November 20, 2001

The Board of County Commissioners of Brevard County, Florida, met in regular session on November 20, 2001, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Susan Carlson, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Rami Sabawi, Representative of the Islamic Society of Brevard County.

Commissioner Jackie Colon led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve the August 28, 2001 Regular Meeting, September 6 and October 4, 2001 Zoning Meetings, and September 12, 2001 Special Meeting Minutes. Motion carried and ordered unanimously.

PRESENTATION OF CHECK, RE: COUNTRY ACRES

Paul Cummings, President of the Boeing Employees Community Fund, stated on behalf of the Boeing Employees Community Fund he would like to present a check in the amount of $2,500 to Country Acres to continue to do the good work it is doing.

Tracy Higginbotham, President of Country Acres Auxiliary, expressed appreciation to the Boeing Employees Community Fund; stated the money will go toward the betterment of the children and Country Acres Parental Home; and hopefully both agencies can partner for the future.

The Board accepted a check from the Employees Community Fund of Boeing Florida for $2,500 for Country Acres.

PULLED ITEMS, RE: CONSENT AGENDA

Commissioner Higgs requested Item III.E.1.A. be pulled from the Consent Agenda for discussion. She stated staff pulled Item III.B. 3. from the Consent Agenda, which was an acquisition; if it is necessary to have the item on the November 29, 2001 zoning agenda, it can be handled then; however, she would rather the item be discussed at a regular meeting. Chairman Carlson stated Items III.D.2. and III.D.4. need to be pulled from the Consent Agenda for discussion by individuals in the audience.

TOWN MEETING, RE: PALM BAY

Commissioner Colon wished everybody a happy Thanksgiving on Thursday. She noted that she had a Town meeting in Palm Bay on Saturday; ideas were shared with the citizens; and in January 2002, the Town meeting will be at the beaches, the February 2002 meeting will be in Melbourne, and the March 2002 meeting will be in Palm Bay.

LETTER OF SUPPORT, RE: DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize a letter in support of the Acquisition and Restoration Council for Brevard County's projects, based on the rankings of Department of Environmental Protection's Florida Forever for Brevard Coastal Scrub Ecosystem, Indian River Lagoon and Blueways, and the Archie Carr Refuge. Motion carried and ordered unanimously.

REQUEST FROM FLORIDA ASSOCIATION OF COUNTIES, RE: SOLIDARITY
TO STATE LEGISLATORS FOR NEXT SESSION

Chairman Carlson stated she received a request from the Florida Association of Counties (FAC) to get as many county commissioners as possible to the State Capitol on November 28 and 29, 2001 to show solidarity to the State Legislators for the next session; the Board members have heard about the opposing ideals between FAC and Representative Fasano's office; and the FAC would like to see as many commissioners as possible holding together to fight any obvious cost shifts that may come down to the counties. She noted the FAC requested the commissioners wear black to show that they are mourning over the dying budgets; it might be a point of interest as well; it is a serious issue at the State; and all commission support up there in terms of the Legislature would be appreciated by the FAC, as well as the people back home.

RECOGNITION, RE: CITIZENS ACADEMY GRADUATES

Maria Asante, Special Projects Coordinator for the County Manager's Office, stated she is present this morning to present to the Board the second graduating class of the Brevard County Citizens Academy; this group of Citizens Academy students started September 19, 2001, with 15 citizens attending morning classes; the Citizens Academy is a free eight-week educational program consisting of one two-hour meeting per week and one half day Saturday tour; County Departments were involved in the planning stages, as well as being guest lecturers; and these Departments and Offices include the County Manager's Office, Space Coast Government TV, Public Safety, Emergency Management, Animal Services, Water Resources, Solid Waste, Natural Resources, Agriculture and Extension Services, Mosquito Control, Transportation Planning, Transit Services, Public Works, Parks and Recreation, Library Services, Housing and Human Services, Juvenile Justice, Commission on Aging, Veterans Services, Planning and Zoning, and Permitting and Enforcement. Ms. Asante stated evaluations were conducted after each session and the Academy and presenters consistently received very positive feedback; the next session for the Citizens Academy will begin in March, 2002; it will be offering both day and evening classes; and citizens may register on the County's web site or call 633-2010 and request an application from the County Manager's Office. She noted applications are accepted on a first come, first served basis.

Barbara Jagrowski stated on behalf of the second class of the Citizens Academy, she wants to thank the Board for offering this opportunity to the Brevard residents; they have learned so much about the workings of County government; County staff has been a delight; and anyone in the audience or watching at home who wants to learn more about their County and where their tax money is going, should sign up for the class as they will not be disappointed.

Ms. Asante presented the diplomas to members of the second graduating class of the Citizens Academy, including Arnold Adcock, Gerelyn Adcock, Lucia Greenmeier, Carol L. Hurst, Barbara Jagrowski, Robert E. Lawton, Bob Milvae, William Signler, and Daniel F. Sullivan.

County Manager Tom Jenkins stated there were several participants that had to miss a class; and they will be making up the classes and graduate the next time.

RESOLUTION, RE: PROCLAIMING FARM-CITY WEEK

Chairman Carlson read aloud a resolution proclaiming November 16 through 22, 2001, as Farm-City Week in Brevard County; and passed the gavel to Vice Chairman Scarborough.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Resolution proclaiming the week of November 16 through 22, 2001, as Farm-City Week in Brevard County, and calling upon all citizens of the community to participate in joint visits, seminars, pageants, fairs, civic and social events conducted during Farm-City Week. Motion carried and ordered unanimously.

Commissioner Carlson presented the Resolution to Lowell Loadholtz.

Lowell Loadholtz, member of the Brevard County Farm Bureau Board of Directors, expressed appreciation to the Board and staff for the Resolution; stated Farm-City Week is a national week of celebration that goes on throughout the country; and a $32 million agricultural industry still exists in Brevard County. He stated on December 4, 2001, the Rotary Club of Cocoa will be celebrating a Farm-City celebration; perhaps the Chairman could attend the celebration and present the Resolution again; he will contact the Chairman's Office; and other activities are also taking place in Brevard County.

Chairman Carlson stated Brevard County appreciates the agricultural community.

Vice Chairman Scarborough passed the gavel to Chairman Carlson.

RESOLUTION, RE: PROCLAIMING DECEMBER 1, 2001 AS WORLD AIDS DAY

Commissioner Colon read aloud a resolution proclaiming December 1, 2001 as World AIDS Day.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution proclaiming December 1, 2001, as World AIDS Day and urging all citizens to take part in activities and observances designed to increase awareness and understanding of HIV/AIDS as a global challenge, to take part in HIV/AIDS prevention activities and program, and to join the global effort to prevent the future spread of HIV/AIDS. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: PINEDA CROSSING, PHASE 4

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final plat approval for Pineda Crossing, Phase 4, subject to minor changes, if necessary, and receipt of all necessary documents required for recording; and execute Contract with Pineda Crossing Corporation for the project. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: TROPICAL PARADISE

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant final plat approval for Tropical Paradise, subject to minor changes, if necessary, and receipt of all necessary documents required for recording. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT FOR INDIAN LANDING, PHASE I

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution releasing the Contract dated August 14, 2001 with Floridron Ltd., Inc. for improvements to Indian Landing, Phase I. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT FOR INDIAN LANDING, PHASE III

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution releasing the Contract dated October 24, 2001 with Floridron Ltd., Inc. for improvements to Indian Landing, Phase III. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: WINDEMERE SHORES

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

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: AMENDMENTS TO THE
ZONING CODE FOR CONSISTENCY WITH UPDATED FUTURE LAND USE
ELEMENT

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant permission to advertise a public hearing to consider an ordinance containing amendments to the Zoning Code to maintain consistency with the recently updated Future Land Use Element of the Comprehensive Plan. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ZONING ORDINANCE TO
INCLUDE LAND USE COMPATIBILITY GUIDELINES MATRIX

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant permission to advertise a public hearing to consider an ordinance to include a Land Use Compatibility Guidelines Matrix in the Zoning Regulations. Motion carried and ordered unanimously.

ACKNOWLEDGEMENT, RE: ANNEXATION BY CITY OF WEST MELBOURNE

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to acknowledge receipt of an annexation by the City of West Melbourne of five acres at John Rodes Boulevard north of Sheridan Road, reviewed by County Departments, and found to be consistent with Chapter 171, Florida Statutes. Motion carried and ordered unanimously.

ACKNOWLEDGEMENT, RE: ANNEXATION BY CITY OF MELBOURNE

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to acknowledge receipt of an annexation by the City of Melbourne of approximately 5.2 acres at the southwest corner of Dairy Road and Eber Road, reviewed by County Departments, and found to be consistent with Chapter 171, Florida Statutes. Motion carried and ordered unanimously.

