell; the Coalition is a Statewide organization with more than 2,000 members whose job it is to work with and for homeless Floridians; and he had the privilege over the past few years to work closely with folks in Brevard County. He stated this is his fourth visit to Brevard County in 18 months trying to do what he can to support the evolving local efforts to help homeless people; the organization has helped advocate vigorously for Brevard County’s interest in the State funding process and with the navigation through federal funding processes; and they try to watch and be supportive of the good things that have been happening here that will improve life for homeless people locally. He commended the Board for taking an active interest and involving the County in homelessness issues, establishing staff and office dedicated to addressing those issues, and its leadership in those initiatives; and stated that is why he has a hard time understanding how the ordinance fits into all that. Mr. Mellowe stated either ordinance as written threatens to undermine a lot of progress Brevard County has made; as someone whose job it is to monitor what happens around the State, he submits that the ordinance as written is a bad idea for a variety of reasons; and the first reason is that the general public does not support public policy that punishes people just for being homeless. He stated in several recent opinion polls in Florida and elsewhere, respondents have indicated they greatly prefer providing alternatives like shelter and services to arrest and jail; and if the intent of the ordinance is to provide those alternatives, it has to be codified in the ordinance. He noted in his experience good intentions are not enough; it will not happen otherwise; and although the Commissioners have made a lot of effort to make sure people understand the intent is not to arrest homeless persons, someday they may leave office and Commander Clarke may be reassigned and there may be questions of how the ordinance would be enforced at that time. Mr. Mellowe advised implementing and enforcing the ordinance is an inefficient use of taxpayer’s dollars; and communities across the nation have found that the cost of law enforcement, court, and jail far exceed the cost of providing shelters and outreach. He stated the ordinance addresses symptoms but not the root problem; it is not going to solve anything; the real need is for shelter, treatment, and services for homeless people, and outreach people providing non-threatening continuous engagement. He stated research shows those efforts will bring people from the streets and keep them off the streets if they have access to shelter, services, employment, and other opportunities; Brevard County has a capable and competent staff with J. B. Kenna, Gay Williams, and some others who already recognized the problem and started an outreach program and other initiatives; but they need more time to see those things through and expand on them. He stated the ordinance has unintended consequences; children napping in the backseat of a car may be breaking the law, as well as elderly persons and fatigued tourists, if the ordinance is not selectively enforced; and if it is selectively enforced, their experience shows that brings a whole set of other concerns and possibly costs for the County. He stated there is a mismatch between those the ordinance is intended to target and those who actually will be affected by its enforcement; their experience is many people who are intoxicated and performing activities that are of concern have a place to crash; and many people would not otherwise come to the attention of law enforcement now will be breaking the law just because the ordinance goes so far as to target people sleeping in their cars. He inquired if that has been removed in the alternative ordinance. Mr. Mellowe stated the primary violators of the law, the persons most affected, based on data they have from other communities, are homeless children; so they will be the largest segment of lawbreakers; the ordinance is not compassionate and not fair to some of the most vulnerable citizens of Brevard County who need the Board’s help and have no other place to turn for it; and he does not think that is neglecting the interest of Avon By The Sea residents and other residents. He urged the Board to think of a vulnerable moment when a pillow of grace helped much more than a hammer of enforcement; requested the Board reject the ordinance and continue working on the second alternative and rely on its capable staff, local advocates, and experts to develop a comprehensive plan that works for everyone in the community. He stated their organization and the Board’s colleagues around the State can help with that; and they will be very glad to do so.

Freda Schildroth, President of the Space Coast Affiliate of the National Alliance for the Mentally Ill (NAMI), speaking on behalf of Regina Friedland, President of NAMI South Brevard and its 250 members, advised she is a member of the County’s Commission on Mental Health and Community Solutions; and thanked the Board and staff for carefully studying the issue and searching for a solution that is long-term and fair to everyone impacted by homelessness. She stated no one should be subjected to what the residents of Avon By The Sea had to live with, but jail is not the correct place for nonviolent and non-criminal homeless people. She stated permanent solutions to homelessness must address the fundamental causes such as the inability to pay for housing, shortage of affordable housing, and unavailability of treatment for people who have a substance abuse or mental health problem. She stated the County is heading in the right direction; House Bill 2003 of the 1999 Legislative session directed the Department of Children and Families to develop cooperative agreements with local agencies for diverting persons with mental illnesses arrested for misdemeanors from the criminal justice system to the civil mental health system; those agreements are in place; and Circles of Care provided training to the Palm Bay Police Department in 2001 and offered it to other police departments. Ms. Schildroth advised the Palm Bay Police Department has since been trained in and put into place a crisis intervention program; and commended Chief Rumley for his dedication and leadership on the issue. She stated law enforcement currently plays and will continue to play a vital role in the diversion of homeless people from jail; the first point of crisis is with the arresting officer; and he must be trained to recognize the symptoms of mental illness and how to react appropriately. She stated what began as a simple loitering issue could turn into a life or death situation if the person is severely mentally ill and delusional; the next point of crisis is having a place to divert the person to such as a mental health facility, homeless shelter, emergency bed, or transitional housing; and support services must be in place in order for the system to work effectively. She stated the jail is already severely overcrowded with many inmates who would be better served elsewhere; the jail has 384 cells, which were built to house one inmate per cell; the average daily population last year was 1,146 inmates; and the average daily population is projected to be 1,237 for this year. She stated of the 1,237 projected inmates, all except 111 will have a substance abuse or mental health problem; and requested the Board continue to support funding for the services needed to resolve the homeless issue that continues to be detrimental to all Brevard County citizens. She stated many citizens are one paycheck from being homeless; and thanked the Board for doing the right thing for all the people of Brevard County.

Cliff Ray advised he has been a resident of Brevard County for 26 years and Avon By The Sea for about 20 years of those 26 years; and thanked the Board, especially Commissioner Randy O'Brien, for letting Commissioner Colon take an interest in this issue. He stated he is responsible for 80 of the signatures on the petition; he went out and spoke with not only the citizens but also visitors; and the gentleman who took a poll and said the public generally has a compassion and interest and would not want to impose this ordinance on the homeless is not reflecting his experience. He stated not a single person he spoke to refused to sign the petition; and every one of the 80 people have a lot of compassion in their hearts. He stated he has not seen or experienced a homeless mother with children or a family in the area for 20 years; what they have encountered are adult males primarily; one female visits the beach on a continual basis; but it is the adult males who seem to have drug, alcohol, or mental problems. Mr. Ray stated he can relate to the need to help those people, but telling them where to get a free meal and letting them drink, smoke, and go anywhere to sleep is not true compassion. He stated he has a lot of experience with alcohol and drug abuse; his son was hit by a car when he was 14 years old and had severe brain damage; he slowly came out of the coma, but because of that incident, he got heavily into drugs and alcohol use, so he got involved in drug rehabilitation programs for youths 14 to 22. He stated he has a great passion, concern, and love for individuals who do not have the ability to function the way most people do; he learned that they must have structure, discipline, accountability, and goal orientation; and sending a message that the Board does not want to see the homeless on the beaches is not helping them. Mr. Ray stated there was an article in the newspaper about churches running homeless shelters; a group got together and got all the churches to participate and form a temporary sleeping facility for homeless people; and there was such a great response from community churches that each church only had to participate two weeks out of a year to provide housing for those people. He stated he went to Northwind Ministries and spoke to other folks involved in outreach programs; and he is in the book and ready and willing to help. He stated they need to get involved in something like this as a community and address the problem; they do not want to push those people away, but they also want to make the beaches safe for them and their children. He noted neither he nor his wife feel safe; and that should not be the case.

REPORT, RE: CANCELLATION OF EXECUTIVE SESSION

Chairman Scarborough advised there are many cards on the homeless item; there is an executive session scheduled for noon; and inquired if it could be delayed until Thursday.

County Attorney Scott Knox advised it would have to be re-advertised. County Manager Tom Jenkins advised he will call to see if it can be rescheduled for Thursday.

Chairman Scarborough stated there are time certains at 2:00, 2:30, and 3:00 p.m.; Senator Posey is here and scheduled at 11:00 a.m.; and there are executive sessions scheduled for 11:30 and at the end of the meeting.

Commissioner O'Brien stated there may be a solution if all the other speakers who want to speak agree with what has already been said and have nothing new to add, could say they agree or not agree with the speakers or the ordinance, and that should speed it up. Chairman Scarborough stated he would prefer to have the executive session canceled and complete the Board’s business here and not disrupt this public hearing and other public hearings that are going to follow. He requested the County Attorney determine if it can be rescheduled.

Commissioner Higgs stated the attorney will be online at the executive session; with Mr. Knox responding they are in a remote location and have to be called, but his office can call them and tell them to cancel the session. Chairman Scarborough stated it is disruptive today. Commissioner Higgs inquired if they are available on Thursday; with Mr. Knox responding he will check on that also. Chairman Scarborough advised Mr. Knox to check on it immediately.

Kim Kitchins, resident of Avon By The Sea, stated she does not want this issue to be a battle against the homeless; she is more than happy to help the homeless and wants to see them be fairly treated; and she would also like to see Avon By The Sea be treated like Cape Canaveral and Cocoa beach. She stated she does not feel safe walking on the beach at night or in the mornings; that is not fair to her or the people who live around her to have concerns for their safety; and it could decrease tourism in that area due to people sleeping on the beach, their litter under the boardwalk, and what goes along with living on the beach.

Jim Durocher, resident of Avon By The Sea, advised he had no idea there were so many homeless organizations in the area and is glad to have them; he does not understand why some people do not want them to have the same rights as those in surrounding areas; but he appreciates those who see it in a more open light and agree with and understand their problem. He stated he supports Option 2 and challenges the homeless groups to continue and follow through on the issues; it is obvious more beds and spaces for homeless people are needed; he has no objection to that, and expects his tax money to be used for those purposes; and he also expects faith-based groups and churches to open their doors and do their part to help in this matter until the County can get a program and beds needed in place. He stated they do not want anyone arrested; they just want their community back; he has been there 20 years and has seen it get progressively worse; and something needs to be done about it.

Mary Kay Kantz stated a number of communities enacted legislation like Option 1 and found themselves on the unhappy end of expensive lawsuits because it is clear in the laws in Florida, if a person sleeps in public, and an officer says go home to sleep or go to jail, and they have no home to go to, their Eighth Amendment rights are being violated. She stated the communities must have sufficient shelter beds before they can do it; it is clear in Pottinger v. Miami and another lawsuit in Orlando less than two years ago; so it is a controlling law. She stated it is encouraging and delightful to see the Board work so hard to put together an ordinance that will be workable; it is diligent about balancing community interest and individual interest in a reasonable rational way; and requested the Board continue with providing leadership in the ways various speakers mentioned today. Ms. Kantz stated she serves as a Guardian Ad Litem and has firsthand experience working with families being made homeless and having no place to go; a month ago a young working mother made wonderful progress in her recovery but had no place to go with several small children, including an infant under two weeks of age; and DCF and her office tried for weeks to find a shelter, but there was no place until a neighbor opened her home. She stated they do not see the people in the community as enemies; they have to be able to listen to each other and work towards model solutions; and she hopes the churches will take a leadership role and retirees will do elder statesmanship and spend time coming together in study groups to work on this problem.

Carole Pope of Rockledge advised she owns rental property in Avon By The Sea and a place they have used for approximately 20 years; she served in the social services industry for about 26 years; and she tried to serve with compassion and consideration for everybody, but also with regulation. She stated she strongly supports the ordinance; during the time they have owned the property, they did not have problems to the degree it went to after the soup kitchen and attendant thrift store opened, which provided more attractions. She stated people, through the goodness of their hearts, open soup kitchens that attract people to the area; but they are only providing one leg of the stool, the food; now they are here before the Board saying they attracted all those people here to eat and it is the Board’s responsibility to come up with the beds; they are legally threatening the Board to have that responsibility; and she takes issue with that. Ms. Pope stated the same challenge the Board gave her on the historic preservation project, go find the money, should be given to the people who want it and if it is a popular issue with the general public, there must be funds available; and part of it must go back to the groups that are here today. She stated she heard they are working diligently and she commends them for that; however, they need to look at several things; and one is regulation. She stated maybe the Board needs to require concurrency for soup kitchens; if they do not have the beds, they should not be allowed to open another soup kitchen to encourage more people to come to the area. She stated she does not think there is any licensing or regulation of soup kitchens to look at who is opening those kitchens and what type of services are being provided. Ms. Pope stated the gentleman whose son has a mental problem and is wandering around the country may be interested to see mental health counselors available observing when people are really experiencing severe problems that might be of danger to others; under the laws of the United States and Florida, the Board cannot imprison a person unless that person would be a danger to himself or others; and often it is too late. She noted the person who murdered Barbara Barber was eating at the soup kitchen in Melbourne; there was a recent conviction of a homeless person killing another in the area; and she would like to know who those people are for their protection and for hers. She stated she would like to see them identified or fingerprinted; they had a lot of petty pilfering and thievery since the soup kitchen brought more vagrant people into the area; a lot of people tend to accuse them of crimes; and if they are fingerprinted, they could be absolved from those crimes. Ms. Pope stated the soup kitchen and others attracting people should have some insurance over the type of things those people might do; other nonprofits must have insurance to assure the public they are not going to be injured or something; and requested the Board look at all the areas, look at who is bringing the people to the area, what is bringing them to the area, regulate soup kitchens to assure they are providing something for the homeless, see where the money comes from for the beds if they are going to be building those type of shelters, and go back to the groups interested in providing that type of support and ask them to come forward with some solutions other than putting it directly on the County. She requested the Board enact the ordinance because it is not fair to Avon By The Sea residents to have the open season with people sleeping under bushes and in their front yards.

Commissioner Colon advised the residents of Avon By The Sea have gone to Northwind and a lot of places and said they want to help; they need to be commended; as a child she went with her mother to the soup kitchens, when they lost everything, in order to feed her brothers and sisters; so she has been there and done that. She stated because of the soup kitchens and churches, she is able to be here and be a County Commissioner; and that is why she is sensitive to the homeless issue and bringing everybody together. She stated there must be compassion with this issue; and commended the folks who go out and open soup kitchens and the faith community that is coming together to make sure they resolve the problem.

Carl Signorelli of Merritt Island stated he is not speaking for people who are having financial problems and have to use their cars as habitats, he is speaking for the homeless who have no habitat. He stated he has been a member of the National Alliance of the Mentally Ill (NAMI) for over 15 years; people refer to the homeless as hobos or winos, but they are neither; they are people who have no relatives, money, or anyone to help them; and hospitals and doctors will not accept them. He stated many are mentally-ill and cannot help themselves; and they have no roof, no bed, no bathroom, no refrigerator, and no habitat. He stated Commissioner Higgs was willing to spend $90 million a few years ago for the scrub jay habitat; and Commissioner Carlson voted to spend millions of dollars for the endangered species under the EEL's Program; however, once the land is acquired, it just sits there. He requested the Board put all its efforts and energy for the human race and build habitats and hospitals for humans.

Roland Carlson stated he is for the homeless; this item is not about homeless people, it is about beautification; and it is an issue about no compassion and people losing their liberty. He stated the Commissioners are under oath to uphold and protect the Constitution of the State of Florida and the United States; he was not homeless, but the Board is responsible for him being homeless now; and inquired if the Board is leading up to a doorway open for police enforcement and telephone calls to be made to eliminate homeless people for what they cannot prevent. He stated the Board is opening the door to a lot of lawsuits unless it provides places where they can go and provide transportation to those places so they can get there. He stated some are working to get back to where they were; and that will help those people out. He stated the Board made him homeless a couple of months ago; last year he came out of homelessness with government money; that government money is now lost; but he is not lost and is a high-class homeless person because he lives in a vehicle and has air conditioning. Mr. Carlson stated people do not have compassion in Brevard County; the County provides trees and spends millions of dollars for trees provided by the Department of Transportation (DOT); and he thinks DOT also provides money for the jails. He stated this is not a question of jails being overcrowded; the Sheriff does not care and will throw more people on the floor as he has been doing for years; that is an 8th Amendment violation; and what is going to end up happening is he is going to litigate for the homeless people. He stated he was not aware that Cocoa Beach and Cape Canaveral had this kind of a law that is a violation of the 8th and 14th Amendments; and he warned them before that if they did it, he would litigate. He stated litigation costs the County a lot of money; and he does not think the Board has the attorneys able to fight him. He stated he is not a stupid person; he might act stupid, but he is not stupid; he has 20 years of Constitutional criminal law; he knows what is unjust; so the provisions of the ordinance, if put across, will subject the Board to going into federal court on litigation by depriving these people of their 8th and 14th Amendments’ rights. He stated the Commissioners are in office to uphold and protect those rights; and if they do not, they are in perjury of their oaths.