HIGHWAY MAINTENANCE AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION, RE: SOUTH A1A LANDSCAPE REDESIGN PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the Public Works Director to enter into a Highway Maintenance Agreement with Florida Department of Transportation allocating $75,000 in funding to redesign and improve the landscaping along South State Road A1A from Long Point Road to Atlantic Drive. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: BAMBOO AVENUE

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve installation of speed humps on Bamboo Avenue, located in Port St. John Subdivision, in Section 21, Township 23 South, Range 35 East. Motion carried and ordered unanimously.

AGREEMENT WITH PREGNANCY RESOURCES, INC., RE: CHOOSE LIFE
PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Agreement with Pregnancy Resources, Inc. to provide a Choose Life Program to counsel and meet the physical needs of pregnant women who are committed to placing their children for adoption, with term of Agreement from November 20, 2001 through November 20, 2002, in the amount of $15,538.79. Motion carried and ordered unanimously.

APPROVAL, RE: LIBRARY SYSTEM FY 2002 PLAN AND UPDATED LONG-RANGE
PLAN

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve the Library System FY 2002 Plan and Updated Long-Range Plan. Motion carried and ordered unanimously.

RESOLUTION, RE: SUPPORTING FUNDING FOR FLORIDA FOREVER

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution supporting continued funding for the Florida Forever Program. Motion carried and ordered unanimously.

NAMING BEACH ACCESS, RE: CHRIS' BREAK

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve the official naming of the beach access at Atlantic Avenue in Melbourne Beach as Chris' Break in honor of Christopher Gooch who drowned in a surfing accident at this location. Motion carried and ordered unanimously.

AGREEMENT WITH AFL-CIO, IAFF LOCAL 2969 LABOR UNIT, RE: COLLECTIVE
BARGAINING FOR FIREFIGHTERS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Agreement with the AFL-CIO, IAFF Local 2969 Labor Unit of Brevard County Fire/Rescue, effective November 20, 2001 through September 30, 2002. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: EMS ADVISORY COUNCIL

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to reappoint Joanne Corby, William Farmer, Nancy Smith, Susan Key, Janice Bradley, Fran Jastrzembski, and Bruce Olseen; and appoint Barbara Ozmar, Joe Goodwin, Don Cochran, Wayne Butler, Frank Ennist, Tim Matson, Gene Harrell, Scott Schein, and Barbara Ake to the Emergency Medical Services Advisory Council, with terms of appointments expiring January 1, 2004. Motion carried and ordered unanimously.

AGREEMENT WITH MEDTRONIC PHYSIO-CONTROL, RE: MAINTENANCE AND
REPAIR SERVICES FOR CARDIAC DEFIBRILLATORS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Agreement with Medtronic Physio-Control for maintenance and repair services of Medtronic Life Pak Cardiac Defibrillators. Motion carried and ordered unanimously.

RESOLUTION AND JOINT PARTICIPATION AGREEMENT, RE: SPACE COAST
AREA TRANSIT SECTION 5311 (RURAL TRANSIT) GRANT FUNDS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution and execute Joint Participation Agreement with Florida Department of Transportation to allow for the allocation of $60,000 in Space Coast Area Transit Section 5311 (Rural Transit) Grant Funds for the 2001 Fiscal Year. Motion carried and ordered unanimously.

LETTERS OF APPRECIATION, RE: BREVARD COUNTY SHORE PROTECTION
PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the Chairman to execute letters of appreciation to the Honorable Dave Weldon, Honorable Bob Graham, Honorable Bill Nelson, Honorable Bill Young, Honorable Robert Byrd, Honorable Ted Stevens, Vice President Dick Cheney, and Governor Jeb Bush, thanking them for their support of the FY 2002 Energy and Water Conference appropriation, which included $6 million for the South Reach construction of the Brevard County Shore Protection Project. Motion carried and ordered unanimously.

DELAY OF PUBLIC INTEREST DETERMINATION FOR DREDGING PROJECT, RE:
VISTAR REALTY

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to delay the public interest determination for the proposed maintenance dredging project in the North Nikomis Way Canal in the Sunnyland Beach area by Vistar Realty to December 18, 2001. Motion carried and ordered unanimously.

SOVEREIGN SUBMERGED LANDS EASEMENT AGREEMENT WITH BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA, RE: USE OF STATE LANDS AS BORROW AREA FOR
SHORE PROTECTION PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Sovereign Submerged Lands Easement Agreement with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida to permit the use of specified submerged State lands as a sand borrow area for construction of the South Reach of the Brevard County Shore Protection Project. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION, RE: DERELICT VESSEL REMOVAL

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Agreement with Florida Fish and Wildlife Conservation Commission for derelict vessel removal; grant permission to quote and award to lowest quote for removal services for derelict vessels; and authorize the Solid Waste Management Director to execute Change Orders to the Agreement. Motion carried and ordered unanimously.

CERTIFICATION OF FINANCIAL RESPONSIBILITY, RE: SOUTH BEACHES
REGIONAL WASTEWATER SYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the Water Resources Director to execute the Certification of Financial Responsibility for the South Beaches Injection Well System. Motion carried and ordered unanimously.

AWARD OF BID #B-4-01-85 AND CONTRACT WITH J.A.M. CONSTRUCTION
SERVICES, INC., RE: SOUTH BEACHES WASTEWATER TREATMENT
PLANT HEADWORKS RENOVATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to award Bid #B-4-01-85, South Beaches Wastewater Treatment Plant Headworks Renovations, to J.A.M. Construction Services, Inc. at a total price of $804,522.60; and authorize the Chairman to execute the Contract with J.A.M. for the project. Motion carried and ordered unanimously.

CHANGE ORDER NO. 4 AND FINAL PAYMENT WITH WHARTON-SMITH, INC., RE:
CONSTRUCTION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT PLANT EXPANSION

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Change Order No. 4 and final payment to Wharton-Smith, Inc. for construction of the South Central Regional Wastewater Treatment Plant Expansion, decreasing the contract amount by $320,384.70 for a new contract total of $5,822,781.67. Motion carried and ordered unanimously.

APPROVAL, RE: INTERNAL AUDIT PLAN FOR FY 2001-2002

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve the Internal Audit Work Plan, as recommended by the Internal Audit Committee, for FY 2001-2002. Motion carried and ordered unanimously.

APPROVE STANDARDIZATION AND PURCHASE OF EQUIPMENT, RE: MOBILE
PUMPS USED BY WATER RESOURCES DEPARTMENT

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve standardization to ACME Dynamic Quiet Zone mobile pumps to be used by Water Resources Department; and authorized purchase of such equipment through the sole source of Acme Dynamics, Inc. Motion carried and ordered unanimously.

WRITTEN NOTICES OF CONTRACT RENEWAL WITH CLEANNET OF CENTRAL
FLORIDA, RE: COUNTYWIDE JANITORIAL SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Written Notices of Contract Renewal for CleanNet of Central Florida, Inc. for Countywide janitorial service. Motion carried and ordered unanimously.

RESOLUTION, RE: APPROVING ISSUANCE OF SINGLE-FAMILY MORTGAGE
REVENUE BONDS BY BREVARD COUNTY HOUSING FINANCE AUTHORITY

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, approving the issuance by the Brevard County Housing Finance Authority, individually, or jointly with another Florida Housing Finance Authority or solely by such other Florida Housing Finance Authority of not to exceed $50,000,000 Single-Family Mortgage Revenue Bonds, Series 2002, to be issued for the principal purpose of financing the purchase of single-family, owner-occupied homes for persons of moderate, middle, or lesser income within the Authority's area of operation; and providing an effective date. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING RENEWAL OF COMMERCIAL PAPER LOAN
DRAW NO. A-6-2

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, authorizing the borrowing of $182,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the terms of the Loan Agreement between the Commission and the County in order to refinance a loan previously made to the County to refinance certain capital improvements within the County; authorizing the execution of a loan note or notes to evidence such borrowing and agreeing to secure such borrowing with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the Loan Agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. Motion carried and ordered unanimously.

RESOLUTION, LOAN AGREEMENT, AND APPROVE BUDGET CHANGES, RE:
PLEDGING TDC TAX REVENUE FOR SOUTH REACH SHORE PROTECTION
PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, agreeing to participation in the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission; authorizing and directing execution and delivery of a Loan Agreement (Tourist Development Tax) with the Florida Local Government Finance Commission; authorizing the borrowing of not to exceed $5,000,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the terms of the Loan Agreement in order to finance the acquisition and construction of certain beach renourishment capital improvements within the County; authorizing the execution of a loan note or loan notes to evidence such borrowing and agreeing to secure such borrowing with a pledge of certain Tourist Development Tax Revenues as provided in the Loan Agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date; execute Loan Agreement pledging TDC tax revenue for the South Reach Shore Protection Project; authorize the Chairman and County Attorney to sign necessary loan documents; and authorize staff to make necessary budget changes. Motion carried and ordered unanimously.

AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS AND
AUTHORIZATION FOR COUNTY MANAGER TO EXECUTE AGREEMENTS
WITH MUNICIPALITIES AND SPECIAL DISTRICTS, RE: STATEWIDE
MUTUAL AID

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Statewide Mutual Aid Agreement with the Department of Community Affairs; and authorize the County Manager to execute Agreements with each individual municipality and special district located within the boundaries of the County, contingent upon County Attorney and Risk Management approval. Motion carried and ordered unanimously.

AUTHORIZE USE, RE: CURRENT CHAIRMAN'S SIGNATURE PLATES

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant permission to continue the use of the current Chairman's signature plates for signing the Payroll and Accounts Payable checks until new signature plates can be obtained with the new Chairman's signature. Motion carried and ordered unanimously.

AUTHORIZE EXECUTION OF SATISFACTIONS OF JUDGMENT, RE: RELEASE OF
PUBLIC DEFENDER LIENS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the County Attorney's Office to prepare and execute Satisfactions of Judgment when Public Defender liens have been released. Motion carried and ordered unanimously.

APPROVE AWARD, RE: COUNTY COMMUNTY CULTURAL GRANTS

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve payment of grants as recommended by the Brevard County Community Cultural Grants Panel at its meeting on October 12, 2001, as follows: Space Coast Art Festival - $8,384, Brevard Symphony Orchestra - $11,499, Surfside Playhouse, Inc. - $8,384, Melbourne Art Festival - $10,061, Melbourne Municipal Band - $5,031, Strawbridge Art League - $431, VSAarts - $6,468, WFIT - $11,499, Cocoa Village Playhouse - $11,499, Space Coast Pops - $5,749, Museum of Art & Science - $10,061, Henegar Center - $12,936, Brevard Museum of History & Science - $11,499, and Titusville Playhouse - $11,499. Motion carried and ordered unanimously.

REAPPOINTMENT, RE: TITUSVILLE-COCOA AIRPORT AUTHORITY

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to reappoint Jay Schenck to the Titusville-Cocoa Airport Authority, with term of appointment expiring July 7, 2004. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

RESOLUTION, RE: REESTABLISHING CITIZENS BUDGET REVIEW COMMITTEE

Dale Young stated the second paragraph of the resolution says, "Whereas, a Citizens Budget Review Committee (CBRC) consisting of members of the Brevard County community would allow for additional detailed review at the budget process by the citizenry"; in the second paragraph, the County limits the CBRC to attending the annual workshops to two or three; and it would not allow for a very detailed review of the budget process. He noted there had been some criticism earlier of the performance of the Committee in the past; there were comments from Roger Dobson and Bob Linn that the Committee might have been non-productive; he brought the reports that those individuals filed when they Chaired the Budget Committee; and there were extensive reports from 1995 through 1998 presented to the Board for its review and action. Mr. Young stated it appears in 1999 and 2000 that the Committee members fell short in producing anything of quality; the Committee should be retained and meet on a regular basis; it had been given the task of the sunset review put out by the County Manager in 1997; and the Committee was requested to review various Ordinances to see if any of them were outdated. He noted the Budget Committee has a year-round function; and requested such Committee be retained on a yearly basis with regular meetings.

Commissioner Colon stated if there is no one interested in a certain Commissioners' District to serve, it would be a problem for the Commissioners to be able to pick an appointment at-large; there were two Commissioners who had not had an opportunity to appoint someone; and she does not know if it was because they had a hard time finding someone in their District or not.

Commissioner Scarborough stated he does not have a problem having at-large appointments; the budget is a Countywide budget; and the Board wants to get the most competent people available.

Chairman Carlson inquired is there a change that needs to be made to allow the at-large appointments. County Manager Tom Jenkins responded the at-large appointment language could be included in paragraph 1. Chairman Carlson noted the language that reads, " . . . and reside in the District of the Commissioner . . ." needs to be deleted.

Commissioner Colon stated Commissioner Higgs wanted to make sure that the Committee did not meet all the time; and inquired if the Committee were to meet during the workshop, would Paragraph 2 give the Committee an opportunity outside of the workshop to meet as a group. Mr. Jenkins responded on Item 4, if the Committee continued to do the sunset review, it would have to meet. Commissioner Higgs stated it is structured within the context of the tentative millage hearing; it does not allow for unlimited amounts of meetings; and she assumes the Committee would have to meet in order to do a report of its recommendations. Commissioner Scarborough noted the budget is too big for anybody to grasp, and is a mammoth undertaking; there needs to be direction to specific things; the report needs to be provided in a timely manner where staff can work it over and incorporate it into the budget it is presenting to the Board; and the way this is structured allows the Committee to track the Board's activities, but would not respond to the two concerns he mentioned.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution reestablishing the Citizens Budget Review Committee, as amended to provide for at-large appointments. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE, BID, AWARD, AND EXECUTE CONTRACT, RE:
STANDARDIZED STRUCTURING CABLING SYSTEMS

Jeff Ashton, representing The Tronex, stated the County and School Board are entertaining standardizing on structured wire cabling utilizing two manufacturers, neither of which are his; he is the manufacturer's representative and sells products that do the same thing that the Avia and the Seamans product do; and he submitted a letter to the Board which indicates why he feels it is not in the County's best interest to utilize only two products. He noted he is not sure if the County is talking about one product for it and one product for the School Board, or both products; and inquired is there a way to get more products on the bid list to give the County more opportunity for price competitiveness.

John Loscalzo, representing The Tronex, stated Leviton and Mohawk are in both the County and the School Board already; bringing only one manufacturer cuts the competition down and probably makes the County pay a higher price; requested there be the competition to benefit the County and the School Board; and noted he is sure the County wants to make sure it gets a good quality product at a good price.

Information/Communications Systems Director Gino Butto clarified that the contract is for the County; the School Board is using a product that the County decided to add as a second potential; the County started over one year ago evaluating over 25 products, including the Mohawk products; and the County currently uses Mohawk and Leviton for the smaller locations. He noted the proposed project was specifically geared toward the big installations; that is why the County had to be more specific as to the standards it was trying to adhere to; staff did a lot of research with the private sector and met with vendors; and it had to narrow it down to something because when going out to bids and including too many different products, there would not be an apples to apples comparison with the proposals. He stated it would be unfair to the vendors and the County to do that; therefore, staff had to make a decision on the product it thought was best; long-term it did not want to get into a situation like it has right now where a product that was adequate when it was installed years ago was not able to meet the County's needs as it went forward; and staff took that very heavily into consideration on its decision. Mr. Butto stated the two products selected were because one was the top industry recommendation and the School Board was using that particular product with good success; the County and School Board are working together more on issues in the future; and the County expanded its list to include that and to add competitiveness. He noted there are multiple vendors and distributors who handle either one of these two products; there are dozens of implementers that will work with any one of them; Avia and Seamans are world renowned in this industry; and there are some potential cost to a better product at the time of installation, but over the years, the cost of the cabling has stabilized. Mr. Butto stated it is the cost of the labor that becomes the big issue and the long-term cost of ownership as well; so whatever the County installs, it is going to have to live with for a long time; staff wanted to make sure it got something it was not going to regret; and the Mohawk and Leviton product is not a bad one, but the County has to limit the bid to something and will continue to use the Mohawk and Leviton product in other areas in Brevard County.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant permission to advertise, bid, and award contracts for labor and material for future installation of Standardized Structured Cabling throughout Brevard County facilities to support high speed voice, data, video, and imaging applications, with term of contract to be for a period of one year with three one-year renewable options for a maximum contract length of four years; and authorize the Chairman to execute the Contract and the County Manager or his designee to execute renewal options as outlined in the Contract. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE REGARDING JUNK AND ABANDONED
VEHICLES

Chairman Carlson called for the public hearing to consider an ordinance regarding junk and abandoned vehicles.