William Allen of Cape Canaveral advised the folks in Avon By The Sea have a serious problem; he knows that because he is on the beach every day and sees the homeless people; the Ordinances of Cape Canaveral and Cocoa Beach do nothing because they are not enforced; and people are sleeping everywhere, but Avon By The Sea is more accessible to people on the beach and creates a bigger problem. He stated the Board has a homeless problem; it is not going to solve that problem with an ordinance; it is a serious problem that needs to be addressed and needs a lot of resources; and there are a lot of good people who are working to help the homeless. He stated he would support Option 2 with the provision the Board designate a certain portion of the beach where people can sleep between 10:00 p.m. and 5:00 a.m., such as a portion of Lori Wilson Park, so police can go to people sleeping on the beach at Avon By The Sea and tell them they cannot sleep there but can go to Lori Wilson Park. He stated there are outdoor showers and bathroom facilities, which are locked at night; but it would be nice for the homeless to have somewhere to clean up. Mr. Allen stated if it is okay for them to sleep in parks on the mainland, on sidewalks, in cars, or whatever, homeless people have no way to get there; if they are on the beach and homeless, it is because they have nowhere else to go; and the Board has to give them a place to go if it wants to get them out of Avon By The Sea.

Commissioner O'Brien stated Mr. Allen did not mention Cheri Down Park in Cape Canaveral where he resides. Mr. Allen stated Cheri Down Park is a city park, and Lori Wilson Park is a County park. Mr. Allen stated the ideal place would be Jetty Park, but that is not the government entity he is talking to; and he would be happy to suggest Cheri Down Park also.

REPORT, RE: EXECUTIVE SESSION

Chairman Scarborough inquired where does the Board stand with the executive session scheduled at noon; with County Attorney Scott Knox responding he canceled one of them and is trying to get the Miorelli executive session scheduled at 4:30 p.m. this afternoon. Chairman Scarborough stated the Board does not have to leave the meeting and go into executive session right now.

Lillian Banks of Merritt Island stated she read an article recently that 28 million American families are struggling to find affordable housing, and the minority ownership lags 20 points below the national average of 67.8%; and the Board is aiding and abetting that trend with growth busting ordinances, high cost permitting, raising of taxes, and like actions. She stated expensive rentals are the direct result; Brevard County’s largest labor force works in service industries; and individuals involved have been priced out of the rental market. She stated without homes for shelter, their only other options are the beach, the woods, or their cars; instead of enacting an ordinance to make it illegal to be in a homeless state on the beach or in the woods, the Board should do something to alleviate the root cause of the problem; and if it does not go to the root, it will never get anywhere. Ms. Banks advised 20 years ago the Salvation Army said it was very concerned about the working poor; that is what the Board has a lot of that are homeless; they cannot afford the rent; and she knows about the rental market, has a rental, and has been in real estate a few years. She stated the Board concentrates on everything but humans; and inquired where is it going to get the money and what is it going to do with it. She stated cooperation between the County and churches could provide a lot of solutions; and the other solution is to use the empty public buildings that have sewer and water to them, and do a barracks type setup where they can live temporarily until they can get permanent housing. She stated if the Board does not start to work on the problem, it is not going to be solved; it knew this 20 years ago; and inquired what has the Board done since then.

Jack Gilbert of Hope Properties, Inc., a nonprofit affordable developer building affordable housing in Brevard, Indian River, and Volusia Counties, advised he supports the second option which addresses criminal activities associated with homelessness; and it will go far in eliminating some of the issues and providing relief for some of the people in Avon By The Sea. He stated a lot of individuals who are homeless are service workers; a lot of them are at 50% or below the median income of Brevard County; and emergency shelter would be the first option, then a transitional shelter, and then into permanent housing as other individuals and nonprofits of the County have done.

Ellen Grogan, President of Daily Bread, stated bashing organizations that provide food and services to the homeless does a great disservice, not only to Daily Bread, but other churches, pantries, and agencies that work together to provide food to the homeless and those who are in need. She stated they are inspected by the Health Department and have to abide by every regulation that a restaurant does; Daily Bread rarely gets cited for any violation; and if it has, it has been minor and fixed immediately. She stated they have worked very hard with the community, Police Department, Veteran Services, and Hope Medical Services to help the homeless so they can help themselves get out of the situation and into housing, have better health, and be good partners in the community. She stated she did not want the gross misrepresentation by one of the speakers who cast the soup kitchens in a very poor light to go un-addressed.

Clarence Rowe of Rockledge stated he rises in opposition to the proposed ordinance; it is important that information he is passing out to the Board have some significant interest; the County lost 300 beds starting February 22, 2001; and since that time, none of those beds have been replaced. He stated 62 emergency shelter beds were lost at the Life Center; 45 were lost at Alcorest in Cocoa; Turning Point lost 66 beds; Academy for Recovery lost 160 beds; and Light of the Lord lost 27 beds for a total of 300 beds. He stated five or six communities have enacted an ordinance--Cape Canaveral, Cocoa Beach, Indialantic, Indian Harbour Beach, Melbourne Beach, and Satellite Beach; it appears there is a problem Countywide; and if this catches on, everybody else will be enacting such ordinances. He stated it is important to address the problem; if there are not sufficient beds, then the Board needs to do something about it; and it lost 300 beds and has not replaced one since February 22, 2001. He requested the ordinance be tabled and the Board support Gay Williams and her staff with sufficient help and funds to make the job happen because to enact an ordinance and do nothing about the problem will not resolve the issue. He stated there are so many white collar crimes with CEO’s borrowing millions of dollars from companies going bankrupt; things are not getting better; and the Board needs to focus on the problem and stop trying to put a quick fix on it. He stated the Chambers of Commerce and other partnerships can do a better job and lick this problem; it will not be done overnight; but there is the intelligence to get the job done; and the Board needs to say the buck stops here, roll up its sleeves, and do what it has to do. He noted people mentioned the churches helping out; and they have always been involved.

Julius Montgomery of Melbourne stated he wants to be a scrub jay to get financing and protection; and requested the Board protect people. He stated he traveled through four counties when his wife was on the Board for Health and Human Services as her driver; they had the worst facilities to deal with people in Osceola, Orange, and Seminole Counties; and government does not do a good job for the people who are not in good shape. He stated Brevard County has the great Space Center and people making lots of money, but for homeless facilities, it is lacking; he hopes Mr. Knox will look into this ordinance the Board is trying to pass because it did not pass in Miami; and in fact Miami was sued and its ordinance ruled unconstitutional. Mr. Montgomery stated Brevard County has shown by what it spends the amount of compassion it has for those types of people; and the Board can find families at Melbourne Library and children playing outside because they are homeless and have no place to stay so they spend all day at the library. He stated he knows the ordinance applies to the beach community, but the Board has to do a better job, which it is not doing.

Gertrude Montgomery advised she has always been an advocate for the homeless since she was on the Health and Human Services Board; it was amazing that it took about five years for the Board and State to recognize the homeless problem; there were no statistics on the children who were homeless; and suggested each Commissioner visit the Coalition for the Homeless in Orlando, which will shake them up. She stated any family at any given time can be one pay check from homelessness; and described several scenarios of homeless situations. She stated it upsets her when people think homeless people are adult bums; it is circumstances that make them homeless; and suggested the Board look into the definition of public property and realize it is wonderful to have a car to sleep in rather than cardboard boxes under bridges. She stated she has people bring their children into public facilities such as libraries to clean them up; they were not in school; and requested the Board work with the State and other local governments to alleviate the problems. She stated it is circumstances that cause homelessness; when they visited the Coalition for the Homeless, a board member was upset because of the children who were there; and stated she hopes each Commissioner would go to the pavilion for the homeless. She stated there is a human element and human rights; those people have rights; and just to live somewhere is important. She stated she hopes the Board will give a lot of thought to the ordinance and deny it.

Kris Heitzman of Rockledge thanked the Board for Option 2; and requested the agencies keep working together to give the homeless people alternatives to homelessness. He stated bashing soup kitchens, fingerprinting individuals before they eat is not the answer to the end of the homeless cycle; and urged the Board to continue to work on this issue and make it a collective effort. He stated the ordinance the Board wants to impose still has kinks that were not worked out; he understands the concern of the residents of Avon By The Sea; but local law enforcement can take care of the criminal activities if they put an effort to it without the ordinance. He stated there is a great faith community effort going on; they have individual efforts going on; and the County needs to help make all this effort come together because it has the resources, people, and a great Commission.

Commissioner Colon stated Option 2 when first sent out was incorrect; and she hopes everyone has the correct copy. Chairman Scarborough recommended Commissioner Colon read it into the record. Commissioner Colon read the ordinance as follows: “An ordinance of the Brevard County Board of County Commissioners creating Chapter 74, Article V, of the Code of Ordinances of Brevard County, Florida, prohibiting sleeping or camping on any beach, dune, beach access, and dune crossover located in the County; providing for exemptions; providing for severability; providing for an effective date. Whereas, the Brevard County Commission desires to supplement existing ordinances regulating inappropriate behavior by persons on public and private property; and Whereas, such existing ordinance provisions include Section 6-2, restriction on consumption, possession of open containers; Section 74-26, the Brevard County Public Nudity Ordinance; Section 78-103, trespass in public parks and recreation areas; Section 222-26, prohibitions on depositing deleterious substances in waters of the County. Now therefore, be it ordained by the Board of County Commissioners of Brevard County, Florida: Section 1. Chapter 74 of the Code of Ordinances of Brevard County, Florida is hereby amended by creating a new Article V to read as follows: Article V. Sleeping on Beaches, Dune, Beach Access. Section 74-90. Prohibition of Sleeping on Beaches, Dunes, Beach Access. (1) Between the hours of 10:00 .m. and 5:00 a.m. the following day, it shall be unlawful for any person to sleep or camp on any beach, dune, beach access (dune crossover), sidewalk, parking lot, street or other publicly owned property located in the County. (2) The prohibition in this section shall not apply to public shelters, public buildings, public recreation areas or public property where the County Commission has authorized camping or overnight sleeping in compliance with rules and regulations established for such a location. No person shall be arrested and imprisoned for a violation of this ordinance unless that person has refused an offer to be placed in a homeless shelter or on public property where the County has authorized camping or overnight sleeping. Section 2. Legislative Intent. The statement of legislative intent attached to this ordinance is hereby incorporated by reference herein. Section 3. Severability. If any portion of this ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of the Board of County Commissioners that the invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared severable. Section 4. Effective Date and Area Embraced. This ordinance shall become effective in the unincorporated area of Brevard County upon adoption and filing as provided by law. A certified copy of the ordinance shall be filed with the Office of the Secretary of State, State of Florida, within ten days of enactment. Done and Adopted this 23rd day of July, 2002.” Commissioner Colon advised that ordinance came from many hours of folks coming together from the homeless advocates, residents, and law enforcement to put it together; and requested Gay Williams update the Board about some of the things that have happened in the last few months.

Housing and Human Services Director Gay Williams advised after the County took over the lead role for the Coalition for the Homeless, it has been successful in a short period of time in bringing in $285,000; part of those dollars went to partnerships with area churches that got together to provide temporary shelters on cold nights; and through the Board they were able to get six outreach workers trained and placed with service providers to make contact with homeless persons so they would know about the availability of services. She stated they did intake procedures and initiated data collection to keep apprised of the numbers located in the County at all times; they made contact with law enforcement agencies so they can providing training and let them know services and provisions already available in the County; and they worked with 211, to do the data collection and become a resource so officers know if they call 211 they would know if beds are available and where they are located. Ms. Williams advised they have been working closely with Northwind Ministries that is providing some services in Avon By The Sea; they provide food not only for the homeless to receive sustenance, but also people who have a home but cannot pay for food; and they allowed the County to place an outreach worker there who will continue to make contact with the homeless population as well as people who need other assistance. She noted they work in the evenings as well. She advised they continue to work with the hospitals, Hope of Brevard, and Daily Bread; they are looking for other resources, not only in the community, but also how to create them; so there has been a lot going on. She stated the Board supported a grant submittal and matching dollars to increase shelter beds, so they can apply for those grants.

Commissioner Colon advised there has been a lot happening behind the scenes that folks sitting here do not have a clue about; Ginger Ferguson and Pastor Sandy have been on top of things because they have been affected and had great concerns over the original ordinance; but she feels comfortable supporting Option 2 because of all the feedback she received. She stated she called Miami and tried to learn what she could from their mistakes; she is not ashamed to say at one time as a child she was homeless because of circumstances beyond their control; but it brought her up to be the woman she is today with the faith she has because she had lived it. She stated people should save it when they say there is no compassion here because there is. Commissioner Colon stated they worked closely with the residents to make sure they put something in place that focuses on what the residents are experiencing right now; the things the folks are experience are not acceptable for the quality of life for anyone; they are afraid to go to sleep at night because of people roaming in the area; and there is a lot of criminal activity going on. She stated they worked with Commander Clarke of the Sheriff’s Department to have an ordinance in place to protect against the kind of arrests they were talking about; but she would like to take it one step further and put a provision in the ordinance that if there are no beds available, there will be no arrest because it would put her at ease to know that her mother would not have been arrested. She stated it is personal to her; people have to give a hand up and have compassion about how these folks are living because it is not acceptable; there is no way it is acceptable to live under a bridge; the residents are hostages in their own homes; the Board has to do something about that; but there has to be a balance. Commissioner Colon stated Option 2 they worked on closely, and she feels comfortable supporting it; and inquired how would that provision be put in the ordinance that if there are no beds when law enforcement calls 211, they can reassure those folks would not be arrested. Mr. Knox advised he drafted the provision Commissioner Colon wanted, which says, “No person shall be arrested and imprisoned for a violation of this ordinance if no homeless shelter bed is available in the County.”

Motion by Commissioner Colon, seconded for discussion by Commissioner Scarborough, to adopt an Ordinance of the Brevard County Board of County Commissioners creating Chapter 74, Article V, of the Code of Ordinances of Brevard County, Florida, prohibiting sleeping or camping on any beach, dune, beach access, and dune crossover located in the County; providing for exemptions; providing for severability; providing for an effective date, as amended to add “No person shall be arrested and imprisoned for a violation of this Ordinance if no homeless shelter bed is available in the County.

Commissioner O'Brien advised the Board had a long dissertation about a whole different group of things this morning, but the threat of suing the County rings hollow to him; Cape Canaveral, Port Canaveral, Cocoa Beach, Satellite Beach, Indian Harbour Beach, and Melbourne Beach all have Ordinances on the books that have been in place for years; and there have been no outcries then nor now about that. He stated not one city has been sued; none experienced costs of lawsuits; and he resents the scare tactics brought before the Board this morning. He stated the verified number of homeless sent to the County jail is miniscule; they do not cause overcrowding of the jail; that is the fact, not some conjured up numbers of theory; and facts speak, but theory does not. Commissioner O'Brien stated people have a right to defecate, but not on the sand or outside a neighbor's window; and people have a right to sleep, but not camp on the dunes or dune crossovers and impede the taxpayer who also has rights to enjoy his peaceful, safe, and healthy life he worked for and invested in. He stated the scare tactic of arresting and imprisoning the homeless is nonproductive rhetoric not backed up with facts; and there were no facts brought to the Board this morning. He stated the Board seeks solutions for all willing partners who may be affected, all residents of Avon By The Sea and other beach communities, and the homeless; Kim Gabriel said the improved economy caused rents to soar; Lil Banks talked about increase in taxes affecting rent as well; and this year the Board is facing a 3% increase in taxes that will affect rent because landlords will pass it on. He advised Brevard County is a tourist community; 23% of sales tax revenue is brought to the County from tourists; without that the County would have to make up 23% of millions of dollars; so tourism is a very important part of the community. Commissioner O'Brien stated George McLeod said it is just a matter of laws on the books, and he is right; the officer must be present and see a person break the law before he can make an arrest; the deputy is not going to sit on the beach and wait; so this ordinance is very important and will give officers a tool with which they can work to better the community and help the homeless. He stated it will make a level playing field and equal protection for beachside residents and create fairness for all taxpayers. Commissioner O'Brien stated Greg Mellowe said the ordinance will undermine what the Board is trying to do; it does not undermine what the Board is trying to do for the homeless; and the Board must consider those who pay for the services as they deserve the enjoyment of their lives also, more so than those who have no stake in the community. He stated equality is an American word; they deserve equal protection and equal treatment as their neighbors in Cocoa Beach, Cape Canaveral, and all the beach communities; and in the proposed budget is a pod in the jail for the mentally-ill. He stated if the homeless can receive proper treatment because they are mentally-ill, they may find that treatment to be an avenue towards reconstructing their lives and hopefully become no longer homeless. He stated Lil Banks talked about solutions; there are many Housing Authorities in Titusville, Merritt Island, Cocoa, and other places; yet in today’s dissertations the finger was pointed at the churches, the County, and the Salvation Army. He stated the Board has not touched upon one of the most important weapons to deal with homelessness for those who lost their homes because their jobs did not pay enough; and the Board has to work with the federal government, through the Housing Authorities, to create more affordable housing via Section 8 and other sections of the law. He stated a couple with two children whose father makes $7.00 an hour cannot afford $550 a month rent, so they live in a car or tent in a park; the Board has to find housing via federal government subsidies through HUD and other avenues to alleviate the problem; and suggested asking the Housing Authorities to make the homeless their No. 1 priority for housing. He noted it will not eliminate the problem because there are homeless people who want to be homeless and do not want to live in a house and sleep in a bed; they are mentally-ill or have drug abuse problems and other problems the Board cannot address today; but for those who can be helped, the Board has to start finding the routes and put in place the things that can help. Commissioner O'Brien stated it is not just the Board or County government; there are many other avenues in place with cities, towns, and counties that have not been taken advantage of, nor has the County communicated with those entities; the Housing Authorities are asking how can they alleviate the problem; but the County has to reach out and touch them and say create affordable housing for those people. He stated it is not just shelters, beds, or meals; it is a real place to live, a job, and a bed of their own; if it is not, the Board should redefine its goals towards mental health, drug rehabilitation, and education. He stated the Board needs to diligently seek out the failures of affordable housing; Melbourne is the most affordable area in the nation, but it has homeless people; and inquired what is wrong with that picture. He stated Brevard County has the fourth lowest taxes in the State, but it has homeless who cannot afford a house or apartment; and inquired what is wrong with that picture. He stated the Board needs to do what it has to do, take the first step forward, reach out and help; and he will make a motion to direct staff to seek beyond Brevard County government where dollars are and create affordable housing to solve part of the problem and to find outside of the County funds for mental health services, drug and alcohol rehabilitation, and services for other problems that are some of the root causes of homelessness.

Motion by Commissioner O'Brien, to direct staff to seek beyond Brevard County government dollars to create affordable housing to solve part of the problem, and funds for mental health services, drug and alcohol rehabilitation, and services for other problems that are some of the root causes of homelessness.

Commissioner Carlson advised Clarence Rowe brought to the Board’s attention some of the recommendations regarding the Commission on Homelessness and identified various points; and inquired if the County has a plan of the things it is going to do; with Ms. Williams responding she did not see what Commissioner Carlson is talking about, but they do have a plan. Commissioner Carlson stated it is from the workshop of Continuing Care. Ms. Williams stated they are implementing a plan; they went through a workshop with the homeless and established some of the goals; and most of those goals have been attained. Ms. Williams stated one of the biggest goals was to put in a homeless information system so they can make sure, through the Continuum, that people are identified and hooked up with services throughout the County. She stated they have a plan; they are continuing to implement that plan; and they look for alternatives and continued solutions to what they know exist. Commissioner Carlson inquired if Ms. Williams is saying through the plan the County can provide viable alternatives to homelessness; with Ms. Williams responding that is correct. Commissioner Carlson inquired if staff can prove that is the case and are they also putting together policies and procedures for law enforcement to deal with homelessness; with Ms. Williams responding what they have been doing is contacting other enforcement agencies that have tackled this particular situation and are trying to pull them in to do the training; and they have gotten acknowledgments from other municipalities and law enforcement agencies that they are willing to participate. Commissioner Carlson inquired if the policies and procedures will come back to the Board for discussion; with Ms. Williams responding staff has not anticipated bringing them back, but if that is a direction, they will follow it. Commissioner Carlson stated the only reason she brought it up is the memo to the Board from Ms. Williams regarding background information and a comment about discussing Pottinger v. City of Miami settlement; and she was not sure if staff was looking at Option 1 and not 2 in the memo. She stated it says, “after discussion with local law enforcement representatives and staff, the County Attorney advised the ordinance as submitted to the Board would likely be valid on its face; however, implementation and enforcement of such an ordinance would be problematic. . .,” absent the two issues she questioned, which are whether or not staff had an actual plan that provides the viable alternative and also the availability of policies or procedures that would allow law enforcement personnel and social service agencies to coordinate utilization of identified alternatives. She inquired if Ms. Williams feels comfortable saying the County has those two items; with Ms. Williams responding she feels comfortable saying they are establishing that plan; they have a plan they have been working on; and that is the plan established through the homeless workshop. Ms. Williams stated they are also working on additional things and an additional plan that will consider information they receive; so she feels comfortable saying they are working on a plan and have been working with a plan. Commissioner Carlson stated she appreciates the work Commissioners Colon and O'Brien have been doing; it would be helpful for the Board to refer to a report of some sort that is a comprehensive update of what they have been doing because they all know they have the collective intelligence to solve the problem; and it needs to be known publicly that they are doing things. She stated the County tends not to put it down on paper so the Board can support the things it agrees doing; but she will support the motion.

Commissioner Higgs advised Commissioner O'Brien mentioned a motion subsequent to dealing with the ordinance that the Board needs to do some strengthening of partnerships with the federal government; in that she would support him fully; she is particularly concerned about vouchers in regard to Section 8 and how many may be available in the County and what the Board can do to enhance those; so she supports that and wants the Board to pursue that aggressively. She stated looking at Option 2 that has been drafted and presented to the Board, the titles of Article V should be amended and also Section 74-90, which talks about prohibition of sleeping and camping on public property. She stated the essence of the ordinance in Option 2 is that it is not on public property; and the titles should reflect what is in the two sections, which is prohibitions on camping and sleeping on beaches, dunes, beach accesses as opposed to just public places, so there are no inconsistencies between the titles and what is in the ordinance. Commissioner Higgs stated she is concerned about adding a phrase that there will be no arrest when there are no homeless beds available; and requested the County Attorney explain that provision. She stated she understands the essence of it and certainly knows what the Board is trying to do; she supports its efforts to provide services; but inquired who is going to measure that; who is going to monitor that; how is an officer on the street going to know those items; and where does that put the Board. Mr. Knox advised if the 211 Program works the way it is suppose to work, an officer who comes across one of the situations would call the number and find out if there are any beds available; and if not, he does not arrest the homeless person. Commissioner Higgs inquired if they are equipped and ready to answer that question; with Ms. Williams responding yes, they are. Ms. Williams stated they have been working with all the providers and shelters; even if they do not call, the outreach worker makes the call and reports those numbers to 211; and they have them available. She stated part of the request staff made in the report provided to the Board was to authorize a letter to be sent to law enforcement so they would continue the support and help in coordinating policies, procedures, and processes they are using in the County. Commissioner Higgs advised by the census count, there are 2,000-plus homeless persons in Brevard County; the Board knows it does not have 2,000 beds, so it knows today that provision it is talking about inserting would basically leave a law enforcement officer in the position of saying he can do nothing; consequently she is a little torn about it. She stated she understands what the Board is trying to do, but she also understands if it includes that phrase, it basically negates what it is talking about doing in the first place; and requested help to understand what it would do.

Chairman Scarborough inquired if the ordinance only applies to beaches and dunes, would homeless people in every other area not be violating the ordinance; with Commissioner Carlson responding the criminal element is already taken care of by law enforcement if there is a criminal element there; so all the Board is doing is protecting the rights of those who live in Avon By The Sea and those hopefully it potentially can get help for who need help and do not have criminal intent.

Commissioner O'Brien stated the ordinance is a tool that law enforcement can use if there are continuing problems; the Sheriff and deputies said their intent is not to round up every homeless person and put them in jail; and if the Board diminishes what it started to do, it would have stopped effectively what it is trying to accomplish and that is to solve the homeless problem. He stated it can solve the problem in other ways through social economics. He stated he is concerned about the addition of the phrase even though he understands it is compassion; but in reality it is unnecessary and diminishes the power of the deputy who may have to take action.

Commissioner Colon stated it puts law enforcement at ease because they are just as frustrated as the lawmakers; the Board puts out ordinances and they have to carry them out; so one of the things they want is what the Board is doing right now, for there to be in writing that there will not be an arrest for someone who continues to be there if no beds are available. She stated it is protection for the deputy who has to memorize hundreds of Ordinances; it gives him a tool; the jail is too overcrowded; this is not about putting anyone in jail; and adding that phrase allows law enforcement to go to someone who is homeless and put that person in touch with 211 to use the resources. Commissioner Colon stated there is nothing in place right now that would allow that type of dialogue between law enforcement and homeless advocates; it is like a blessing in disguise because it was not on the radar of the County until the discussion came in from Avon By The Sea; and by putting that phrase in place, it gives the sense of what everyone is concerned about, including law enforcement; and that is if there are no beds, they do not want to put those people in jail.

Commissioner O'Brien stated law enforcement officers are not stupid; they have two years of college and are highly trained and highly skilled; and if they see a homeless person on the beach or crossover sleeping, etc., the only reason a deputy would arrest that person is if the person deserves to be arrested. He stated if they have drug abuse or mental illness, they will receive help; if they have to call out for a bed that is open someplace and that bed is in Melbourne, a person in Cape Canaveral cannot walk to Melbourne; but he does not think any deputy wants to arrest a person solely for being homeless.

Commissioner Higgs stated the County does not have sufficient beds; the Board knows there are more homeless persons than they have beds for; that is documented; now it is putting a phrase in the ordinance that says they cannot arrest someone if there are no beds available; and inquired what is the implication of adding that phrase. Ms. Williams stated maybe Mr. Knox can comment on that, but she believes the language would go a long way in mitigating any possible lawsuits and provide an additional alternative. Mr. Knox advised the language works as long as there are no beds available and has no impact if there are beds; if there are beds available the language renders the ordinance meaningless; however, in the course of discussions, he came up with something that gets more to the issues Commissioner Higgs is raising. He stated he would add, instead of what was proposed, “No person shall be arrested and imprisoned for a violation of this ordinance unless that person has refused an offer to be placed in a homeless shelter or public property where the County authorized overnight camping or sleeping.” He stated that way if the Board created areas where homeless people can go, and they are some place they should not be, they can be asked to move on to another place.

Chairman Scarborough stated that is okay with him; and inquired if Commissioner Colon wants to move the alternate motion; with Commissioner Colon responding affirmatively. Commissioner Higgs inquired if the title will be changed; with Chairman Scarborough responding yes.

Chairman Scarborough called for a vote on the motion as amended. Motion carried and ordered unanimously.

Chairman Scarborough inquired if a law enforcement officer approaches someone sleeping on the beach, and if he is unable to make an offer to transport that person to a shelter, is it true that he does not have the authority to make an arrest; with Mr. Knox responding that is right.

Commissioner Colon thanked everyone who worked so hard on the ordinance, the residents who were willing to compromise to protect their neighborhood, and all the homeless advocates and faith community that came together. She stated it is a win/win situation for everyone.

Motion by Commissioner O'Brien, to direct staff to include in the plan and report to the Board what actions the Board should take to strengthen the partnerships and direction the partners should be taking.

Commissioner O'Brien stated it is not just what the Board should do to strengthen it, but what it should be doing that perhaps it is not doing; and the Housing Authorities should provide new affordable housing for homeless placement. He stated the Housing Authority was able to borrow $50 million and build affordable housing years ago; he has not heard of them doing that in years; and he would like to know why they have not accomplished that and how they can improve the use of vouchers in Section 8. He stated the Board may have to enter into an arena that is not its arena, but the Housing Authority’s arena; however, the Board may have to step in and say there is a problem and urge the Authority to fix the problem.

Chairman Scarborough stated he can support the motion, but he and others, including Freda Schildreth went to McClenney and asked when people leave there, where do they go; and they said a lot become homeless. He stated the idea that everybody is going to walk out of this environment and have a home and good job is unrealistic; there are people who have a chemical imbalance; and the critical point is once they have a police officer who has the ability to say come with me, they are not just put in a bed. He stated if it is someone marginally employed who needs assistance because he lost his home because he missed a payment, or someone mentally ill, or someone with drug and alcohol problems, he would appreciate the ability to direct them to assistance in a meaningful way be part of the motion.

Commissioner O'Brien stated that is his motion and direction to staff; and Commissioner Scarborough seconded the motion. Motion carried and ordered unanimously.

Commissioner O'Brien stated staff has investigated decrease of another pod at the jail for drug alcohol and mentally-ill problems; the Board authorized a physician availability 24 hours a day, 7 days a week; and the laws have changed so that deputies are authorized to administer medication to those who are on medication and need it.

Commissioner Carlson stated in the memo she referred to earlier, there were suggestions to the Board as far as expediting some grant processes to aggressively pursue the opportunities that are out there for reducing homelessness; and one thing Mr. Lusk suggested is that the Board give authorization for the Chairman to execute grant applications and contracts that did not require cash match, contingent upon the County Attorney and Risk Management’s approval. She inquired if that should be put in the form of a motion so staff can expedite some of those things; and stated if they require cash match, they would come back to the Board.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to authorize the Chairman to execute grant applications and contracts that do not require cash match, contingent upon the approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

PRESENTATION - SENATOR BILL POSEY, RE: POST LEGISLATIVE BRIEFING

Senator Bill Posey expressed appreciation to the Commissioners for taking the time and giving the previous speakers respect despite some of the comments that were made; stated he is grateful to all of them and appreciates what they do; and thanked the Board for inviting him and Mr. Spearman to discuss the legislative session. He stated the last time he did this, they did not have Carol Laymance, so it was the first update the Board received; now with Ms. Laymance on board, some of what he has to say will be anti-climatic; but he will try to be County specific and not give the Board a broad brush of what happened in the Legislature. He stated Chairman Scarborough was supportive as they went through the process; he set a new record for sending thank you letters and notes; and they appreciate it and the encouragement. He stated it was a tough session, not only dealing with normal opportunities to solve problems, but they suffered financially as a result of September 11; they had a voter-approved reorganization of the Cabinet that was contentious; and the reapportionment process was more contentious than any other subject he has dealt with in over 20 years of public service. He stated about 4,000 bills were filed and probably 40,000 amendments that do not include budgetary items. Senator Posey advised the important issues are: (1) Max Brewer Bridge; they received $3 million due to the efforts of County Manager Tom Jenkins and Public Works Director Henry Minneboo; they met the Senate President a couple of years ago and made it clear they needed funding for that bridge; their job was to keep reminding the President he made the commitment to Messrs. Jenkins and Minneboo; and although they would like to take more credit for it, that is how it got in the budget. He stated they got together and worked the Governor to bring it in for a landing; and it did escape the veto pen. He stated (2) is Beach Restoration, which was funded at a little over $3 million to restore, protect, and maintain Brevard shorelines; that was the full amount they requested; and he knows that was a high priority with the Board. He stated (3) is Drug Court; early in the process they were shut out completely on that; they could not get it in the budget; Representative Needelman took the lead and all the delegation made calls, wrote letters, begged, and persuaded; and it ended up with $360,000 to help focus on intensive supervision and counseling that program affords. Senator Posey advised (4) is the Indian River Lagoon initiative to clean up the estuary; that was funded again for $575,000 and was worked hard by Senator Futch and Representative Needelman. He stated (5) is Juvenile Justice Assessment Center; and Representative Needelman and Senator Futch filed for and obtained $210,000 for the continued operation of the Assessment Center. He stated (6) is Spaceport Transportation Project Modification; this was to widen the road and raise the power line so they can get equipment in to help the SERPL Project that Representative Ball championed for so many years and succeeded; and Representative Allen and Senator Futch headed up the efforts to bring in $600,000 for those improvements that will ultimately affect all constituents. He advised (7) is the Healthy Kids Program; over the years the Board had a high priority to eliminate the local match on Healthy Kids; he filed a bill to eliminate the match this year; but with the funding crisis the Legislature was in, they were unable to do that. He stated he was successful in renegotiating the formula; and the match, which was historically in the area of $150,000 a year, will be $17,000 this year; so they are moving in the right direction. He noted (8) is the Max Brewer Library; the Board asked the delegation to file a bill to facilitate the recodification of the Florida Statutes on that; and Representative Ball sponsored that in the House and it passed. He stated (9) is the Port St. John issue; Senator Futch and Representative Ball filed a bill to let the citizens of Port St. John determine their ultimate destiny of whether or not they want to incorporate; and that bill passed. He stated (10) is the Enterprise Zone in Cocoa; he could not get the bill passed; he had a lot of problems this year in Tallahassee and had to take a lot of unusual actions because he had opposed the sales tax; and although they did not get the bill passed, they were able to get an amendment on another bill with Jerry Sansom’s help; so they will have an Enterprise Zone in Cocoa. Senator Posey advised Dixie Sansom, who represents the Port, brought to their attention during the legislative session that their business people at the Port could not get windstorm insurance because nobody would underwrite it; so a bill combined windstorm and general; and he did an amendment and redefined the entire legal description for the State to include Port Canaveral and now those people will be able to get coverage in the process even if they have a catastrophic loss from hurricanes. He stated it created a citizens insurance corporation basically for the State and combined the windstorm to an underwriting association; Commissioner Gallagher has been pursuing it for some time; one of them has members on the board from the industry and one does not; and people said the IRS would never approve it, but surprisingly the IRS did approve the merger and approved a tax exemption for the merger, which will save Florida citizens $80 million a year in taxes that it had to pay on premiums paid by the residents who could not get insurance anywhere else into that fund so it would ultimately offset. He stated the companies wanted $40 million increase this year; it will duck an insurance cost of $80 million a year, which would be like a two-year increase; and that is how significant that is in the event of a loss. He stated the Legislature said it is prepared to cover a $10 billion loss if it should have another Hurricane Andrew hit the State; but they do not have that money in the bank; they have about $1.5 to $2.5 billion at any one time; and they have legal authority to issue bonds to raise the rest of the money and make bank loans to pay the losses and repay them with premiums in the future. He stated that is not $10 billion in the bank to do that; and by the time they would float those bonds, the tax liability to the State was $2.5 billion; so out of a $10 billion hit, they would pay the federal government $2.5 billion in taxes. He stated that liability has gone away with this letter that the Insurance Commissioner got; so they are 25% better off in the State to handle a catastrophic loss by an act of nature than they were a year ago. Senator Posey advised (11) is the Citrus Canker Bill, which now affects Brevard County; the causes, effects, and solutions were covered by Florida TODAY; they have the same problem in Brazil; even though the citrus industry is a $9 billion dollar industry in the State, it is more important to Brazil than to Florida; they tried everything; and they realized there is no alternative except the 1,900-foot cut zone to eradicate citrus canker. He stated if they do not do that, ultimately every tree in the State sooner or later will succumb to the disease; and it will be a terrible financial hit to the State should that happen. He stated (12) is Child Care; Representative Allen and Senator Futch filed a bill requesting $1.3 million for the Child Care Association of Brevard, Inc.; they got $100,000 passed, but it was vetoed by the Governor; and the Department of Health and Human Services said it would pick up the responsibility as part of its function. He advised (13) is the FRS Rate Reduction; when the bill came through, it said that counties will probably save about $104 million Statewide in contributions at a lower rate for having to pay less for employees; he has not seen the breakdown of how that affects Brevard County; but he is sure Mr. Jenkins has a clue of the extra revenue for Brevard County. Senator Posey advised (14) is Transportation Funding; the matrix Ms. Laymance prepared for the Board does not reflect the funding for transportation projects such as four-laning of SR 520, which they had the groundbreaking for on June 20, 2002; and ultimately that will be an $80 million improvement project for the County. He stated Representative Ball also got almost $3 million for improvements to SR 46. Senator Posey advised central to the passage of all the appropriations in the House was a unified delegation and they did work well together; he does not want to short Representative Haridopolis; although he did not file a specific funding request, he was a rock solid supporter of every single appropriation that came to Brevard County; and the delegation is grateful to him for his help. He stated also central to the passage of almost every appropriation in the House was Representative Ball; when the Speaker was not in the room, he trusted the chamber to Representative Ball; and unfortunately he will be leaving due to term limits. He stated his hard work and integrity made him a respected and power member of the House where he served his constituents with honor, dignity, and effectiveness; and the delegation will deeply miss Representative Ball and hopes to see his name on a ballot around here somewhere soon. Senator Posey advised they have other appropriations that are more general, but those are the high points; he has seen the FAC package given to the Board, and it is very comprehensive. He stated as a broad brush, it talks about specific amounts addressed by agencies across the board for County funding; and after the November elections, when they know exactly who will be members of the delegation, they will need to schedule a workshop and more formally prepare for the 2003 session. He noted in the meantime, they need to ensure the funding priorities of the Board to the greatest extend possible are included in the various agency budgets; and on behalf of the entire legislative delegation, they are thankful for the Board's support. He stated they know the Board’s job is not easy; they appreciate the service, letters, technical data, and especially the professional assistance of its staff; and if there is any time for questions, he will be glad to answer them.