Code Enforcement Director Bobby Bowen stated there are several significant changes from the current Ordinance that addresses junk and abandoned vehicles; if approved by the Board, the proposed ordinance will supersede sections in Chapter 46; the new ordinance addresses due process before the special master, aesthetics or visual presence, and property values related to the general welfare of the people; and definitions have been expanded to assist the Code Enforcement officer in enforcing the ordinance. He noted there is a section that addresses opposing, obstructing, or resisting an officer in the performance of his duties; no liability for reasonable, good faith trespass by the Enforcement officer; entry upon private property for placing notices and removing junk vehicles; storage requirements; placing a limit on the number of junk vehicles; prima facie evidence of an abandoned and junk vehicle; and removal of a junk vehicle.

Jay Adamson inquired who cares who the last registered owner was and who is going to look it up as it is a junk vehicle; stated there needs to be more definition in what is opposing, obstructing, or resisting an Enforcement officer; and inquired if a Code Enforcement officer wants to go into someone's backyard, can he or she go through a gate and past a privacy fence. He noted the County is stepping on toes; it needs some reason to go in someone's backyard; inquired is it legal for the County Code to give a Code Enforcement officer this authority; and stated the County is trying to get a Code Enforcement officer into a law enforcement position. Mr. Adamson stated he is not sure that is where the County wants to go; if it is, that is fine; but there are other changes that would happen also. He noted if there is a vehicle in Brevard County it should be registered; if it is not registered, it should not be in the County; the registered vehicle or non-registered vehicle gets the same attention from the fire departments and paramedics; the County agencies do the same thing for a junk vehicle that they do for a registered vehicle; and there are no free lunches. He stated the Code Enforcement officers are extremely busy handling Code Enforcement violations; to make the officers identify the junk vehicles, have the special master review the information, get a finding of fact, and remove the vehicles from the premises does not seem right; and it should be handled by management, County Attorney's Office, or Sheriff's Office. Mr. Adamson stated Section 12 indicates that the owner/renter is responsible; inquired why does Code Enforcement get involved with moving the vehicle; and if the owner/renter does not remove the vehicle, he or she is in violation of a court order, which is a jurisdiction higher than a Code Enforcement officer. He requested Section 13 be further reviewed; and inquired is it legal and can the County give this much authority to a Code Enforcement officer, including the right to search and seize if such officer sees fit. He noted to allow someone 35 days to get a junk vehicle out is too much time; and requested the time frame be one week or 10 days at the most.

Mr. Bowen stated the crux of the ordinance is giving due process to the people; the Code Enforcement officer has the ability to seek an injunction once the vehicle is not removed by the owner or the owner denies access to the Code Enforcement officer; it has to go before a hearing and have due process; the special master will give 35 days; and that is the due process.

He noted that is what the County looks at as far as whether or not the vehicle should have a current tag on it; staff tried to address the issues raised by the Board in the October 2001 meeting; and the Board can accept, reject, or change any part of the ordinance it desires.

Commissioner Scarborough inquired could the Code Enforcement officer call upon Road and Bridge or anybody else within the County who has the equipment to remove a junk or abandoned vehicle; with Mr. Bowen responding affirmatively. Commissioner Scarborough noted the Code Enforcement officer is not personally responsible for removing the vehicle and he or she only starts the process; with Mr. Bowen responding that is correct.

Commissioner O'Brien stated Page 11, Section 17, Inclusion in the Code, reads, "Brevard County Code and sections of this ordinance may be renumbered or re-lettered, and the word 'ordinance' may be changed to section, article, or such other appropriate work"; and the word "work" needs to be changed to "word."

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Ordinance superseding Chapter 46, Article VI, Code of Brevard County, Florida, regarding junked and abandoned vehicles; providing for a purpose and intent; providing for findings of fact; providing for definitions; providing for limitations on opposing, obstructing, or resisting enforcement officer; providing for no liability for reasonable good faith trespass by enforcement officer; providing for storage requirements for junked and abandoned vehicles; providing for prohibitions on storing and parking junked or abandoned vehicles on private property; providing for prima facie evidence of abandoned or junked vehicle; providing for prohibitions on storing and parking junked or abandoned vehicles on public property; providing for enforcement or abatement of visual nuisance; providing for responsibility; providing authority for entry upon private property for notice or removal; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in the Brevard County Code of Ordinances; providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE TO ALLOW THIRD CENT OF TOURIST TAX
TO FINANCE BEACH IMPROVEMENT, MAINTENANCE, RENOURISHMENT,
AND EROSION CONTROL

Chairman Carlson called for the public hearing to consider an amendment to allow Third Cent of the Tourist Tax to finance beach improvement, maintenance, renourishment, and erosion control.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to adopt Ordinance of Brevard County, Florida, amending Sections 102-122 and 102-123, Code of Ordinances of Brevard County, Florida; authorizing revenue collected from the Third Cent of the Tourist Development Tax to be pledged to secure and liquidate revenue bonds to finance beach improvement, maintenance, renourishment, restoration, and erosion control; authorizing the amount of Tourist Development Tax receipts used to pay the debt service on such Bonds to exceed the percentages provided in Section 102-119(4) for such purposes; providing for severability; providing for inclusion in the Code; and providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: AMENDMENT TO VESTED SITE PLAN FOR AQUARINA
PUD

Chairman Carlson called for the public hearing to consider an amendment to vested site plan for Aquarina PUD.

Commissioner Higgs stated there is a request from the applicant to continue the item to December 11, 2001; her last conversation with the applicant was to schedule the item for December 4, 2001; and requested the public hearing be continued to December 4, 2001.

Attorney Van Catterton, Tom McMullen, and Paul Barry advised they will reserve their comments until December 4, 2001.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to continue public hearing to consider a request for amendment to a vested site plan for Aquarina PUD to December 4, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE FOR TRANSMITTAL OF 2001-B
COMPREHENSIVE PLAN AMENDMENTS

Chairman Carlson called for the public hearing to consider an ordinance for transmittal of 2001-B Comprehensive Plan Amendments.

Attorney Leonard Spielvogel, representing Flagler Development, requested the public hearing be continued until December 11, 2001; stated the School Board will be meeting this evening and the budget will be an action item on the agenda; and his client's representative, Mr. Olson, met with the Holiday Springs at Suntree Homeowners Association last night and informed it that Flagler Development would be requesting the item be postponed until December 11, 2001.

Amy Mosher, Mary Sphar, Jane Peltz, and Janine McCusker advised they will reserve their comments until December 11, 2001.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to continue the public hearing to consider transmittal of the 2001-B Comprehensive Plan amendments to December 11, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCES AMENDING ORDINANCE NO. 86-40, LAW
ENFORCEMENT MUNICIPAL SERVICE TAXING UNIT AND ORDINANCE NO.
83-26, CONSOLIDATED FIRE CONTROL AND PROTECTION MSTU

Chairman Carlson called for the public hearing to consider an ordinance amending Ordinance No. 86-40, Law Enforcement Municipal Service Taxing Unit and Ordinance No. 83-26, Consolidated Fire Control and Protection MSTU.

County Attorney Scott Knox stated a revised legal description is needed and the Port Authority is providing him with it; and requested the public hearing be continued to December 4, 2001.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to continue the public hearing to consider ordinances amending Ordinance No. 86-40, Law Enforcement MSTU and Ordinance No. 83-26, Consolidated Fire Control and Protection MSTU to December 4, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING UNNAMED RIGHT-OF-WAY IN
INDIAN RIVER PARK - NORMAN DWAYNE WHITE

Chairman Carlson called for the public hearing to consider resolution vacating unnamed right-of-way in Indian River Park, as petitioned by Norman Dwayne White.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution vacating unnamed right-of-way in Indian River Park, as petitioned by Norman Dwayne White. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING DRAINAGE RIGHT-OF-WAY IN
SECTION 25, TOWNSHIP 26S., RANGE 36E. - PINEDA CROSSING
CORPORATION

Chairman Carlson called for the public hearing to consider resolution vacating drainage right-of-way in Section 25, Township 26S., Range 36E., as petitioned by Pineda Crossing Corporation.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution vacating drainage right-of-way in Section 25, Township 26S., Range 36E., as petitioned by Pineda Crossing Corporation. Motion carried and ordered unanimously.

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

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

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

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND
DRAINAGE EASEMENTS IN CAMBRIDGE PARK, PHASE 2 - STEFANO AND
MARYANN RAPANARO

Chairman Carlson called for the public hearing to consider resolution vacating public utility and drainage easements in Cambridge Park, Phase 2, as petitioned by Stefano and Maryann Rapanaro.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution vacating public utility and drainage easements in Cambridge Park, Phase 2, as petitioned by Stefano and Maryann Rapanaro. Motion carried and ordered unanimously.