Chairman Scarborough advised Enron and World.Com affect the pension for County employees; and the Board would appreciate being kept informed so its employees will be fully informed. He stated it is one of those things that hardworking employees are very concerned with; and he does not know if Senator Posey wants to touch on that today.

Senator Posey advised he does not know the extent of World.Com yet or how much the State had invested in it; he knows in Enron, Florida was a State that held some of the largest blocks of any state; it is the fourth largest state and has the first or second largest retirement system; and even though it is several hundred million dollars, it is not a blip on the radar of a multi-billion dollar retirement system. He stated nonetheless, they were chagrinned when everyone was selling and their consultants were telling them to buy; so they have undertaken an investigation, and some subpoenas have or will be issued to get to the bottom of it because they do not feel that they got the best service from the State’s advisors on that matter; and if there is a remedy, they intend to pursue it.

Commissioner Colon requested Senator Posey take back to the delegation how thankful she is for a delegation that has been very receptive to find out what the local needs are. She stated Representatives Needelman, Allen, and Haridopolis have contacted her office, met with County staff numerous times to find out what is needed at the grassroots level, and she wants to tell them how thankful the Board is. She stated it has been a positive experience to bring those dollars back to the community. Senator Posey stated they went up there with half their team being freshmen, but they came into the game really well; they matured very fast; and they met the challenges. He stated he will bring Commissioner Colon’s comments back to them. Chairman Scarborough stated the Board is pleasantly surprised with the appropriations considering it has been a very tough year.

PUBLIC HEARING, RE: REQUEST FOR DETERMINATION OF VESTED RIGHTS BY
DOUGLAS REIHL

Chairman Scarborough called for the public hearing to consider a request by Douglas Reihl for a determination of vested rights.

Douglas Reihl advised he purchased the property in 1999 and was told at that time he could build there; in March 2002, he went for a building permit and was denied because the Board changed the law last year; he lives in Lake County and did not get the information on the change of the law; so he should be granted vested rights because he was not notified.

Planning and Zoning Director Mel Scott advised notices went out to owners at the time; and the 4 G’s would have received the notification, not Mr. Reihl. Mr. Reihl advised he was under contract to buy the property.

There being no further comments or objections heard, motion was made by Commissioner Colon, seconded by Commissioner Scarborough, to approve Douglas Reihl’s request for a vested rights determination to allow him to pursue a building permit for the property, which has no access to a County-maintained and accepted road. Motion carried and ordered; Commissioner Higgs voted nay.

The meeting recessed at 1:12 p.m., and reconvened at 2:06 p.m.

DISCUSSION, RE: REPAIR OF SEAWALL IN FOUNTAINHEAD SUBDIVISION

Road and Bridge Director Billy Osborne advised the seawall was apparently constructed in the early 1970’s as part of Fountainhead Subdivision; at that time it was in the City limits of Melbourne, which was Eau Gallie then; in 1971, Brevard County assumed maintenance responsibility of the L7 canal, which was part of Crane Creek Drainage District, when the Florida Legislature abolished the District; but it was not permitted by Brevard County. He stated it was constructed with the development of Fountainhead Subdivision and with acknowledgment of the City of Melbourne; and the County has not maintained the seawall except in 1995 after Hurricane Erin because the wall was failing and it was necessary to be proactive in maintenance of the seawall to prevent further failure that would cause erosion of the lots.

Kathy Nanocchio presented a packet to the Board but not the Clerk; stated her home backs up to Crane Creek Drainage Canal that runs along Wickham Road; the seawall along the canal is deteriorating and is on County property; but she has been told by the County that it is the homeowner’s responsibility to have it repaired and there was no benefit to the County to repair it. She presented pictures of people fishing from the seawall; and stated on many occasions she saw young children fishing from the wall; children will go to the most dangerous part of the seawall and stand on it; and when she mentioned it to the County, she was asked how did they get there. She stated that is beside the point; and inquired what would the County say to the parents of a child who is injured when he falls into the canal; and will it tell the parents it did not feel there was any reason to have the seawall repaired. Ms. Nanocchio stated the canal belongs to the County; the County needs to make the necessary repairs to maintain its property; and it is becoming increasingly more difficult to maintain her property because it is so dangerous along the seawall. She stated she has a letter from Keith Alworth dated 1996, which is also in the packet; it is a response to a request to put their fence on County property; it reads, “Dear Mr. Nanocchio, this letter shall serve as permission for you to install a fence within the 20-foot setback on Louvre Drive in the Fountainhead Subdivision. Please keep in mind to stay a safe distance from the seawall so as not to damage it. Any damage to the seawall due to the fence installation will be your responsibility. Also, if for some unforeseen reason the Road and Bridge Division will ever need to access the easement, we reserve the right to remove whatever fence is necessary.” She stated the County was very worried about the seawall at that time, not wanting her to damage it when she put in her fence; but now that she is calling and saying the seawall is a hazard, she has been told it is not the County’s concern. Ms. Nanocchio stated also attached from the Laws of Florida, Chapter 71-547 is House Bill 1502, and it is highlighted and reads, “An Act relating to Brevard County, Florida, abolishing the Crane Creek Drainage District; providing for a transfer of all records, funds, and real and personal property to Brevard County.” She stated Section 4 states, “All right, title, and interest of the District in any land, easement, railroad right-of-way, bridge structure, slough, reservoir, holding basin franchise, drainage ditch, canal, floodway, or excavation shall be vested in Brevard County, Florida.” She stated it is something that needs to be looked at further; it is very hard to maintain their property because it is dangerous for them to be back there; her husband and she, on occasion, have not mowed back there because it is so dangerous; and it needs to be addressed by the County Commission.

Gayle Ufnar read a letter from Scott Ellis to provide backup and give the Board the history of the seawall and repairs, and who took responsibility, because she is the homeowner whose seawall was repaired. She read, “In 1995, Hurricane Erin flooded much of Eau Gallie, Melbourne, and West Melbourne. Thanks to D.E.P. block and L-7 canal done back in the late 1970’s, the L canal overflowed its banks and flooded part of the Fountainhead Subdivision.” She stated the night of the flooding, Melbourne Public Works came across the Airport property with equipment and cut the dike out of the canal; and the water rapidly drained out the lateral to Elbow Creek. She stated her husband later called Mr. Ellis out as the seawall had begun to cave in; Mr. Ufnar had the only recognizable seawall faults as of 1996; and in checking County records, it turned out that the seawall was not on private property but in a Brevard County right-of-way. Ms. Ufnar stated utilities running behind the homes were not in a utility easement, but instead in an actual 20-foot right-of-way from the edge of the water; therefore, the seawall is as much County property as a sidewalk would be. She stated the County agreed to repair the seawall and the repair was undertaken; she recommended the County vacate the right-of-way and maintain a utility easement for the power poles, and once vacated, there would be no question as to who owned the seawall and who would be responsible for its maintenance; unfortunately, the property was never vacated by the County. She stated she is unsure of the original exchange between then Commissioner Wickham and the Fountainhead developer Mr. Donovan; she believes various barter agreements were made for expansion of the L-7, movement of the shell to the original Wickham Road roadbed, realignment of Wickham Road to leave Mr. Donovan commercial properties on the east side of Wickham Road, and the seawall installed within and not abutting L-7 canal right-of-way. Ms. Ufnar stated Mr. Donovan’s son Mike remembers various tradeoffs were made, but did not remember exactly who paid for the seawall or why; she talked to the parties in 1996, and that was the best she could get; and she believes the County agreed to do the seawall in a series of tradeoffs, but could find no historical documentation of that. She stated as a homeowner whose property was fixed, she is grateful, but going back to the essence of whose property it is on, they had their property surveyed and their property line stops before the 20 feet going to the seawall although they maintain landscaping on that property so that it does not interfere with their property value. She stated it is considered the County’s property according to the letter from Mr. Ellis; and he did recommend the County vacate it, but they chose not to at that time.

Chairman Scarborough inquired if Mr. Knox wants to comment on the Florida Statutes referenced by the speaker; with County Attorney Scott Knox responding under that Florida Statutes, the County acquired all the assets of Crane Creek Drainage District, so the question would be whether or not this seawall falls within the right-of-way and constitutes an asset of the County. Chairman Scarborough stated the law says it is now the County’s; with Mr. Knox responding it says the assets came to the County, but whether the seawall is an asset or not, he cannot tell the Board without doing some work on who owns it.

Public Works Director Henry Minneboo stated the only thing he can relate to were comments made in Keith Alworth’s letter; Mr. Alworth was trying to articulate that the County did not want to damage any part of the ditch right-of-way; and as far as vacating it, the Board’s position is not to vacate land next to water or tributaries, and the L-7 canal is a strong maintenance issue to the County as well as an area that frequently has to be maintained.

Chairman Scarborough stated the request is to repair the seawall; his initial thought is the County cannot repair private property; the Attorney General’s opinion reiterated that; and inquired if the seawall belongs to the County; with Mr. Knox responding he does not know the answer to that; if it is within the Drainage District’s assets or right-of-way of the Drainage District, then it would be the County’s seawall. Mr. Minneboo stated it is in the legal description of the L-7 canal, but when they built Fountainhead, they extended the lots further into the ditch; and at that time it was satisfactory, but now with problems existing, it makes it a different issue. Chairman Scarborough stated the County cannot repair it until it legally can; and maybe it is not prohibited under the law.

Commissioner Higgs stated if it is the County’s seawall, one issue the Board has dealt with since 1996, is trying to find ways to increase the storage of water upstream; and if that 20 feet is the County’s, staff needs to investigate the possibility of expanding the L-7 storage capacity instead of putting in more seawalls and just sloping the bank there. She noted it seems like the County has a lot of property if the right-of-way belongs to the County. Mr. Minneboo stated with the problems they had in Fountainhead during the summer storms, it would be an excellent idea and an opportunity for staff to take back the 20 feet that is there and modify the characteristics of the canal. He stated if they can double the capacity, they could do that with the additional 20 feet; and it would be a strong option to look at. Mr. Knox stated given Mr. Minneboo’s representation that it lies within the right-of-way, even though the County may not have built it, if the child in the picture were to fall off and hurt himself on rebar, the likelihood is great that the County would be sued for that as well as the property owner. He stated from that standpoint, whether there is a public purpose to fix, repair, remove, or do something to the seawall, the County could probably find a public purpose if that is what the Board wants to do.

Commissioner Carlson stated based on that comment, it sounds like the Board could take the seawall out with the intent of looking into enlarging the area for more capacity. She stated there is a possibility it is a danger because it looks like it is dilapidated and falling in as it is. Commissioner Higgs inquired if the Board needs to do a title search or some other legal method; with Chairman Scarborough responding it can refer it to staff to come back with where the Board goes from here and best practices if that is okay with Commissioner Colon; with Commissioner Colon responding yes.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN HARBOR PINES SUBDIVISION - JAMES AND ALAINA METZLER

Chairman Scarborough called for the public hearing to consider a resolution vacating public utility and drainage easement in Harbor Pines Subdivision, as petitioned by James P. and Alaina L. Metzler.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution vacating public utility and drainage easement in Harbor Pines Subdivision, as petitioned by James P. and Alaina L. Metzler. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN BANKER’S
RESERVE PROPERTIES, INC., FIRST ADDITION TO MICCO - LEONARD HEARNDON

Chairman Scarborough called for the public hearing to consider a resolution vacating rights-of-way in Banker’s Reserve Properties, Inc., First Addition to Micco, as petitioned by Leonard D. Hearndon.

Road and Bridge Director Billy Osborne advised the petitioner is working with the property owner to the south to provide access, and requested continuation of the hearing to August 27, 2002.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to continue the public hearing to consider a resolution vacating rights-of-way in Banker’s Reserve Properties, Inc., First Addition to Micco, as petitioned by Leonard D. Hearndon, until August 27, 2002. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
BAREFOOT BAY, UNIT ONE - ABBOTT MANUFACTURED HOUSING, INC.

Chairman Scarborough called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit One, as petitioned by Abbott Manufactured Housing, Inc.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit One, as petitioned by Abbott Manufactured Housing, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN SUNTREE PUD, STAGE 5, TRACT 55 - MARK AND LYNNE BAKER

Chairman Scarborough called for the public hearing to consider a resolution vacating public utility and drainage easement in Suntree PUD, Stage 5, Tract 55, as petitioned by Mark D. and Lynne O. Baker.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution vacating public utility and drainage easement in Suntree PUD, Stage 5, Tract 55, as petitioned by Mark D. and Lynne O. Baker. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 202, ARTICLE VI, DIVISION 5,
SECTION 202-267, SPACEPORT COMMERCE PARK AUTHORITY

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 202 relating to the Spaceport Commerce Park Authority, to allow a District 1 at-large
appointee to serve on the Authority if that individual concurrently serves on one of the other boards, which are represented on the Spaceport Commerce Park Authority Board.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to adopt an Ordinance amending Chapter 202, Article VI, Division 5, Brevard County Code, specifically amending Section 202-267, regarding the appointment of a member-at-large from District 1 to the Spaceport Commerce Park Authority; to permit the member-at-large to serve on certain other public bodies; providing for codification; providing for severability; and providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION AND ORDINANCE AMENDING CHAPTER 62 AND
VARIOUS SECTIONS FOR CHANGE OF USE OF COMMERCIAL PROPERTIES

Chairman Scarborough called for the public hearing to consider a resolution amending the fee schedule for Land Development, and an Ordinance setting forth standards for change of use of commercial properties.

Assistant County Manager Peggy Busacca advised the ordinance relating to change of use was directed by the Board on October 1, 2001; an Ordinance went into effect that required occupational licenses be reviewed to determine if the proposed change would result in additional impacts; and if so, the proposed use required submittal of a major site plan. She stated in November 2001, the Board chose to abate the enforcement of that Ordinance, and asked staff to return with a proposed ordinance. She stated the Ordinance currently would require that all occupational licenses go through review for onsite sewage treatment, fire safety, and the Building Code as it relates to occupancy; and for those occupations where there has been a change of use and significant impact as determined by the amount of trips generated by the new use, the use will be required to go through a more significant review based upon compliance with the current Code as much as possible on that site. She stated it would not guarantee l00% compliance for all sites, as that may be unworkable; but staff would have the flexibility to determine what that is.

Commissioner Higgs expressed concerns about the language on page 3, Section 5, Item 1, and requested clarification.

Permitting and Enforcement Director Ed Washburn recommended deleting the second line “as identified in this Section,” and adding “(a) through (i) below”; and deleting the last line, “landscaping, drainage, and parking and loading,” and substitute “(g) through (i) below.” Commissioner Higgs advised that will list the things on the next page, which are specific to being reviewed as opposed to “as identified”, which is ambiguous and hard to understand.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt an Ordinance of Brevard County, Florida, amending the Code of Ordinances, Chapter 62, Land Development Regulations, Article VIII; specifically amending Section 62-3201 to reference a newly-created Section setting forth standards for changes of use; amending Section 62-3202 to delete reference to changes of business use; amending Section 62-3203 to delete reference to changes of business use; amending Section 62-3204 to delete references to changes of business use; creating Section 62-3208 setting forth standards for upgrading developed properties at the time of a change of use, providing for exclusions, providing for applicability to abandoned uses, providing for submittal requirements and standards for approval; Amending Chapter 62, Zoning Regulations, Article VI, Section 62-2252 providing for applicability of performance standards to changes of use; providing for applicability in unincorporated areas; providing for conflicting provisions ;providing for severability; and providing an effective date; and to adopt Resolution amending the schedule of fees and charges for the Land Development Code Section of the Permitting and Enforcement Department. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ARTICLE II, CHAPTER 102,
SECTION 102-66, OCCUPATIONAL LICENSE FEE

Chairman Scarborough called for the public hearing to consider an ordinance amending Article II, Chapter 102, Section 102-66, increasing the Occupational License Fee by 5% to $35.25.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt an Ordinance amending Article II, Chapter 102 of the Code of Ordinances of Brevard County, Florida; specifically amending Section 102-66 to change the occupational license tax rate; providing for severability; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REZONING REQUESTS BY THE VIERA COMPANY FOR
HERITAGE ISLE PUD AND VIERA CENTRAL PUD

Chairman Scarborough called for the public hearing to consider rezoning requests by The Viera Company for Heritage Isle PUD and Viera Central PUD.

Commissioner Higgs stated there was some question about duplexes and how they were going to do that; and inquired if they have decided how it will be done.

Carey Hayo with the Planning Firm of Glatting, Jackson, advised they are resubmitting a revised PUD for Heritage Isle where they have calculated open space considering duplex as multifamily use which requires more open space; and they have met that requirement.

There being no further comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Higgs, to approve the rezoning requests by The Viera Company for Heritage Isle PUD and Viera Central PUD. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE XIII, DIVISIONS
2 AND 3, AND VARIOUS SECTIONS FOR LANDSCAPING AND LAND CLEARING AND
TREE PROTECTION

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Article XIII, Divisions 2 and 3, and various Sections relating to landscaping, land clearing, and tree protection.

Carl Signorelli requested the Board postpone the public hearing until Thursday as most people who wanted to speak left the meeting because they were not sure what time the item would be considered.

Chairman Scarborough advised Thursday is a budget workshop, and the Board would probably not want to take up the item at a budget workshop. He inquired if there is a desire to postpone the ordinance.

Motion by Commissioner O'Brien, to continue the public hearing on an ordinance amending Chapter 62, Article XIII, Divisions 2 and 3 relating to landscaping, land clearing, and tree protection until August 13, 2002. Motion died for lack of a second.

Mr. Signorelli advised at the top of page 6 of the July 9, 2002 draft ordinance, it reads, “vegetative buffer area adjacent to a public road right-of-way must be preserved or established along the road frontage in accordance with the vegetative buffering requirements of this division.” He stated this issue appeared several times in Commission meetings, but no place does it say what the vegetative buffering is for Type A; and he attended several LPA meetings where the LPA wanted clarification of the Type A buffer. He stated it says if commercial property adjoins a public thoroughfare, they have to have a 15-foot frontage for landscaping; small stores along the roads do not have enough depth to give up 15 feet; and requested adding, "If the road frontage property for commercial has less than 134 feet, then they do not have to comply with Type A buffer, with the exception they still have to have a tree every 50 feet." Mr. Signorelli advised that will give strip stores extra land for parking in the front of their stores. He presented a handout to the Board, but not the Clerk, showing several times when the LPA recommended changing the wording on the item; requested staff or Mr. Jenkins place the item on the next agenda for discussion; and stated another item he is requesting is to replace “buildable” with “plantable”. He stated the point system on the chart in the Landscape Ordinance says they need 480 points for one acre of property; if he has half an acre, he only needs 240 points; one acre of commercial property usually has more than half an acre in concrete with driveways, parking area, building, retention, etc.; so if the Board would substitute plantable for buildable, everything would be fine and they could comply with the ordinance. He stated right now they cannot comply with the 480 points for half an acre of trees; and once the trees grow, there will be no room for development since they are planting trees with inch and a half or two-inch trunks. He requested the item be put on the agenda for the Board’s discussion and approval in the future.

Commissioner Colon inquired what would be the problem amending the ordinance as requested by Mr. Signorelli, which is in the LPA minutes; with Debbie Coles, Natural Resources Management Supervisor, responding that was probably several years ago when the Board discussed that option and discarded it. Commissioner Colon stated the minutes show 1998; and inquired if staff recalls what the argument was for not being able to put that wording in; with Ms. Coles responding if buildable was changed to plantable, there would be no guidelines of how much impervious surface can be put on a site, so the plantable area may end up being very small. She stated if the number of plants are calculated by the plantable area as proposed by Mr. Signorelli, there would possibly be a small amount of landscaping required on the site. Mr. Signorelli stated once a person submits a site plan, the County knows exactly what the plantable area is; therefore, if they do not have an acre, they do not have enough room for the plants. He stated requiring 480 points on a site of 1/10th of an acre is ridiculous; they cannot comply with the Ordinance if they have to use the chart for plantable; and if staff could come up with a drawing showing the Board and LPA that they can build on a 100’x100’ commercial lot with a building on it according to the point system, he would stop all resistance. Ms. Coles stated staff has an existing drawing of one of Mr. Signorelli’s properties that may do. Chairman Scarborough advised Mr. Signorelli that Ms. Coles will visit with him so he does not have to come back.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt an Ordinance of Brevard County, Florida, amending Chapter 62, Article XIII, Divisions 2 and 3, Code of Ordinances of Brevard County, Florida, relating to landscaping and land clearing, specifically amending Section 62-4331, Definitions and Rules of Construction; Section 62-4334(D), Associated Landscape Areas for Preserved Trees; Section 61-4334(E), Point Schedule for Preserved Trees; Section 62-4334(F), Preservation of Understory; Section 62-4334(I), Road Frontage and Vehicular Use Areas; Section 62-4334(L), Minimum Size of Trees; Section 62-4334(S), Site Preparation; Section 62-4335(2) Planting Requirements; Section 62-4336, Maintenance, Inspection; Section 62-4366, Protection of Trees and Vegetative Buffers; providing for conflicting provisions; severability; area encompassed; and effective date. Motion carried and ordered unanimously

PUBLIC HEARING, RE: CONSOLIDATED ACTION PLAN FOR FY 2002-03 CDBG, HOME,
AND CBO PROGRAM FUNDS

Chairman Scarborough called for the public hearing to receive public comments on the Consolidated Action Plan for FY 2002-03 regarding Community Development Block Grant (CDBG), HOME Investment Partnership Program, and Community Based Organization (CBO) funding priorities.

There being no comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Higgs, to acknowledge receipt of the Consolidated Action Plan and funding priorities for FY 2002-03 for CDBG, HOME, and CBO and report on last year’s CDBG, HOME, and CBO accomplishments, and move it to the second hearing on August 13, 2002. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: POSTPONEMENT OF PUBLIC HEARING

Chairman Scarborough advised he told some people Item IV.K. would not come up until after 3:00 p.m., so the Board will return to it later.

LEGISLATIVE INTENT AND PERMISSION TO ADVERTISE, RE: LANDSCAPING AND
LAND CLEARING AND TREE PROTECTION ORDINANCE

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize staff to prepare and advertise a public hearing to consider an ordinance providing a mechanism that assures the minimum required landscaping on a single-family lot is maintained, and initiate a Code violation if the minimum landscaping dies. Motion carried and ordered unanimously.

Commissioner O'Brien inquired if the start-up cost is $170,000 with a recurring cost of $130,000 annually, and how does staff intend to pay for that cost; with Natural Resources Management Director Conrad White responding that was Option 3, which is a bond issue; and Option 2 requires a fiscal impact of $60,000 initially and an annual recurring cost of $45,000. Commissioner O'Brien inquired what does Option 1 do; with Mr. White responding continues the current practice with no additional funding. Commissioner O'Brien inquired if the Board approved Option 1; with Commissioner Higgs responding no, it approved Item 1 and Option 2. Commissioner O'Brien inquired if it will cost $60,000; with Mr. White responding yes, initially and $45,000 annual cost to fund an individual for inspections that would occur because of the change. Commissioner O'Brien inquired how does staff expect to pay for that; with Mr. White responding staff would probably come back to the Board with an increase in fees to pay for it. Commissioner O'Brien inquired which fees; with Mr. white responding across-the-board increase for landscaping and land clearing fees. Commissioner Higgs stated the fees would be directly related to the service being provided. Commissioner O'Brien stated this will come down to a single-family lot maintaining minimum landscaping; the Board does not have to initiate Code violation if the landscaping dies; and inquired if this is a serious problem Countywide; with Natural Resources Management Supervisor Debbie Coles responding staff had some reports of people planting vegetation, and after the certificate of occupancy is issued, they remove the landscaping. Commissioner O'Brien inquired how many reports; with Ms. Coles responding probably 5%, if that high. Commissioner O'Brien stated the Board is looking at a problem that does not exist; it is not a serious problem; and to add $45,000 a year to control a problem like this is nonsensical. Commissioner Higgs stated it will come back to the Board as a draft ordinance and be looked at again because all the motion does is move it ahead. Commissioner O'Brien stated he would prefer to kill it right now because it is silly. Commissioner Higgs stated the Board already voted on it.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to reconsider the legislative intent and draft ordinance relating to landscaping and land clearing. Motion failed; with Commissioners O'Brien and Colon voting aye, and Commissioners Higgs, Carlson, and Scarborough voting nay.

Chairman Scarborough advised it will come up for discussion, and at that time it could be considered further; he has heard of contractors pulling plants and moving them from place to place after they receive CO’s; and it may not be pervasive, but it has occurred and he heard complaints about that. Commissioner O'Brien stated if that occurs, Code Enforcement can be sent out to look at what is going on; but to spend $45,000 for a full-time employee, documentation costs, etc. is ridiculous when 95% of the people in the County are honest. Commissioner Carlson stated that is why this item is a legislative intent; it gives everyone a heads up of what the Board is talking about; and the ordinance will come back and hopefully there will be public comment. Commissioner O'Brien stated $45,000 is more than the landscaping is worth. Assistant County Manager Stephen Peffer advised when the ordinance comes back, staff will bring the Board options to consider regarding implementation.

DISCUSSION, RE: PROBLEMS IN SUNSET LAKES

County Manager Tom Jenkins advised this is a status report. Commissioner O'Brien stated Mr. Washburn will tell the Board their problems have mostly been resolved since they took over the Homeowners Association, and there is nothing the County can do.

Permitting and Enforcement Director Ed Washburn advised the developer has solved almost all the street and sidewalk problems, but some residents who live around one of the lakes do not feel he solved the erosion problem; however, it is a private subdivision and he is not sure the County can do anything about it.

PERMISSION TO RESCHEDULE, RE: ST. ANDREWS BOULEVARD ALIGNMENT
DISCUSSION

Commissioner Carlson stated the County Attorney informed her based on title search required, they will need more time.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to reschedule discussion of St. Andrews Boulevard's alignment for August 13, 2002. Motion carried and ordered unanimously.

CONSIDERATION, RE: OPTIONS TO REMEDY BOARDWALK CONDOMINIUM CODE
VIOLATION FOR PARKING AND STORAGE OF RV’S, BOATS, AND TRAILERS

Chairman Scarborough advised he has a phone message that Doug Baker wanted to know if it was going to be heard in the afternoon; stated there are no cards on the item; and inquired if there were any questions from staff.

Commissioner Higgs inquired if Chairman Scarborough has any comments or suggestions; and stated it seems they could amend their site plan to take care of the issue. Commissioner Carlson stated that is what option 2 provides.

Chairman Scarborough recommended the item be postponed until later in the meeting.

DISCUSSION, RE: EQUESTRIAN PROPOSAL FOR WICKHAM PARK

Michael Condes advised his proposal is to enlarge the horse section of Wickham Park that will benefit Brevard County and the equestrian community; and he wants to do that for the young and old equestrians and for future equestrians who are not born yet. He stated the horse section of Wickham Park has not been developed to its full potential, failing both the County and equestrian community; it needs to develop an equestrian complex that will be conducive to attract USA equestrian sanctioned shows; and it needs to market is geographic location and facility as the best location during the winter season for individuals and show barns that cannot afford the daily or weekly high cost and expense associated with horses at major shows such as those at Wellington and Tampa, but still want to compete for the money or points that are recognized nationally, which cannot be done now at Wickham Park. He presented and explained transparencies of the extent and importance of equestrian activities during the winter season and the income it would bring to Brevard County. Mr. Condes stated Wickham Park can carve a niche and partake in the winter equestrian season by its location and at the same time increase the level of competition during the entire year by having sanctioned shows at Wickham Park, which will raise the bar of competition for not only the local competitors, but for the entire region. He stated Brevard County has grown with a lot of new residents who have come down and settled here from areas which started young ones in pony clubs, then moved on to sanctioned shows where he or she can gain points or money, depending upon his or her classification as a rider, none of which Wickham can afford now with its one-day shows. Mr. Condes advised Brevard County needs to look to the future for equestrian programs such as the Young Riders of America, which offer scholarships for training in Europe in order to compete on a worldwide basis, both in the Olympics and World Games. He stated transparencies 3 and 4 explain why Brevard County is a good location to establish a niche; transparency 2 shows they move to the fairgrounds from Wellington at the end of nine weeks for an additional four to five weeks; and during the period at Wellington, between January and February, items and quantities indicated were sold and delivered to the exhibitors. He stated Wickham Park will fit in because of its location; some exhibitors would like to stay for winter elsewhere during the equestrian season and out of the high-rent districts like Wellington in West Palm, Tampa, and Ocala; and Wickham Park is ideally located to meet the requirements of not being more than 2 to 2.5 hours with good roads to major show grounds. Mr. Condes advised transparency 4 is the geographic map of Florida showing I-95 going north and south and I-4 going west; all the County needs to do is build additional barns and leave room for temporary stalls, which can be bought or rented; and that is why he stressed location. He stated he talked to thousands of people who come to Florida with their horses; and they do not bring $500 quarter horses, but thoroughbreds and warm bloods from Europe that cost for example $75,000 for a jumper from the Duponts. He stated he hopes the Board will look at Wickham Park closely and the profit that it could possibly bring in.

Commissioner Carlson advised there has been an interest in doing something like that for many years in the equestrian community; as an ex-equestrian, she knows that has been the case; and there have been issues where they would like to bring something more into Wickham Park. She stated they passed the Parks and Recreation Referendum and have more money to improve what they have right there; she does not know if they have any money to do anything over and above that; but what Mr. Condes is talking about sounds like something they might want to address in front of the Sports Commission. She inquired if Mr. Condes went to the Wickham Committee that is looking at improvements for Wickham Park; with Mr. Condes responding yes, he spoke before the Committee and it was neither negative or positive. Commissioner Carlson stated she would be happy to meet with Mr. Condes and the Sports Commission to find out exactly what the size and capacity issues are, because if he is talking about being part of the circuit, there is a lot more to be said in terms of the economics than maybe what he can present time-wise here. She stated the Board should look at it a little more seriously because there is a huge contingency in the County that is involved with equestrian-related activities; she knows there is a lot of support out there, but support comes with dollars; and they need to look at what dollars are available. She advised Mr. Condes she would be happy to meet with him at some point if he would call her office. Mr. Condes stated he would appreciate working with Commissioner Carlson at any time and will also be happy to give his input.

Commissioner Higgs advised she had a chance to meet with Mr. Condes earlier in the year; and inquired if he was part of the Cavalry; with Mr. Condes responding yes, in 1937. Commissioner Higgs stated it is wonderful that someone with his experience and energy is bringing this issue to the Board; he has grand plans; and she wishes him the best in working it out.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE CREATING
SPECIAL WATER AND SEWER DISTRICT

Attorney Paul Gougelman, representing the Space Coast League of Cities, advised a number of city officials, administrative and elected, are here today on behalf of the Space Coast League of Cities and municipalities that would like to make brief comments regarding their concerns about the proposed ordinance. He stated they want to indicate their concerns and suggest alternatives to get where they think the Board is going; and the first speaker is Councilman Vince Benevente of Indialantic, who is the President of the Space Coast League of Cities.

President of the Space Coast League of Cities Vince Benevente advised the ordinance was presented to the League’s board of directors at its July meeting; and after a lengthy discussion, all in the negative, it was decided unanimously to oppose the ordinance. He stated their concerns were outlined in a letter sent to the Board by him with the consent of the board of directors; and since his associates are more knowledgeable of the subject than he is, he will yield the rest of the time so they can address the Board.