APPROVE DELAY OF NEGOTIATION, RE: PURCHASE OF 160-ACRE PARCEL
FOR SOUTH BREVARD TRANSFER STATION

Commissioner Colon stated she put the item on the agenda; and the delay is to allow time for the exchange of information and communication between the County and City of Palm Bay.

Commissioner Higgs inquired how long is the delay; with Solid Waste Management Director Euripides Rodriguez responding approximately 30 days.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to approve a 30-day delay of negotiations with property owner for the proposed 160-acre parcel identified for the new South Brevard Solid Waste Transfer Station. Motion carried and ordered unanimously.

APPROVAL, RE: OPTIONS FOR COMPOSITION OF THE INVESTMENT
COMMITTEE

County Manager Tom Jenkins stated the County has used a formula similar to what it used for the Audit Committee; it includes one County Commissioner, the County Manager or designee, the Clerk or designee, and two citizen appointees with financial or investment expertise. He noted in submitting the proposal to the Board, staff felt it may be beneficial that the citizen appointees were not individuals who were currently involved in the investment business so that there would not be any appearance of conflict of interest in terms of recommendations they may be making; when staff reviewed the applicants submitted for the Audit Committee, some of the individuals who were not selected included director of finance/comptroller types, which means they are general financial people; they are typically responsible for managing the money investments within their corporations; and their background would be similar to the background of the County Finance Director who works for the Clerk of Courts in terms of their financial experience. He noted staff felt it already had a pool of good applicants who had volunteered previously; and those names were submitted to the Board for its consideration.

Commissioner Scarborough requested the County Attorney explain his memorandum, which was provided to the Board, and the conversation that took place between him and Mr. Knox.

County Attorney Scott Knox responded the question that Commissioner Scarborough raised was whether or not the Investment Committee would be subject to the Sunshine Law; the answer to that is yes; and any two members on the Committee cannot meet and discuss matters that might be coming before the Committee. Commissioner Scarborough stated staff is there for the primary purpose of making recommendations and discussing issues with the Board; it creates the dynamic of people who should be communicating being limited in their communication in preparing to help the Board in its decisions; and he asked Attorney Knox if there was a way to structure the Committee so that it would not fall within the purview of the Sunshine Committee. He noted staff historically in the whole concept of government is an advisory group; if it meets together in preparing its advice, so what; it is the formalization that scares him; and he cannot believe that there is not a better way to do this rather than walking into the position Attorney Knox describes. Attorney Knox stated Commissioner Scarborough has a legitimate concern in terms of staff members talking to Commissioners and vice versa when it comes to matters that come before a committee that is composed of staff members; the only way to avoid that is to keep staff off of the committees; sometimes the Board does it and sometimes it does not; and it is a call it needs to make.

Mr. Jenkins stated perhaps there was an assumption that he was going to designate Assistant County Manager Stockton Whitten as his designee, but he probably would not so that Mr. Whitten would not be prohibited from having conversations with Finance Director Steve Burdett or the Commissioners; the Commissioner on the Committee would have a problem in being able to talk to Mr. Burdett, if he was the Clerk's appointee; but if the Clerk chose to appoint Mark Peterson, who has been doing the investment for the Clerk's Office, then Mr. Burdett would still be free; and one way to deal with that issue is not to appoint Messrs. Whitten and Burdett in that capacity.

Commissioner Scarborough stated if the Board said to the County Manager in an informal manner that it would like to get advice from him as a pool of people and it would like him to meet periodically and advise the Board, he is already instructed under his job description to be giving this advice; and the redundancy of restating the job description in this format has created the problem. Mr. Jenkins stated the County had a Finance Committee and abolished such Committee for that exact reason; staff meets now and it is referred to as a County Manager's finance projects staff meeting; and they make recommendations.

Commissioner Higgs stated the County is currently doing investments out of the Clerk's Office and it is a sizeable amount of investments being handled through such Office; what the Financial Advisor recommended is that the County look at other ways of determining where the investments go so that it could raise the level of revenue it is getting from the investments; the Investment Committee was a suggestion of the Financial Advisor as a way of not actually doing the investments, but of determining how the parameters were set, who might be handling the day to day cash flow issues, and who, outside the County, may be considered for managing the portfolio; and the recommendation is that some entity, i.e. the Investment Committee, be charged with the responsibility of setting the parameters and recommending to the Board. She noted she does not see a Sunshine problem for the Commissioner who is sitting there as they are there to make recommendations with the group, to gain some expertise, and to make suggestions; she does not know why this would be a problem in terms of Sunshine; she does not see any problem involved with the members of the Committee meeting and discussing the issues; and it is acceptable and advisable that it be a Sunshine group as it is a huge amount of money being discussed. Commissioner Higgs stated the way it is being suggested that the County proceed is to develop some expertise in a variety of people to help oversee this investment; it should not be done in a staff function; because of the significance of the dollars and the revenue, there should be a Sunshine committee overseeing it; and the recommendations for particular day to day operations is going to be made to the Board that way.

Commissioner Scarborough stated if the County wants to fall under the purviews of the Sunshine, that is fine; but once it does, it needs to adhere to it; there are profound restrictions on discussions dealing with the issues outside of a meeting where the minutes are kept; perhaps it is needed for something of this significance; but it is moving staff into a very structured role that they are normally not required to follow. Commissioner O'Brien concurred with Commissioner Scarborough's comments; stated it is not the Board's job to start micromanaging the County Manager, Clerk of Courts, and County staff; and he cannot see putting staff and the County Manager's designee into a committee unless the County wants to make citizen appointees oversight by leaving the County employees totally out of the picture.

Commissioner Higgs stated the summation of the report received by the Board was that in order to maximize the revenue, the County had to get the revenue into the stream to be invested and have a good source of investing the money; without that, it is not going to work; the County has to have the county managers at the highest level agreeing that the County is going to manage the cash flow better; and it has to put the cash flow some place that is going to give the greatest return. She noted there may be some difficulties as the County proceeds; however, she would suggest that during the first year of trying to move into a more sophisticated way of managing the finances, cash flows, and investments that the County do it in the manner that was suggested to see if it can work; and she does not believe that the issues that the Finance Committee are going to deal with are going to be so difficult that the Sunshine Law will be a problem for it. Commissioner Higgs suggested the Board proceed with the recommendation to establish the committee, give it one year to see how it works, and move into this implementation; stated the County needs to upgrade the way it does its investments, cash flow, and finances; and the recommendation makes sense and puts together the staff expertise. She expressed concern having a citizen oversight committee without the expertise that is already developed.

Mr. Jenkins stated there are a number of local governments that have used and are using the investment committee approach; he would agree that the County should try it; while it recognizes that the Sunshine is an issue, it can work through that; and it is a lot of money. Commissioner Higgs stated the County started talking about its cash flow and investments nine years ago; it has not progressed in getting that working at the level it needs to work; the significance of the Investment Committee, the people who are there, and the fact that it is going to have to meet and deal in the Sunshine are going to help bring that level of expertise along; and without it, the County is going to be in the same place it was nine years ago. Commissioner Scarborough stated certain people cannot communicate when they need to communicate because of the Sunshine; and the County needs to let people know that it is walking into a Sunshine environment and there may be needs for meetings which have to be advertised and recorded; and the legal requirements need to be met.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to table consideration of the composition of the Investment Committee for one week; and direct staff to return with options. Motion carried and ordered; Commissioners Higgs and Carlson voted nay.

Commissioner Higgs inquired what is the Board going to get in the next week; with Commissioner Scarborough responding a way to make it work without having people not contact each other because of the Sunshine or violate the Sunshine. Commissioner Higgs inquired who is going to make the suggestions; with Commissioner Scarborough responding he would like to look at the options to a greater extent and meet with the County Manager and County Attorney. Commissioner Higgs inquired is the Board assuming that the basic investment is moving towards someone who has the expertise and it is not abandoning that; with Commissioner Scarborough responding affirmatively, and staff can come back with options for the Board to discuss.

Chairman Carlson stated she wants to make sure that the Board considers Mr. Burdett's memorandum to the Board where he requests that if the County is looking for citizen appointees, it review his four suggestions concerning appointees' background, etc.

The meeting recessed at 10:20 a.m. and reconvened at 10:38 a.m.