Attorney Paul Gougelman, General Counsel for the League of Cities, advised the letter from President Benevente was sent to all five Commission offices; he will not go through the lengthy letter, but will draw attention to a few key concerns of the cities; the cities are cognizant of the fact that initially there was discussion about grandfathering municipal water and sewer systems under the ordinance; but unfortunately, the ordinance as it stands does not include that grandfathering language. He stated a primary concern is many of those systems are presently serving the incorporated and unincorporated areas underwritten by bond issues; and some of those bond issues are extremely large. He stated the rates to pay those bonds have been set up based on not only existing consumer use of the utility systems, but also on projections of who is going to be tapping into the systems and where they are going to be tapping into the systems from in the future. Mr. Gougelman advised Melbourne recently had to increase it rates; one of the concerns was that usage of the system was down; people have been doing a good job of conserving the use of water, which everybody applauds; but the strange anomaly of that is as use decreases, revenues decrease. He stated another factor that is used in computing rates, not only for today, but also for the future, is based on who will be tapping into the systems based on growth projections; and if there is not a plan agreed to up front as to what areas are going to be grandfathered in and how it is going to be done, one of the problems is that may place the cities in a position of being in default possibly under their bond issues. He stated the better way to approach this issue is not through the ordinance, but through the Water Supply Board or Coordinating Group of the League of Cities, set up to try and come up with an alternative plan to deal with the concerns the County has and getting everybody on board. He stated the reason it is important to get all the municipalities on board is because currently there are a lot of municipalities that have extensive systems in the unincorporated area; Palm Bay, Melbourne, West Melbourne, Rockledge, Cocoa, Cocoa Beach, and Titusville are all providers in the unincorporated area; and most of those systems have bond issues. Mr. Gougelman advised some of the service going on right now is through franchise agreements with Brevard County; they are based on joint planning agreements worked out between some cities and the County; and if the Board went forward with advertising today and adopted it in August, it would be effective at the end of August and would put the cities in a position of operating inconsistent with the ordinance and the ordinance inconsistent with the agreements. He stated the League of Cities is setting up a coordinating group and is interested and willing to work with the County; they understand one of the primary goals of the ordinance is concern with people from outside Brevard County coming into the community, withdrawing water, and transporting it elsewhere in the State; so they are willing to work with the County to come up with some type of plan or alternative, but think the ordinance puts the cart before the horse. He stated a better way to do it is to get everybody on board first and have that approach agreed to. He introduced Daren Shippy, Water and Sewer Attorney from Tallahassee, representing the City of Melbourne, and noted Mr. Shippy will point out legal concerns with the ordinance.

Daren Shippy, lawyer with the law firm of Rose, Simpson, and Bentley, advised the ordinance is inconsistent with the intent and language set forth in Chapter 153, Florida Statutes, which is the body of statutes on which the Board relied in considering to adopt it. He stated in reviewing the history and intent of that Florida Statute in authorizing creation of water and sewer districts, the Board will find in 1959 there were areas of unincorporated counties that needed water and sewer service; and this Statute was a vehicle to provide water to those specific areas and not intended to claim territory as the ordinance tends to do. He stated in his opinion, the ordinance conflicts with language of Chapter 153, which prohibits a county to do this throughout all of the unincorporated areas, which is what the Board has done with this broad brush ordinance. Mr. Shippy stated he believes it is in conflict with Chapter 373, in particular, Section 373.223, subparagraph 2, which says, “no local government shall adopt or enforce any law, ordinance, rule, regulation, or order to the contrary of the water management district’s ability to authorize the transportation of water across county lines." He stated in reviewing some of the background materials of the ordinance, that is obviously the stated intent; and it is a fatal defect with respect to the drafting of the ordinance. He noted they can go back in 1987 when the Supreme Court of Florida addressed a similar issue; and one of the parties was Brevard County; the situation was reversed; and Osceola County was involved in that. He stated he understands Brevard County, through the South Brevard Water Authority, which no longer exists, applied to the St. Johns River Water Management District for a consumptive use permit that would authorize water to be drawn from the Holopaw region of Osceola County involving two different management districts; and the Supreme Court of Florida said political boundaries are artificial divisions that may sometimes be transcended when planning for the most beneficial use of the State’s water resources. He noted in essence, territory does not define whose water it is; it is a State resource; and water in Tallahassee is as much available to the State as water in Brevard County. Mr. Shippy advised the case also says there is no cause for concern because there is a Statute in place with respect to consumptive use permit; there is ability to object and voice concerns at those times; and the Supreme Court said that is adequate as far as a remedy is concerned. He stated prophetically if the Board’s concern is Osceola County coming over and getting water from Brevard County, it was mentioned that some day Osceola County would be in that position; and apparently it is in this instance. He stated along the line of consumptive use permits and withdrawing the water, the Board may want to be aware of Deseret Ranches, which has proposed a 29 mgd consumptive use permit in Brevard County and that the only parties to attend are the Cities of Melbourne and Orlando Utilities Commission. Mr. Shippy advised he believes the ordinance as drafted is probably inconsistent with Chapter 180, which is the group of statutes that authorizes cities to provide services beyond their territorial boundaries; and it is also in conflict with what they call General Law.

Chairman Scarborough advised Mr. Shippy’s time has expired; and inquired if the Board wishes to extend it.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to extend the time for Mr. Shippy to complete his presentation. Motion carried and ordered unanimously.

Mr. Shippy advised the general proposition of utility law is that territory is not claimed; there are several cases that have addressed that issue; they come from the 5th District Court of Appeals; and in essence they do not claim territory, they provide service. He stated the fact that some staked claim to territory, the courts have said it is irrelevant because if they are going to do that, they better have the present and current ability to provide the service the public has a right to receive in the most reasonable and efficient manner irrespective of who has claimed that territory. Mr. Shippy advised he had the privilege of representing the Cities of Melbourne and West Melbourne in a lawsuit involving the City of Palm Bay, which Brevard County joined in; that was resolved about a year ago; and in participating in the drafting of the settlement agreement, he feels the ordinance is in direct conflict with that agreement. He read a passage of the agreement as follows: “The agreement represents the consent of the County for each of the three municipalities to provide utility service to unincorporated areas of the County as described in paragraphs 2 and 3.” He suggested the Board vote not to adopt the ordinance because it is fraught with legal problems.

Susan Hann, Acting City Manager of Palm Bay, advised the proposed ordinance will unnecessarily restrict the provision of municipal utility services; the Space Coast League of Cities forwarded a letter to the Board on July 17, 2002 that outlined numerous objections to the proposed ordinance; and the City of Palm Bay concurs with those objections and joins with the League in requesting the Board abandon the current ordinance proposal and refer the issues to the League of Cities Coordinating Committee or Water Supply Board. She stated the City also submitted a letter to the Board detailing its objections to the ordinance, including that it does not acknowledge existing agreements; and it may impact the financial stability of some of the utility projects and add another layer of bureaucracy to already established procedures. Ms. Hann advised the ordinance takes way the rights of property owners to receive service from available municipal suppliers; and the City of Palm Bay believes service areas should be determined by system capabilities, supply, demand, and ability to provide service, not by forming a water and sewer district that cannot address the utility needs throughout the County. She stated the City requests the Board abandon the ordinance at this time and refer the issue to the League of Cities Coordinating committee or Water Supply Board for its consideration.

Mr. Gougelman advised they had hoped to have Titusville City Manager Tom Harmer with them today, but he could not get away; however, he sent Rudy Khan, Water Production Superintendent, to address the Board.

Rudy Khan advised, on behalf of Mayor Swank, City Council, and the City Manager, the official position of the City of Titusville is that it would prefer to see efforts to adopt the water and sewer district ordinance be abandoned. He stated the County can achieve its objectives by working through the League of Cities.

Anthony Garganese, Attorney for the City of Cocoa, advised in 1957, the Florida Legislature trusted the City enough to adopt a Special Act; and in that Special Act, the Legislature established the service area, which encompasses practically all of Central Brevard in which the City provides water and sewer. He stated the City provides water to Rockledge, Cocoa Beach, Cape Canaveral, Viera, Merritt Island, and other areas in unincorporated Brevard County; the City has used the Special Act to promptly and efficiently provide water service in the area; and the City believes the proposed ordinance as drafted conflicts with the 1957 Special Act, which the City relied on extensively to provide water and sewer. He stated in Chapter 153, which the Board cited in the ordinance, Section 153.88 specifically states that Chapter 153 shall not be construed to affect any special act adopted prior to June 19, 1959; and the City of Cocoa’s position is that the 1957 Act cannot be abrogated by an ordinance adopted pursuant to Chapter 153. He stated the City prefers the Board not take up the ordinance as currently drafted.

Mr. Gougelman advised the last two speakers are Melbourne Beach Commissioner Paul Guglietta and City Manager of West Melbourne Mark Ryan.

Paul Guglietta, representing Melbourne Beach Commission, expressed its apprehension regarding the proposed water and sewer district for unincorporated Brevard County, and hopes there will be no repercussions by the Board, in whole or as individual Commissioners, on any process or agreement of the Town that it may be pursuing with the County now and in the future. He stated the Town is in full concourse with the letter written by the Space Coast League of Cities regarding the proposed ordinance; the Town feels that any action on the ordinance should be abandoned at this time; and as pointed out in the letter, if there is a need for the Board then a workshop should have been held with the municipalities as a courtesy or information and justification prior to it being brought to the Board of County Commissioners. He stated the Town believes it is a conflict of interest for members of the Board of County Commissioners to have sole approval and denial authority pertaining to water and sewer permitting; the water and sewer board should be an independent governing and regulated board with no direct ties to the County Commission; it should be voted on by the citizens and its members elected like the School Board; and the members should not consist of any County Commissioner. Mr. Guglietta advised the big questions are: (1) why does the County need the additional board; (2) what are the procedures, rules, and standards within the unincorporated areas; (3) what impact would such a permitting board have on the existing municipal water and sewer providers that serve the unincorporated area of the County; and (4) would the municipalities lose claim to their investments and infrastructure which lie within the unincorporated areas. He stated those are considerable concerns to the communities that rely on others for water and sewer service. He stated another concern is it has taken the County Water Resources Department over nine months to install a force main through Indialantic to their small community; to this date the project is not completed; and if the Water Resources Department is having that much difficulty implementing a small project, it does not instill a great deal of confidence that it would be able to conduct a sizable and all encompassing assignment. He stated based on the numerous unanswered questions, the Town of Melbourne Beach deems the proposed ordinance flawed and ill-advised.

Mark Ryan, City Manager of West Melbourne, advised the speakers provided the Board with information that warrants abandoning the proposed ordinance; and the Board has an opportunity to utilize the Space Coast League of Cities, Brevard County Water Supply Board, and Brevard County Public Managers Association, which consists of city managers, and managers of other local governments, including the County Manager Tom Jenkins to look at the issue and many issues that face Brevard County. He requested the Board work with the cities and others towards Brevard Tomorrow, coordinate together, and seize this opportunity. Mr. Ryan advised there is a lot to learn and to do in the coming years; the City has been down the road of preemption in law and conflicts with settlement agreements heard today under Chapter 1 lawsuit; it was not fun and the City does not want to go there again; and requested the Board seize the opportunity to grow together as they build a better tomorrow for Brevard County.

Chairman Scarborough advised he indicated earlier that he met with the City Manager and Mayor of Titusville; the Mayor’s letter requests the item be tabled; and he communicated that message to the Board. He stated he listened and heard everything, but what he heard yesterday and up until now was a request to table. He stated it is not tabling of an ordinance, it is on the permission to advertise, which has not even evolved into an ordinance; he understands the cities’ passion, but he does not know if everybody is reading off the same sheet that it needs to be sent back; and the word table may be incorrect because tabling would allow the complete redrafting as opposed to abandoning, and when an item is tabled there is no action taken, so he does not know if there is any action. He stated he heard from one thing from Titusville today and something else was communicated previously; and he does not want to get between the Board and City of Titusville, but the word table was used.

Commissioner Colon stated everyone knows the history between the City of Palm Bay and West Melbourne, Melbourne and the County; and that is not the route she would like to go. She stated the suggestions are good regarding working together with the Space Coast League of Cities to try and see if they can come up with something; they have an opportunity to speak to Commissioner Higgs who related to the Board her concerns regarding what is happening with Osceola County. Commissioner Higgs stated she never talked about Osceola County, but there were lines going to Orange County. Commissioner Colon apologized for the misstatement; and stated Commissioner Higgs communicated to the Board her concerns about Orange County because she sits on the Regional Council. Commissioner Higgs stated Chairman Scarborough asked her to attend the regional water issues; and it was initiated by Commissioner Crotty. Commissioner Colon stated it would serve the community right to work together; the main issue is if the Board wants to move forward; she is not comfortable moving the proposed ordinance forward; and it would be best to abandon it and at a later time come together and come up with a conclusion of what should be done as a partnership. She stated maybe it could come up again, but for now it would not be wise. She stated she went down that road already when she was on the City Council of Palm Bay; it was quite ugly with municipalities fighting among themselves because of a lack of communication; and thanked Mr. Peffer who made sure all the municipalities received a copy of the draft ordinance. She stated it would be best for the Board not to go forward with it; and even if Titusville asked to table it, she feels they spoke in one voice at the Space Coast League of Cities where all the cities were in agreement of not seeing this ordinance come to fruition.

Chairman Scarborough stated he does not know if he heard that it not come to fruition because some have expressed the regional concern; the concern is the County is getting water from Orange County; and he heard things in the region, and Commissioner Higgs can confirm that they would like to deny Brevard County the continued capacity and shift it over to desalinization through some deals.

Commissioner Higgs stated there are all kinds of issues being talked about regionally, from desalinization plants in Brevard County to consumptive use permits, which may decline over the years; Brevard County would rely on local sources; and capacity coming out of Orange County would then shift over to Orange County. She stated it was the intent there would be grandfathering of systems and honoring of agreements with the municipalities; but the Board needs to look at protection of the unincorporated area water supply and what goes on there. She stated there was no attempt to do anything outside of the County’s boundaries; the Board is charged with the responsibility for the unincorporated area and no one else; and when she met with the water supply group a week or so ago, they talked about that. Commissioner Higgs advised the group has been in place a number of years; the suppliers wanted no authority in that body when it was established; but it has come together to bring the suppliers and consumers of those supplies together in a forum to talk about issues. She stated the group has no authority, but it has worked on a number of issues and has been very productive. She stated they asked for an opportunity to workshop the issue; there were members there who did not think it was a bad idea; so she would like to see it go forward to the Water Supply Board that Commissioner O'Brien chairs. She stated there was interest; it is an issue; and it is appropriate to go to that body. She stated she finds some suggestions not ones she can support, but she is sure there are some that she has that others would not support; so it would be appropriate to take it back to the Water Supply Board to see what that group has to say and have it come back to this Board after they work on it.

Commissioner Carlson stated when she brought up the idea of doing legislative intent, the whole idea of that was to make sure the community was aware of what the Board was intending to look at; hopefully staff does a little bit of digging as far as the legal issues in regards to what the Board is attempting to do here; and maybe the Board could have nipped this in the bud a little quicker. Commissioner Higgs stated she wrote the legislative intent. Commissioner Carlson stated she knows, but it did not have any of the issues that were discussed by the attorney who told the Board about all the legalities of it; there was nothing there that might have changed some of their minds as far as going forward with it; but with that said, some of the discussion leaves a lot of questions in her mind whether the Board should go through with the ordinance, and just bring the issue in front of the Water Supply Board and have it start to work with it along with the Space Coast League of Cities Coordinating Committee, and workshop the issues and not necessarily the ordinance. She stated it sounds like the ordinance is extremely flawed; and inquired why should the Board start from that basis and not from a perspective where the Board will have comments from the Water Supply Board and League of Cities and consider all the legalities of the situation. She stated she is not clear, after reading the ordinance, that the Board is approaching it from the right perspective; and it would not hurt, since they never had this kind of authority to begin with, to go slowly and methodically and find out where the positives are to what the Board is doing.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to abandon the ordinance and refer the issue to the Water Supply Board to workshop it and bring in the League of Cities Coordinating Committee and see if they can iron something out to accomplish what the Board is trying to accomplish, and bring it back to the Board.

Commissioner Higgs stated attached to her Agenda item is a memo from the County Attorney outlining his understanding of the legal authority through which the Board can pursue this issue; obviously there is disagreement; and there are six or seven attorneys in the room, and they all disagree. She stated the County Attorney would agree the Board has the authority to go forward; that was his written opinion, which was attached to her Agenda Report; and even listening to some of the opinions presented by other attorneys, there were hedges there she would have questions about; so whether or not she feels confident based on Mr. Knox’s opinion, the Board has that authority to go forward. She stated obviously there are others; if it goes back to the Water Supply Board, those are some of the issues they can talk about; Mr. Martens is coordinating that workshop; so all of those things will be delved into as they talk about it, then bring it back to the Board.

Chairman Scarborough stated he will support the motion because it needs to go back to the drawing board; basically the County is not in the water business; it has a small water plant north of Titusville; and to the best of his ability, Mr. Martens is trying to coordinate it, so they do not have dueling water systems. He stated the County also has a water system in the south end; the County can play an overall super role, but it can only play that role with the cooperation of the cities because the cities are the water suppliers. He stated it is not a matter of this statute or that statute; the thing does not work unless they come together as a body; it is not a legal issue; it is a political issue; and if they politically speak with one voice, as the discussion proceeds, they will have a stronger voice than if they do not. He stated the only way to acquire that is to have them come and recommend an ordinance as opposed to saying slow down; but he is ready to slow down.

Commissioner O'Brien stated the Water Supply Board, in conjunction with major suppliers of water in the County, said it would like to have some time to consider this issue; and the proposed ordinance is just a draft and open to all kinds of changes, mediations, and coming together of thoughts and principles. He stated if on August 23, 2002 they cannot find common ground, he will be more than happy to give it up; but they may find there is some merit, which has not been discussed or researched. He stated they are not looking long-term and instead are looking at tomorrow; and unfortunately in doing so, they become shortsighted about the future of Brevard County. He stated there is an opportunity to look at regional problems that will affect Brevard County and look at a much broader picture; to jump the gun and say kill it is the wrong thing; the right thing to say is go to the August 23, 2002 meeting and discuss what they will talk about in depth and what changes they would like to see in the ordinance if an ordinance passes at all. He stated if after discussion with all the players involve and it comes back with a negative recommendation, he would have no problem; but he does not like the shortsightedness of saying they do not like it. Commissioner O'Brien stated he did not hear one person say they would lose power and the County would get the power, nor what benefits would it have for every citizen in the County; the Board is not West Melbourne or Cocoa that worry only about their cities; it worries about Brevard County in its entirety, including all the cities; and the Board is trying to look at a broader scope down a longer line. He stated that is what the Board is charged with doing; he would prefer to say go forward to the August 23, 2002 meeting and give Mr. Martens and everybody time to get more research done and their input made; and they can maybe say forget it, or here are good grounds, grandfather this, change that, move this, fit it like a glove, and everybody is happy. He noted they cannot find out until they get there; they are not there yet; they could all read the first document and say it is terrible; but constructive criticism would say this is how they can fix it.

Commissioner Colon stated she likes constructive criticism, but it depends on how people take that information; one thing that has been shared by the municipalities is to work together; she heard that numerous times; and the motion says they are going to abandon it and would like the Water Board to look at the issue and work closely with the League of Cities.

Commissioner Carlson stated the motion is to abandon the current ordinance and send the issue to the Water Supply Board with input and working with the Coordinating Committee of the Space Coast League of Cities and anybody else who would have any good input.

Commissioner Colon stated the discussion will continue in a different arena where they will all come together and discuss the subject further, and that is the right way to go.

Commissioner Carlson stated Commissioner O'Brien’s comments are important and the intent of what the Board is trying to do is very important because the Board has been considering regional and local issues of this nature; and they are critical for the future of Brevard County. She stated the Board should not use the top down approach, and should use the bottom up approach; and by providing an ordinance, it creates the framework and discussion is not open. She stated the community has talked to the Board and said they need to be looking at what the issues are; they can certainly refer to the ordinance, but it will create more discussion in the negative than the positive; and the Board wants to positively go forward from this point on and not in a negative framework.

Commissioner O'Brien stated 90% of the people who came here today were not at the Water Board meeting to hear that discussion; they come up with a whole different group saying kill it; that is not fair; besides the Board has an idea and concept, and they should look at the concept and talk about it further. He stated the Board may be totally wrong, but again, it may have some merit; this is not top down; they are sharing with the community; communication is 100%; and he wants to see more communication and explore options where they can have the first draft and options from 1 to 10 or so until they start agreeing on things.

Chairman Scarborough stated Commissioner Carlson’s motion is to kill it and let it die; and called for a vote on the motion. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay.

REPORT, RE: COMMUNICATION WITH MUNICIPALITIES

Commissioner Colon advised District 5 City Managers, the County Manager, and she have been meeting for almost a year to discuss issues; and that is why she brought up the subject of communication. She stated the latest information she received about a joint workshop with all the city councils and the Board of County Commissioners was how much it would cost and where it would be held; it started with South Brevard city managers; but they wanted it to be bigger and to bring the entire County together.

County Manager Tom Jenkins advised Commissioner Colon has scheduled regular meetings with city managers in her District, and he has been included in their discussions; and one topic that came up was to have a joint meeting of all municipalities and the Board of County Commissioners in a structured format where some steps could be taken to work on communications between city and county governments. He stated they did some investigations on availability of Mr. Smith, who is affiliated with Florida State University and has considerable experience working with him before; but nothing has been finalized yet for Commissioner Colon to make a presentation to the full Board. He noted maybe in the next 30 days or so, she will bring her proposal to the Board to see if it is interested in scheduling a get together with the cities to talk about a number of different issues.

Commissioner Colon stated the reason she brought this up is so folks do not think they were getting together because of the water and sewer issue; it is something they have been discussing for the last year; and she apologizes if the municipalities feel the Board has gone ahead. She stated that joint meeting will take place probably after the budget processes are completed for each entity.

PUBLIC HEARING, RE: APPEAL OF ZONING OFFICIAL INTERPRETATION FOR
HARVEY’S GROVES

Chairman Scarborough called for the public hearing to consider an appeal of the Zoning Official’s interpretation of the Code relating to Harvey’s Groves.

Attorney Jack Kirschenbaum, representing Harvey’s Groves, advised Jim Harvey is here; and they want to enlarge their packing facility. He stated a portion of their property is AU zoning; the Ordinance says, “All agricultural pursuits, including packing and process, and sales of commodities raised on the premises as provided in Chapter 86, Article IV”; and that tells them that under permitted uses all agricultural pursuits, including packing and process, is an example of some but not all of the agricultural pursuits that may be accomplished in AU zoning classification. He stated there is a comma after “processing”; then the Ordinance goes on to say, “sales of commodities raised on the premises”; under simple plain English rules of grammar, “sales of commodities raised on premises” is a separate subject of that sentence and that if a person raises commodities on the site, he can sell them there. Mr. Kirschenbaum stated the reason it is important is because a portion of the Harvey property is AU and a portion is BU-1; the portion that is AU needs to be utilized for the expansion; Mr. Harvey and his brother went to the Building Department, and Land Development Department’s opinion from Mel Scott is that they can only pack and process fruit that has been raised on the premises. He stated Harvey’s Groves is one of two processing houses in the County; they do not raise all the fruit they pack and process; it comes from all over and always has; therefore, the official opinion of the County’s brain thrust that apparently renders decisions when people like him and others bring them to conclude a meaning, have taken a position that in the AU zoning category they can engage in all agricultural pursuits, including packing and processing, so long as they have grown the fruit on the site. Mr. Kirschenbaum stated, it is his opinion that the sentence says, “all agricultural pursuits, including packing and processing, can be accomplished in AU zoning and they can also sell commodities raised on the premises. He stated it seems so clear to him that is what the sentence says; Mr. Scott and the brain thrust disagreed; and they bring it before the Board as an appeal of an interpretation of staff. He stated he spoke to Mr. Scott about it on a number of occasions; they both understand each others’ positions; but when the Ordinance was adopted, none of them were around and there was no legislative intent that he could find; therefore, what the legislative intent or spirit of the Ordinance is, they do not know. He stated they have to rely on the plain simple meaning of it; and it seems simple to him, but it is so important to Mr. Harvey and Harvey’s Groves.

Victoria Chadbourne, representing her mother Marilyn Dunn, advised the Board should have a letter from her mother who could not be here today, regarding what Mr. Harvey wants to do and having all the trucks going back there. She stated they need to co-exist; her mother, Laura Geier, and Linda Sparklin are the residents directly affected by this expansion; her mother lives directly behind the property; Ms. Sparklin has two small children, and she has children who go to see her mother; and that is a concern along with noise pollution and everything else. Ms. Chadbourne stated there needs to be a balance; she is not saying Mr. Harvey should not have what he needs; but they have another distribution center across the road and down a little; and she does not know what the legalities of that property are. She stated her mother has been in the area for 31 years; others have been there 43 years; they have lived there a long time and co-existed, and everything has been fine; but they had problems with the oranges and had to get rid of all that. She stated where so many people are involved, they could find something that would be a balance for all of them.

Laura Geier stated she understands the interpretation the attorney made of the sentence, and spoke with Mr. Scott many times; many of her friends who are educators in the community feel like it could be read either way; she realizes it was probably made many years before any of them lived there; but she has lived in Rockledge her entire live and her husband has lived on the river his entire life. She stated she hopes the Board got the letter from her and the neighbor to the south regarding the packing and processing, which is their main concern; the Harveys want to build a new packing and processing facility close to their houses; and the area is basically a historic area of Rockledge Drive. She stated they are concerned because of ongoing problems; and a larger facility is going to cause more problems. Ms. Geier stated they listed a few things they would like done; but she would urge the Board to ask the attorney and property owners to consider utilizing a different portion of the property for building a larger facility or use the property they own in a different area. She stated there are several pieces of property they own close to the area; and the residents would appreciate the Board thinking about that.

Mr. Kirschenbaum stated the ladies raised good points; there always has to be a balance; and it comes down to the Board balancing relative rights and interests. He stated they can do all that at site planning and other building stages in the process; but they cannot take the first step until they get a favorable interpretation on the sentence. He stated the second speaker said some people read it the way he read it and others read it the way Mr. Scott read it; his point is a plain simple reading of the sentence says packing and processing are included in the agricultural pursuits, and so are the sales of products grown on the site.

Commissioner Carlson stated she tends to agree with the ladies; talking to educators, it can be read both ways; she does not know what the intent of the language was back then; but it is obvious Mr. Harvey gets fruit from other areas because he does not raise it all on his property since there is not enough property to raise it all to have a processing and packing plant there to begin with. She stated she does not know what the intent was of the Ordinance; and inquired how should the Board address the Zoning Official’s interpretation for Mr. Harvey to pursue potentially a rezoning to accommodate some of the issues the residents have, but still be able to proceed with what he would like to do. She inquired how does the Board treat the interpretation if it can be taken both ways.

County Attorney Scott Knox advised the appeal is to decide whether Mr. Kirschenbaum or Mr. Scott is right; and inquired if Commissioner Carlson is talking about conditions. Commissioner Carlson stated the Board would basically have to go against the Zoning Official’s interpretation before they go further and do rezoning if it goes with what Mr. Kirschenbaum said; with Mr. Knox responding Mr. Kirschenbaum was talking about site plan approval. Mr. Kirschenbaum stated if the interpretation he is advancing is accepted, they would prepare a site plan and come back; and if there were conditions the Board would like to lay on them, it could be done then. Commissioner Carlson inquired if the Board went with the Zoning official’s interpretation, then their next action would be to go through rezoning; with Mr. Kirschenbaum responding they could attempt to rezone, but it would require a Comprehensive Plan amendment. He stated there is a second potential; and if they are not successful, they will look at putting parking and/or retention in the AU portion. He noted if that is not possible, based upon interpretation of the Zoning Department, they would have to come back with an appeal; but what they are seeking to avoid is a rezoning and Comprehensive Plan amendment, which would change the zoning from AU to something else to put packing and processing in, which under his interpretation of the law they do not have to go through, but they would have to come back before the Board on site planning and comply with all requirements. He stated from his client’s perspective, none of that matters; all they are seeking is to have the Board overrule Mr. Scott and agree with him that in the AU zoning classification, because of the way the Ordinance is written, they can pack and process; and that is how simple it is.

Chairman Scarborough stated it says, “all agricultural pursuits, then it says, “including packing and process”; there is a comma there because he sees packing and processing as a combined function; then it says sales. He stated if all agricultural pursuits are admitted in AU, including packaging and processing, that would mean they can have a packaging and processing plant standing alone independent of any other agricultural pursuits, which is basically industrial; and he cannot believe that was the intent.

Commissioner Colon stated there is a way to help both of the folks and be able to let Mr. Kirschenbaum know her biggest concern going his way is the concern the residents raised; and they are legitimate concerns because the Board had those issues before it where it had allowed a certain type of zoning and it has been a nightmare for the neighbors. She stated that is where her dilemma is; even though they are not at the site plan, she would like to be able to hear from Mr. Kirschenbaum or his client a commitment to make sure the issues would be addressed because once they are out of here they can do what they want. Mr. Kirschenbaum stated it would be in the hands of the Board again because they have to go through the site planning process. He stated the Harveys have been doing business here for a very long time; they want to stay in business here; and that is why they are going through this exercise. He stated he feels certain Mr. Harvey would be committed to doing everything he could to ensure the interests of those families are protected to the greatest degree possible; the letter included several things, including walls, and times of operation; and he is sure they will work within those parameters as much as they can.

Planning and Zoning Director Mel Scott advised as a point of clarification of Mr. Kirschenbaum’s presentation, absent a rezoning application for BU-1 or the ability to do what are traditionally BU-1 activities in the AU portion of the property through a BDP, which would bring it before the Board, the regular site planning process would not result in the Board seeing again. Mr. Kirschenbaum stated they would have to go before the Planning and Zoning Board; with Mr. Scott responding that is incorrect; site planning is an administrative function; and staff reviews the Code and approves site plans.

Commissioner Higgs inquired if there is a mechanism by which citizens can appeal a site plan regarding provisions of the Code and bring that site plan to the Board if they find it does not protect their rights; with Mr. Scott responding staff would not likely approve a site plan which would be appealed by citizens because, absent Board direction, they would not allow a commercial retention area to be located in AU zoning; and that is something traditionally that only the Board has done. Assistant County Manager Peggy Busacca advised the Code permits an appeal to the site plan regardless of what provision is being brought into consideration by that appeal, so anyone can appeal a site plan for any reason. Commissioner Higgs stated if the site plan went forward and citizens did not feel their rights were being protected, they could appeal it to the Board and the Board would have to look at it. Chairman Scarborough stated it is not discretionary and not rezoning. Commissioner Higgs stated what the Code reads would become a matter of interpretation by the Board, so the site plan could get to the Board; with Chairman Scarborough responding only if some ambiguity exists.

Commissioner Carlson stated this item is based on whether or not the Board agrees with the Zoning Official or not, so it needs to decide what it is going to do. Commissioner Higgs stated she is trying to read this as literally as she can; she would be very unhappy and concerned if the Board is allowing packing and processing of all kinds of agricultural products; and it is her belief, based on what she read, that all agricultural pursuits, including packing and processing, are allowed in AU zoning, and the sale of commodities is allowed. She stated that is her literal reading of the Code; she does not like that reading; but the Board needs to be sure it knows what the Code says.

Chairman Scarborough inquired if there is a motion to either overrule the Zoning Official’s interpretation or uphold it.

Commissioner O'Brien stated if the last sentence said “sales of commodities” without saying “raised on the premises,” that means all agricultural pursuits, including packing and processing; so they can open a factory, make orange juice, then freeze it. He stated they could have a factory turning out things all day and all night on AU property; it has nothing to do with growing commodities on the premise; the AU is about what is raised on the premises; and fowl raising and bee keeping do not say off premises. He stated plant nursery and private golf course are on premises; and Mr. Harvey may have to change his zoning because staff, in its interpretation, and the English language, says all agricultural pursuits, including packing and processing, and sale of commodities raised on premise. He noted there is no comma after sales.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to uphold the Zoning Official’s interpretation concerning Harvey’s Groves, that the provision of Section 62-1334, Brevard County Code, is intended to allow for commodities that are raised on a farm (premises) to be packed, processed, and sold from the same farm, and that transport of off-site agricultural products to an AU property for packing and processing would require BU-1 permitted with conditions, BU-2, or IU zoning where the Code lists “processing, packing, storage. . .of food, beverage, and tobacco products” as allowable uses. Motion carried and ordered; Commissioners Higgs and Colon voted nay.

Commissioner Carlson inquired what does Chapter 86, Article IV say about agricultural pursuits; with Mr. Scott responding Chapter 86 outlines conditions that roadside stands need to adhere to and further refines the type of sales set up they would have on a farm to sell the goods raised on the farm on the roadside. Commissioner Carlson stated with that understanding, and

knowing Mr. Harvey and others who have done this sort of pursuit, it would seem they would have vested rights since they have been doing it for all those years, and the actual application of the Code has not been the case. Chairman Scarborough stated it can go either way.

The meeting recessed at 4:13 p.m. for an executive session, and reconvened at 4:57 p.m.

AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RE:
HAZARDOUS MATERIALS PLANNING ANALYSIS UPDATE

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Agreement with Florida Department of Community Affairs for funding assistance for Hazardous Materials Planning Analysis Update; and authorize the County Manager or his designee to execute any documents or modifications to the Agreement. Motion carried and ordered unanimously.

RESOLUTION, RE: PROPOSED CHARTER AMENDMENT ESTABLISHING PROCEDURE
FOR CONDUCTING INDEPENDENT REVIEWS

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution calling for a special election on November 5, 2002 on the question of whether a new Section 7.A of the Home Rule Charter should be created to provide for an independent review of the constitutionality and validity of proposed Charter amendments sponsored by the County Commission and Charter Review Commission prior to placement on the ballot, changing “and” to “or” between County Commission and Charter Review Commission. Motion carried and ordered; Commissioner Colon voted nay.