DISCUSSION, RE: PORT ST. JOHN FEASIBILITY STUDY

David Laney, representing Department of Public Administration at University of Central Florida (UCF), presented the findings of the incorporation feasibility study for the unincorporated community of Port St. John, which was performed as described by Contract between Brevard County and UCF. He stated the Contract stipulated an incorporation feasibility study be performed in accordance with the requirements of Chapter 165, Florida Statutes, titled Formation of Local Governments; each of the applicable statutory requirements contained within Chapter 165 of Florida Statutes is delineated and specifically addressed within the full submitted report; the study was directed by the Board in response to the residents of Port St. John, who demonstrated at referendum in November, 2000, their desire to have the study performed; and expressed appreciation to Peggy Busacca, Stockton Whitten, Dana Blickley, and Bob Kamm for their assistance. Mr. Laney stated to place the issue of municipal incorporation within the State of Florida in perspective, the first governmental agencies in the State of Florida were established by the provisional Governor Andrew Jackson in 1821; at that point, the four governmental agencies established consisted of two Counties, Escambia and St. John, and two Cities, Pensacola and St. Augustine; the first Florida State Constitution, which was adopted in 1838, did not address the subject of local governmental units to any extent; however, the second session of the General Assembly, which was convened in 1839, passed the first State law in the nation providing for incorporation of towns by their inhabitants without requiring further Legislative action. He advised the next time the subject of municipal incorporation was effectively addressed within the State Constitution was 1861, when Section 24 of Article 4 directed the General Assembly to enact a law for the incorporation of towns; in 1968, the Florida Constitution instituted a new approach referred to as "municipal home rule"; until 1968, effectively all local laws were made at the State Legislative level through passage of special acts, meaning local municipalities had little or no authority; and in 1974, the Legislature passed the Comprehensive Formation of Municipalities Act, Chapter 165, Florida Statutes. Mr. Laney stated the intent of the Act was to establish standards, directions and procedures for the incorporation of municipalities; also contained within this Act was the requirement that any charter for incorporation be adopted only after determination had been made that all standards and requirements provided and required by law had been met; in 1996, the Legislature amended Section 165.040, Florida Statutes, to require a feasibility study be performed; and in 1999, the specific requirements of what subjects were to be addressed within an incorporation feasibility study were adopted. He noted for additional information on the history of municipal incorporation in the State of Florida, he would recommend the Overview of Municipal Incorporations in Florida, dated February 2001, produced by the Legislative Committee on Intergovernmental Relations.

Mr. Laney stated prior to performing the study, he requested three informational items necessary in order for the study to be performed; they included what would be the proposed form of city government for the proposed city of Port St. John, how did the proposed city of Port St. John propose to address provisions of municipal services if it was to incorporate, and what would be the proposed boundaries for the city of Port St. John; the proposed form of city government for the city of Port St. John is a council/manager form of government; and the manner in which municipal services would be provided is addressed in its entirety within the report. He noted specifically the proposed boundaries for the city of Port St. John are indicated on the map; the natural eastern boundary of the proposed city of Port St. John is the Indian River Lagoon; the northern boundary begins with Kings Highway at its intersection with the Indian River Lagoon and proceeds due west with the centerline right-of-way being the proposed defined northern boundary; the point of intersection with Grissom Highway then proceeds south to Ranch Road and extends west along Ranch Road; and it is continued to be projected westerly to the St. Johns River protected property areas. Mr. Laney stated the western boundary is comprised by the St. Johns River Water Management District protected property boundaries; the southern boundary is Camp Road at its eastern intersection with the Indian River Lagoon, projecting west along Camp Road and following property boundaries to the protected properties of the St. Johns River area; and those are the boundaries which were used in performing the feasibility study. He noted those are the boundaries which contain the total taxable value that was used to establish projected revenue streams; within the statutory requirements of Florida Statutes, under the Standards for Incorporation, Merger or Dissolution, certain conditions must be met in the area proposed for incorporation; the area must be compact, contiguous, and amenable to separate government; and the proposed city of Port St. John meets the intent of the stated requirements of that Section of the Statutes. He stated Port St. John is compact with all proposed land area being contiguous; a second requirement is that the proposed municipal incorporated area must have a total population, as determined in the latest official State Census, Special Census, or estimate of population in the area, of at least 1,500 persons in counties with a population of 75,000 or less, or at least 5,000 residents in counties with a population of greater than 75,000, which would include Brevard County, with a present population of approximately 476,230 as established by the 2000 Census; and applying the requirements means there would be a minimum number of required residents in Port St. John of at least 5,000. Mr. Laney stated while estimates of Port St. John's growth since 1990 vary significantly, the 2000 Census data indicates that general population increases projected for Brevard County were overoptimistic as to what the growth would be between 1990 and 2000; Brevard County grew at a rate of approximately 19.4% between 1990 and 2000; accordingly, the conservative estimate of Port St. John's present population would apply a less than expected growth ratio from the 1990 Census data, yielding a present population of approximately 22,000; and that is the population estimate utilized throughout the study. He noted the proposed municipality must have an average population density of at least 1.5 persons per acre or have extraordinary conditions requiring the establishment of a municipal incorporation with less existing density; information obtained from the Brevard County Appraiser's Office estimates the boundaries of the proposed city of Port St. John encompasses approximately 10,583 acres; dividing the total acreage by the projected population of approximately 22,000 for Port St. John yields a resident to acre ratio of just over two; and Port St. John meets the requirement of the State Statutes.

Mr. Laney stated the proposed municipality must have a minimum distance of any part of the area proposed for incorporation, which means from the boundaries of an existing municipality within the County, of at least two miles or have an extraordinary natural boundary which requires separate municipal government; this would be an exception in the feasibility package for Port St. John; on the northern area of Port St. John, with Kings Highway being the northern boundary, there no longer exists a minimum two-mile boundary between the proposed northern boundary of Port St. John and what is now the southern boundary of the City of Titusville; however there is precedence for this exemption being granted by the Florida State Legislature, reference the Overview of Municipal Incorporations in Florida, dated February, 2001, in Table 4; since 1975, 17 of the 62 Municipal Incorporation Bills filed requested an exemption to the minimum two-mile rule; and all 17 exemptions were approved by the State Legislature.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant additional time for Mr. Laney to make his presentation. Motion carried and ordered unanimously.

Mr. Laney stated a municipal charter must be submitted along with the feasibility study; the State charter has been produced and was submitted under separate cover to the Florida State Legislature; the revenue and expense assumptions and methodology, which are included within the feasibility study, are well described; and they are requirements within Florida Statutes. He noted for the current service delivery, the provisions for municipal services are also well addressed within the study; for water, presently the residents residing in Port St. John are provided potable water from the City of Cocoa; and it is intended that shall remain the source of potable water. He stated solid waste contracts are addressed specifically; by Florida State Constitution, all existing solid waste contracts established have to be honored for a minimum of five years following incorporation of a new municipality; individuals of the Port St. John for Tomorrow Committee are aware of this; and it is contained within its Charter that it will honor those requirements. Mr. Laney stated presently Brevard County provides fire control and emergency response services to the residents of Port St. John through an MSTU of 2.2035 mills; it is intended that Port St. John continue to obtain its fire and emergency rescue service from the County as already established with the MSTU; all existing property zoning classifications as presently established by Brevard County shall be adopted at the time of incorporation and will remain in effect until such time as the legislative body of the proposed city of Port St. John might take action to amend them; parks and recreation for Port St. John are already provided by a requested MSTU by the residents of that portion of the County; and the residents intend to continue to participate in the MSTU. He stated an impact analysis is required to be performed in the event Port St. John were to incorporate, including the impact on other municipalities within Brevard County; the full analysis is contained in the report; he took three representative cities and municipalities within Brevard County, including the smallest, medium size, and largest; and the full evaluation indicates that for those three municipalities, each of them would be impacted less than 5% in the distribution of the local option gas tax or County sales tax.

Mr. Laney stated the conclusions and recommendations include that Port St. John meets the requirements for incorporation, as set forth by State Statutes, with the single exception of the proposed northern boundary which lies less than two miles from the City of Titusville's southern most boundary; it is noted within the study that the State Legislative action has approved all 17 of the 17 previously requested exemptions to this statutory requirement; and while it is not possible to estimate the projected values for an annual city budget for the proposed city of Port St. John, there is a compilation of estimated known revenues and expenses included in Table 11 within the report. He noted the city of Port St. John would begin its existence as an incorporated municipality with a deficit revenue stream; but it is capable of quickly recovering, as demonstrated within the report; and in the follow-on years of 2002 through 2005, the projected revenues accruing to the city balanced against what are presently known as projected planned expenses would be sufficient to carry over positive General Fund balances. He noted obviously the contractual agreements entered into by the city of Port St. John could not be foreseen by himself; and while the figures contained within the study are estimates and acknowledge the actions of the future elected Port St. John legislative body cannot be known at this time, during the five-year period projected within the report, barring unforeseen catastrophic events, there should be no need for establishing increased taxes within the proposed municipality of Port St. John. Mr. Laney stated if the proposed city of Port St. John is incorporated, it will be the responsibility of the elected council to produce budgets based on the conditions existing at that time; and the feasibility study which was conducted as a result of the Contract between the Board and UCF concludes that incorporation of the proposed city of Port St. John is feasible.