SPEED HUMP REQUEST, RE: PENNSYLVANIA STREET

Motion by Commissioner Colon, seconded by Commissioner Higgs, to approve request for installation of speed humps on Pennsylvania Street in National Police Foundation Subdivision as requested by the property owners and residents. Motion carried and ordered unanimously.

DISCUSSION, RE: 16TH NATIONAL TRAILS SYMPOSIUM CONTRIBUTION

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to approve contribution of $5,000 from the General Fund to support the 16th National Trails Symposium to be held November 10 through 13, 2002 at Disney’s Coronado Springs Resort. Motion carried and ordered unanimously.

DISCUSSION, RE: MEMBERSHIP IN CITIZENS FOR A SCENIC FLORIDA

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to table discussion on membership in Citizens for a Scenic Florida. Motion carried and ordered unanimously.

DISCUSSION, RE: PAYMENT OF EXPENSES TO ROLAND R. CARLSON FOR
LOSS OF PROPERTY

The Board took no action to pay all expenses for loss of property as requested by Roland R. Carlson.

DISCUSSION, RE: ABOLISHMENT OF PORT ST. JOHN DEPENDENT SPECIAL
DISTRICT ADVISORY BOARD

Linda McKinney of Port St. John advised she is not a member of any organization, committee, league, or pack; and she is an individual who took the time to do some research and found out some stuff that she did not like and decided to bring it to the Board. She thanked Commissioner Scarborough’s staff Liz, Kathy, and Rene, and Assistant County Manager Peggy Busacca, and Sally Lewis, noting they were all nice to deal with. She requested the Board abolish the Port St. John Advisory Board; stated on July 10, 2002, she sent a Freedom of Information Act request to Carmine Ferraro, who is the present Chairman of the Advisory Board, and she also sent one to Bill Bender who was last year’s Chairman; and Mr. Bender has responded, but neither Carmine Ferraro or Amy Tidd responded to her request. She stated there are many reasons to abolish the board that is conducting Port St. John for Tomorrow business, which is a political action committee, on board time; and it ignored the Sunshine law to such an extent that on July 10, 2002, when she went to Chairman Scarborough’s office to investigate them, the last minutes he had available were from November 2000 even though the board heard two cases in 2001. She stated the board has violated its own bylaws and the Ordinance that created it, not just once, but numerous times; and the public interest is in question. Ms. McKinney advised in the 1996 Election, there were 18 candidates and 9 were elected; in 2000 six of the seven seats were available but only five candidates applied for the positions; one seat was left empty until the board voted on a replacement candidate; so the public interest has dwindled along with the board’s usefulness. She stated it has gone from a high of 18 cases in 1998 to zero this year; there may be others who will speak in favor of the board, but she speaks in favor of the laws and right and wrong; and the board has done enough wrong to merit getting rid of it.

Carmine Ferraro, Chairman of the Port St. John Dependent Special District Board, advised he prepared a letter addressing each point made by Ms. McKinney in her information sent to the Commissioners; he can address those one at a time, or the Commissioners can read the letter and ask him specific questions. He stated the board serves an important purpose and continues to provide the Board of County Commissioners with good sound recommendations regarding pertinent planning and zoning issues affecting Port St. John; and the Board took bold groundbreaking steps in establishing the advisory board and creating a localized forum by which all citizen input could be heard and considered in rendering a decision or recommendation either to support or deny planning and zoning actions. Mr. Ferraro stated in regard to Ms. McKinney’s request and well prepared letters, he supports any citizen’s right to hold his/her public officials accountable; however, in this case, many of her allegations are without merit; and her conclusion in asking for abolishment of the advisory board can be likened to an over reactionary decision of a doctor who takes a minor injured patient and terminates his life as a remedy of those injuries. He stated if the Board finds any of her allegations have substantiation and merit, then several other constructive actions can be explored, mainly regular communication with County staff and the Board and orientation of newly-elected board members, the chair, and vice chair. Mr. Ferraro stated if the Board finds that any board member has breached the public trust or did anything that can be considered unethical or in such a way as to tarnish the County’s reputation, then the Board or any regulatory agency should ask the offending members be removed from office and/or report it to the proper agency for investigation. He stated abolishment should only be considered in the event no other remedy can work and the infection is so severe and detrimental that the only course of action is termination or abolishment. He stated he is confident that the Board will see, although the advisory board had some minor problems relating to updating of its bylaws, appointment of a recording secretary, and misinformation on the website, the allegations of Ms. McKinney in no way meet the threshold for abolishing the board.

Nicki Kisner of Canaveral Groves, advised Canaveral Groves is a neighbor of Port St. John; there have been a number of instances where the advisory board has given Canaveral Groves the heads up on things that would affect their community and that they would not have known of if they had not been informed by Port St. John; so the advisory board serves a good purchase. She stated she attended a number of its meetings on incorporation; the hostility level was unbelievable; she saw actions that were very unnecessary; and as far as this item goes, she feels it has its roots in the hostility shown at the meetings. She suggested the Board not take any action to abolish the advisory board as it would be ill-advised; and stated she supports the advisory board.

Richard Mickle of Port St. John, stated some of the allegations that have been leveled need to be looked at seriously; he hopes the Board has gotten all the information that would allow it to do that; and inquired if the board is not abolished, is there a possibility that it can be set aside for a while and revisited to find out what caused the problems that brought it to this point. He stated some of the decisions made by the advisory board in the past have been helpful; and the possibility of that continuing under different circumstances might be helpful to the community.

Peter Costello of Port St. John stated he is here to support Ms. McKinney and ask the Board to take her request into consideration.

Mary Tees of Port St. John, speaking as an individual, stated she supports the Port St. John Advisory Board because that is the only way Port St. John has of expressing its concerns regarding zoning changes within the community. She stated previous to the formation of the board and election of members, there were numerous requests for zoning changes at the corner of Fay and Grissom and commercial intrusion onto the west side; and since the advisory board has been in existence, the number of requests for zoning changes this year decreased to zero. She stated they are not opposed to commercial development, only its intrusion into the residential areas; it is the last truly residential community in Brevard County, and will remain that way; but if the Board dissolves the advisory board, it will not; and 23,000 residents would not have representation on the LPA. Ms. Tees stated Canaveral Groves has a member on the LPA; and it is his opinion, by his past voting record, everything is okay as long as it is not in his backyard. She stated the new Port St. John Parkway will be commercially developed along with major portions of the total acreage being sold to the Nature Conservancy; having input to the overall plan for Port St. John Parkway is important for the residents and the community; and in the next general election, the community will be voting on an incorporation referendum. She stated if the Port St. John residents desire and vote yes on incorporation, any action taken today will be moot; the Board could allow voters of Port St. John to decide whether or not they want to dissolve the advisory board; and if the advisory board is found in violation of the Sunshine law when discussing issues that do not pertain to any zoning or land use changes, then they must take a hard look at the Sunshine law as it pertains to advisory board members covering County business. She stated a group of citizens discussing ways of disseminating information to residents in the community cannot be construed as a Sunshine law violator; this action taken by Ms. McKinney must be viewed as what it truly is, an action taken by a disgruntled individual who has never attended an advisory board meeting, never served the community in any way or anywhere in Brevard County as a volunteer, and someone who attempts to discredit the members of the advisory board who are active in Port St. John for Tomorrow and support incorporation of Port St. John, which she vehemently opposes.

Maureen Rupe of Port St. John stated the meetings in question were not official meetings with any planning, zoning, or land use decisions made; it was made clear to them by the Board, their authority was advisory only and could only pertain to planning and zoning; and if they wish to advise on any other issue, it must come before the Board. She stated they were told by the County Attorney they could meet to discuss matters relative to Port St. John and the County would notice those meetings; and the minutes show the meetings were informational only and no actions were taken. She stated apparently the minutes have to be sent to the County Manager; it was not done, but it has been three and a half years since then with no follow-up by the County; that does not mean the advisory board is not responsible, it is; and she assured the Board it will not happen again. She advised the recording secretary is not elected and does not vote; that can be corrected easily with an amendment to the bylaws; the April 4, 2001 unofficial meeting of the advisory board was to inform it the funding for the feasibility study was before the Board of County Commissioners; but Ms. McKinney has chosen to object to just that one piece of information out of many. Ms. Rupe advised the article in The Happenings of October 2001 was not written as the advisory board; it says Port St. John for Tomorrow; and she was informing people of decisions made by the advisory board. She stated The Happenings is full of information, so is every newspaper in the world; but once again Port St. John for Tomorrow community group is targeted. She stated Randy Rodriguez is the Editor of The Happenings and could not be here because he is attending the birth of a grandchild; but he wanted her to say the advisory board’s decisions used to be reported in The Happenings; he asked around the community for someone to do that service; and Port St. John for Tomorrow was the only one that picked up the ball. She stated she has not chekced on Ms. McKinney’s reference to Department of Community Affairs, but believes the State Districts created by legislation impacts more than one government agency, such as St. Johns River Water Management District; and there is a difference between the State and County special districts. She requested the Board direct the advisory board to discontinue the meetings that have no official business conducted and be assured a lesson has been learned; stated a citizen scrutiny brought to light the minutes were not filed, but should have been; and what prompted the scrutiny was the fact that three members of Port St. John for Tomorrow are members of the advisory board and have been there long before the incorporation question. She stated all the boards in Port St. John consist of people on multiple boards because it is always the same people who volunteer; and it is perfectly legal to be on multiple boards. Ms. Rupe stated she has been on the Port St. John Library Board for ten years, but that is never mentioned in any accusations because they cannot think of anything to use politically. She requested the Board continue the Port St. John advisory board; and stated she wished the complaint had been brought forward out of concern for the community, but she thinks it has been brought with a mean spirit and a personal agenda.

Chairman Scarborough apologized to the people who had to stay so late; stated normally when there are many speakers on both sides of an issue, he schedules a time certain; however, he ran out of time certains for this meeting. He stated the first question is about the proceedings; the Port St. John for Tomorrow issue is more a political concern than a legal concern; however, the legal concerns are the Board’s concerns regardless if there is a political issue there or not. He stated the Board needs to assure itself that those issues are completely resolved regardless of how it wants to handle the matter politically.

Commissioner Colon advised the Board had other issues before with advisory boards that acted a certain way; it took action to make sure those things did not happen again, but it did not do away with the board; and she sees this issue the same way. She stated a constituent brought it to the Board’s attention; the Board needs to make sure everything is in order; but it should continue with the advisory board because she sees the positive benefit and the fact that they always have the opportunity to protect their community, and citizens were always aware of those meetings. She stated she has no intention of abolishing the Port St. John Dependent Special District Advisory Board.

Commissioner Higgs stated she agrees with Commissioner Colon, but they need to be refreshed of the rules and procedures and about the Sunshine law; the Board needs to reaffirm that the business of the advisory board is the business that the Board refers to it and that is when it meets; and the minutes need to be officially filed. She stated if every time a member of Congress did something wrong they were terminated, there would be no Congress; county commissioners from other counties were indicted, but the Governor did not abolish the county commission; however, the individuals were held accountable. She stated the advisory boards have done a good job for the Board; she wants to see them continue and wants to see them meet on the issues referred to them regarding planning and zoning; and she hopes staff will insure the minutes are kept by the County. She stated they need to be sure they operate correctly; and individuals need to be retrained or re-educated regarding the issues to make sure everybody is clear on what is required. She suggested the County Attorney could meet with them so there is no confusion.

Chairman Scarborough stated the Board needs to be more proactive in getting the information on what procedures mean because it cannot assume people understand all the rules and regulations; and the minutes must be kept by the chair or secretary and meet the requirements of how they are supposed to be kept.

Commissioner Carlson stated she agrees with Commissioner Higgs in terms of proper follow through by staff to make sure they get the minutes in-house to support the fact things are happening in the sunshine. She inquired if Merritt Island Special Dependent District Board asked for more flexibility in discussions and were denied; with Commissioner O'Brien responding he had great concerns with that and expressed it at that time; he felt the advisory board should be restricted to zoning issues to prevent what is happening here; but he does not recall what action the Board took. He stated all the advisory boards should be very specific in what they do. Commissioner Carlson inquired if that means when they have an agenda to deal with they cannot bring up other issues while they are in session; with County Attorney Scott Knox responding the Board created those entities by Ordinances; and they are all designated to do specific things; so if they want to go beyond that, they have to come back to the Board for approval. Commissioner Carlson inquired if the Board voted to give the Merritt Island board more flexibility; with Planning and Zoning Director Mel Scott responding he recalls that issue was brought to the Board and the Board decided not to give the additional latitude to the Merritt Island board. Commissioner Carlson stated the Board should send the same message to the Port St. John board.

Commissioner O'Brien advised the Board should redefine the Port St. John Dependent Special District Advisory Board’s purpose; originally it was just for zoning issues, which was the methodology used by other districts to have input on the local level that is brought to the Board as advice; but it was expanded to talk about anything they want to talk about. He stated perhaps it has become politicized; he did not enjoy what he read in the reports about the board; and the Board’s goal should be to keep it to zoning matters and to advise the Board of County Commissioners on zoning matters. He stated if they want to meet and discuss the future of Port St. John, overlays, or whatever, that should be outside of the advisory board; and they can use the hall the same day before or after the advisory board meeting, but those functions need to be separate.

Commissioner Carlson stated the Port St. John board is made up of seven members and three are PAC related; and that is where some of the issues came up. Ms. McKinney requested to address the issue since she brought the complaint to the Board; with Commissioner Carlson responding she is just making a comment for the Board, and advised Ms. McKinney that she needs to sit down.

Commissioner O'Brien stated they have the same problem with North Merritt Island Dependent Special District Advisory Board; although there was supposed to be an election, nobody ran for office, so they used five volunteers; it is indicative of a real problem that the advisory board at the outset may have been a good idea, but the public interest has waned and it is costly for the Board to send an attorney to those meetings.

Chairman Scarborough advised when people go before the Zoning Board, there are people voting who have not even driven through the community or seen the property; that is the problem; and that is why the Board got people who know about the community. He stated sometimes they do not know the situation unless they drive by the property; they can review all the reports and everything else, but until they are out there, it does not come home; and that is why the Board had the incentive to go in the direction of advisory boards. Commissioner O'Brien stated that is true, but the boards are becoming mostly appointees or volunteers rather than elected officials; and there is a different sense of the environment.

Commissioner Carlson stated the advisory boards have done a good job; and inquired if the Board specifies exactly what issues they can talk about, does that alleviate the ability for them to come to the Board and say this is an issue they want to discuss that has to do with planning and zoning, and the Board can allow them to have that meeting. Commissioner O'Brien stated as long as it is related to planning and zoning. He stated the Board needs to redefine what the advisory boards are there for. Commissioner Higgs stated they are there to review zoning and Comprehensive Plan amendments. Commissioner O'Brien recommended staff ensure that is what the Ordinances say.

Chairman Scarborough stated the Board needs to look at where it is, what it can do, and how it can make them work better; and recommended staff put together a memo of their thoughts and bring it back to the Board.

Commissioner Colon stated she agrees with the Board being able to make sure there is accountability; and Ms. McKinney may not be happy with the outcome because she wanted the board abolished, but she wants to thank her for bringing the information forward as discussion has started. She stated she was not happy with some of the information she received; there has to be accountability by all advisory boards; and even though the Board may not be happy with some of the things that happened, she thanks Ms. McKinney because the Board would not have realized that minutes were not being taken and that direction is not being followed that the advisory board is to strictly talk about zoning issues. She stated the community center is a public building to hold meetings; and they can meet, but in a different capacity. She stated the Board needs to set the record straight.

Chairman Scarborough advised Ms. McKinney the Board will be coming back to the subject later, and will keep her posted; and hopefully they can get a time certain next time.

OPTIONS TO REMEDY BOARDWALK CONDOMINIUM CODE VIOLATION, RE: PARKING
AND STORAGE OF RV’S, BOATS, AND TRAILERS

Chairman Scarborough advised Attorney Baker was not present earlier when his item was before the Board, so he will go back to it now.

Attorney Doug Baker advised they are seeking to have the Boardwalk Condominiums declared as nonconforming use and to grandfather it in; and he will bring up a few points on that issue.

Chairman Scarborough advised he talked to Mel Scott and it seems to be the custom and practice that the parking area has been used for parking and storage of RV’s, boats, and trailers, and it is the common understanding; and he does not have a problem if someone wants to make a motion to approve it. He stated nonconforming use would allow them to continue the practice they are all following; and if that is acceptable, there is no reason for a full presentation.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to determine that the parking of recreational vehicles, boats, and trailers at Board walk Condominiums be designated as a nonconforming use. Motion carried and ordered unanimously.

REPORT, RE: EXECUTIVE SESSION

Chairman Scarborough inquired if there is another executive session; with County Manager Tom Jenkins responding yes, on labor negotiations and contract; and inquired if the Board wants to continue it until Thursday.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to continue the executive session until the afternoon of July 25, 2002. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 5:36 p.m.

ATTEST: _________________________________
TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
___________________
SCOTT ELLIS, CLERK

(S E A L)