Commissioner Scarborough stated UCF had a Contract with the Board; the purpose of the report reaches beyond what has occurred here today; and there are going to be events occurring in Tallahassee that may require UCF and particularly Mr. Laney to testify or give additional information and respond to other questions. Commissioner Scarborough inquired does Mr. Laney stand ready to provide those services as well under the Contract with the Board; with Mr. Laney responding affirmatively. Mr. Laney stated he stands ready to continue to accompany the report wherever it goes or as needed or requested by the Board.

Commissioner Colon inquired are the expenses of the trip to Tallahassee covered; with Mr. Laney responding he would consider that the expenses for a reasonable number of trips to Tallahassee would be somewhat included within the Contract. Mr. Laney stated if it comes to the point where he is going to have to change his mailing address to somewhere in Tallahassee, it will have to be re-discussed.

Commissioner Scarborough inquired would the Legislature be responsible for putting the Port St. John issue on the referendum. Mr. Laney responded the manner in which the bill is introduced is if it is enacted by the Legislature, then it will go to referendum; and he does not know whether or not the Legislature places the issue on the ballot. Commissioner Scarborough requested Mr. Laney report back to the Board; and stated he was under the impression that the Legislature would place the issue on the ballot. Mr. Laney noted that is his impression, but he will not say that is the definitive answer until he researches it further; and he will report back to the Board.

County Attorney Scott Knox stated he has not read this particular bill, but a lot of charters that go through the Legislature come back with the ballot language in the acting legislation; and the supervisor of elections usually puts the item on the ballot.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept the Study of the Feasibility of Incorporation of Port St. John, Florida, as presented by David Laney, University of Central Florida; and authorize the Chairman to send a letter of appreciation to Dr. Tom Liou, UCF, Department of Public Administration, expressing appreciation and complimenting David Laney. Motion carried and ordered unanimously.

Amy Tidd, representing Port St. John for Tomorrow and the residents of Port St. John, stated Port St. John is entering an exciting time when it will get a chance to decide its future; this chance was made possible by the Board's help and support in funding the incorporation study; and publicly thanked the Board for its assistance. She noted a copy of the study and charter are available at the Port St. John library; and Port St. John will be having public meetings every couple of months.

Maureen Rupe stated the residents of Port St. John sincerely appreciate the Board's support.

STAFF REPORT, RE: REQUIREMENTS FOR CHANGE OF USE

Bruce Moia, Land Development Code Director, stated since the change of use issue became effective October 1, 2001, the Board has had personal appearances from constituents who had issues with the new policy; the report includes options to consider if the Board wishes to change the way the policy reads; one option staff recommends is to grandfather those applicants who have either entered into a contract for lease of property to open their business, have purchased property for the specific use of that business, or have made any attempt at forming a business; and under such option, there is some of the evidence that someone may provide showing that they have made such efforts. He noted the Board may want to consider if it wants to grandfather those people who have made a good faith effort prior to October 1, 2001 to get an occupational license; some discussion was if the current language the County has, in which it implements this, needs some change; there are two parts; one is to define what is a change of use; and there are two scenarios. Mr. Moia stated the County could maintain the current definition, which says that any different application of the Land Development Regulations would be a change of use; the other part would be to use a different criteria; Option 4 of the report includes the different criteria the Board may want to review to determine what is a change of use; and the other part of the question would be if it is a change of use, what process should the County make the applicant go through. He noted currently a change of use requires that the applicant obtain a full site plan review and approval; it is costly and requires the individual to have an engineer; it also requires someone to pay all the permit fees for a full site plan; one option would be to maintain the requirement; and another option would be to try to simplify the process and allow staff to work with the applicant, and define what it is that the County is looking at for compliance.

Mr. Moia stated Option 2 contains several issues that staff believes would be critical to look at if there is a change of use; in addition to those listed, staff would like to include landscaping as one of the options; if the Board chooses the issues in Option 2, staff would suggest having some alternative language in the Code that would say the County wants individuals to comply with such issues; but there may be a lot of difficulty in complying with them fully with the current Code; and for this process only, perhaps there could be some flexibility in the language. He noted staff would recommend maintaining the current definition that says for Land Development Regulations any different application would be a change of use; but to modify the process to not require a full site plan and allow some type of modified process where staff would work with the applicant, not require an engineer, and maybe use sketches; review the criteria in Option 2 and determine what kind of compliance the site could be brought into; and there could be modified language for the criteria.

Tom Dinh stated he owns three acres zoned IU; there are four buildings on the property; there is an office, tattoo parlor, and warehouse; and the McCuskers want to use one of the buildings for a produce market. He noted there are many requirements; it has cost him approximately $8,000 to $10,000; and the definition of the change of use is not clear.

Mike McCusker stated he and his wife have been trying to open a produce market since September 14, 2001; they are going to do a lot more improvements than a tattoo parlor; they have approximately 30 days left or they will be out of business before they start; and the change of use needs to be dealt with. He noted this issue has been long, frustrating, and very expensive.

County Manager Tom Jenkins stated there are two issues the County is dealing with; the McCuskers have a specific item that they want the Board to consider; the way the Ordinance is written currently it is necessary to come in and go through the entire review process for any change of use of any kind; and staff is proposing that it be given the opportunity to come back with some amendments to the Ordinance that refocus this on the issue of impact. He noted change in use by itself is not necessarily sufficient to cause someone to go through the entire Land Development Review process; but if there are changes in use that have significant impact, it may be a better way of triggering the review process. He stated staff can come back to the Board with some changes to the Ordinance that make it more practical; if someone is not having an impact, then they do not have to go through the full process; but if they are having a significant change of impact in terms of traffic, parking, etc., then they need to go through a more in-depth review; and suggested staff come back to the Board with modifications that would allow streamlining the process if it is not required.

Chairman Carlson stated the Board talked about Option 2 possibly and doing it so that if there is a creation of significant impact to adjoining properties, it could look at some of those issues under Option 2, also including issues relating to landscaping; with Mr. Jenkins responding that is correct. Mr. Jenkins stated it would be less restrictive than what the County currently has; right now everything has to go through the full review; and Option 2 would be to limit it to only those items where there would be a demonstrated impact. Chairman Carlson inquired could it be combined with Option 5, which gives staff flexibility on a case-by-case basis. Mr. Jenkins responded it could be combined to a degree; but he does not believe it is appropriate that staff make the rules up as it goes along; it is to everybody's best interest to have a set of criteria; and some flexibility is all right, but there need to be some limitations. He noted the County needs to be very consistent in how it applies the rules; there are ways to do it, particularly under Option 2, where it is more measurable and very specific so that everybody understands the criteria; perhaps there is room for some flexibility which could be incorporated; but he would not want it to be the overriding issue.

Commissioner Higgs stated there are five different Options; if the Board were to agree that Option 1 in terms of grandfathering was the intention, then it gets some of this cleared up; and the grandfathering provisions under Option 1 would be something the Board would want to do.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve Option 1 concerning grandfathering for requirements for change of use. Motion carried and ordered unanimously.

Commissioner Higgs stated Option 4 allows the Board to establish some criteria in terms of the change of use; staff is suggesting concurrency and impact fee classifications, as well as some other code; and if the Board adopted the concurrency and impact fee classifications, those are things the County already uses, they are set there, and it would narrow the scope of the change of use the County is looking for. She inquired does the County need to have the other two items in there or is it a smorgasbord. Mr. Moia responded it is a smorgasbord; but as Mr. Jenkins mentioned, that criteria alone may not be what the County wants to look at; it may be if it is a certain percentage increase of one change for another under that criteria; and the point Mr. Jenkins was trying to make is that just the use change itself under that criteria might not be significant enough and there may be some additional impact of a certain percentage of parking or whatever that would trigger a change of use in addition to that criteria. Commissioner Higgs stated when she met with Mr. Moia, they discussed under Option 2 that if the Board also adopted it in terms of those criteria being evaluated then staff could come back to the Board with more specific language that developed that; what she is trying to do is to see if the Board can approve some things today that clarify some issues and move things along; if the Board adopts some provisions staff has outlined under Option 4, then it could say look to Option 2 and evaluate those factors, including the landscaping; and staff can come back to the Board with more specifics in terms of the criteria under Option 2.

Commissioner O'Brien stated he supports Option 2, which includes to review the occupational license for changes of use that are likely to create significant impacts. Commissioner Higgs stated that is what Option 4 does for the County; such Option narrows down the scope and some objective criteria; and the County needs to do both of them. Commissioner O'Brien stated the Board should not make it so strict that every time somebody makes a change of use from something simple to something simple that he or she has to bring in a site plan. Commissioner Higgs noted she agrees, but the Board is trying to narrow down how it does that. Commissioner O'Brien stated the Board needs to give some flexibility to the plan; and he would like to be able to grant staff the flexibility to use some common sense when it comes down to looking at what are the problems that may occur with Stormwater Management if additional parking is required and there is more water runoff.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve a blend of Options 2 and 4 for review of occupational licenses. Motion carried and ordered unanimously.

Chairman Carlson inquired because of the grandfathering issue, is it going to help the McCuskers. Mr. Moia responded it appears from Mr. McCusker's testimony that he has been trying to achieve what he needed to get for an occupational license prior to the Ordinance; staff was unaware of that at the time they met; but it appears that Mr. McCusker may meet the grandfathering clause; and requested Mr. McCusker provide the appropriate information to staff.

Chairman Carlson suggested Mr. McCusker meet with Mr. Moia concerning the grandfathering option.

Assistant County Manager Peggy Busacca advised the change would require an ordinance amendment which would perhaps take longer than the 30 days that the McCuskers have; and as the Board has previously done this for individuals under personal appearances on the agenda, perhaps it could do the same once staff is provided the information that the McCuskers do indeed meet the grandfathering.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to work with Tom Dinh and Janine and Mike McCusker concerning criteria for grandfathering, and if they meet the criteria, that they not have to wait for the Ordinance to be amended. Motion carried and ordered unanimously.

Commissioner Colon noted the motion was to combine Options 2 and 4; and inquired concerning Option 5, is the Board going to allow staff the flexibility to be able to deal with the smaller issues. Chairman Carlson responded that is what Mr. Jenkins has in mind and wants to make sure he feels comfortable with such flexibility. Commissioner O'Brien stated staff has to have some flexibility; and he hopes the Board keeps that in mind.

AGREEMENT WITH NAZTEC, RE: PURCHASE OF TS-2 TRAFFIC SIGNAL
CONTROLLERS, CABINETS, AND RELATED EQUIPMENT

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Agreement with Naztec for purchase of NEMA-approved TS-2 traffic signal controllers, cabinets, and related equipment, as well as product support, etc., for a period of five years with one five-year extension. Motion carried and ordered unanimously.

REAPPOINTMENTS, RE: CONTRACTORS' LICENSING BOARD

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to reappoint Leon Tucker, Michael Wiedmann, Mary Tees, Franklin T. Livingston, Roger Drabyk, Bud Crisafulli, Lena Nordell, Jon Radencic, John Nast, Ann Nicol, Robert Hicks, John Robinson, Pete Cario, Clifford Barber, Jr., and Nick Witek to the Contractors' Licensing Board, with terms of appointments expiring December 31, 2002. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH CORPORATION OF THE PRESIDENT OF THE CHURCH
OF JESUS CHRIST OF THE LATTER DAY SAINTS, RE: PROPERTY ON
U.S. 192

County Manager Tom Jenkins stated staff is requesting direction from the Board on the options; the County has the 2,980-acre parcel of property on U.S. 192 which it acquired for future solid waste garbage disposal in the future; there are several options currently available for the use of the property; and the County has been leasing it to the church it purchased the property from, which is one option. He noted the County could go out to bid to see if anybody else wants to use it; the third option is not to lease it at all; the County may want to consider negotiating with the church to see if it could extract some concessions in terms of permitting issues that may come along in the future; and there is also a legal question or dispute between the parties as to when the County is required to develop the property for solid waste disposal. He stated if staff was given an opportunity to negotiate, it might be beneficial to the County in the long term to see if it can work out a resolution of some of those disputed issues that there may be on the property.

Solid Waste Management Director Euripides Rodriguez stated his Department would like to put the property to some kind of economic use in the meantime while the time for having a new landfill comes along.

James Payne, representing Deseret Ranches of Florida, stated Deseret has been talking with the County over the past several years; in 1991, the County condemned 2,980 acres on U.S. 192 for use of a Class I and Class III landfill; Deseret entered into a Stipulated Agreement with regard to that; and pursuant to the Stipulation, Deseret had the opportunity to continue to use the property. He noted approximately three years ago Deseret modified the Stipulation so that it began to pay an amount to the County; there are some questions there that probably are not as clear as they could be; but Deseret thought it would sit down with the County and negotiate something that would be beneficial, both to Deseret and the County. Mr. Payne stated Deseret has talked with Mr. Rodriguez about this on several occasions; one of the things they have discussed is to be allowed to use the land until such time as the County is ready to construct a landfill; Deseret and County staff have talked about methods to determine value for the land and modify the value over a period of time as may be needed; and other issues mentioned by Solid Waste Management Department were discussed. He noted Deseret is amenable to trying to negotiate something that would be good for it and the County; the property that is there that was condemned formed a part of one of the cattle units; Deseret is interested in continuing its use of the property for a ranch for agricultural purposes; and it would appreciate having the opportunity to continue negotiations with the County to try to arrive at something that would be beneficial to both parties. Mr. Payne stated Deseret has been a good steward of the property and has taken good care of it, including maintaining the fences and land; the Board members are welcome to come out at any time to have a tour; and Deseret will continue to be a good steward and use the property for beneficial purposes until such time as the County is ready to begin construction of the landfill.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve Option 3, to enter into negotiations with the Church of Jesus Christ of the Latter Day Saints to lease the 2,980-acre property located on U.S. 192. Commissioner O'Brien stated there is no question that Deseret has always been a good steward of the land and there is no problem with that; the County has purchased the land and owns it; it paid $8.25 million for the property; and last year the Church paid the County $30,000 for the use of the 2,000 acres that were purchased. He noted $8.25 million is a very expensive asset that the County has; it is not good business for it to say it wants to stay on Deseret's good side all the time and give Deseret land for $30,000 a year so it can put its cattle back out there and keep on doing business the way it always has; an $8 million investment should still have a return on the investment much better than the going rate of $12.00 an acre; and he contacted Messrs. Jenkins and Rodriguez to ask them when the County was going to begin the permitting process, which is also part of the negotiations. Commissioner O'Brien stated he would like to see the County move forward in the permitting process immediately; it is going to take a long time to get there; it is an economic use of the County's land; but being paid $30,000 a year on a $8 million piece of property is not an economic use of the land.

Mr. Jenkins stated the issues Commissioner O'Brien is raising are the kinds of things staff would like to discuss in the negotiations; what the Board is doing today is not binding in any way; and it is empowering staff to have discussions and see what they can bring back to the Board.

Commissioner Higgs stated it is her understanding that with the County's existing landfills and other plans it has put in place, it has a good number of years of useful life in the facilities; so whether the County went forward on permitting, it is not ready to construct because it does not have the need right now; she supports the continued negotiations; and good business sense needs to be the underlying factor in those negotiations for the County. Mr. Jenkins stated the County may not resolve the issues today, but given the opportunity, staff might be able to address some of Commissioner O'Brien's concerns. Commissioner O'Brien stated the longer the County waits to start the permitting process, the more rules there are; rules are added on all the time; and the County needs to start the permitting process immediately as it is going to take a long time to get there.

Chairman Carlson stated when staff brings the issue back through the negotiation process, perhaps they can bring back detail on the contract, including how long would it take to get permitting and what is the benefit of having permitting in place earlier than necessary; and it may be helpful for clarification purposes. Mr. Jenkins stated one of the things the County may be able to negotiate is if it allows "x" number of years of use of the property by the current lessor, then it might eliminate objections that might come with permitting 10 years from now. Commissioner O'Brien noted that is a good idea.

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

Mr. Rodriguez stated today the County received the report from Department of Environmental Protection (DEP) concerning alleged medical waste in the Cocoa Landfill; the DEP investigator looked at the process from where the waste was originated to where it was disposed of; and his conclusion was that Brevard County followed not only the letter of the law, but it went a little bit beyond the letter of the law.

SETTLEMENT STIPULATION, RE: BALSERAIT V. BREVARD COUNTY, ET AL

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve the proposed Settlement Stipulation in the case of Balserait v. Brevard County, et al. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - PETER M. ZIES, RE: CENTER TURN LANE ON
NORTH RIVERSIDE DRIVE

Peter Zies provided maps and various information to the Board; stated he is very interested in making North Riverside Drive as safe as possible; the proposed southbound turn lane off of North Riverside Drive into the Oceanside development will not serve this purpose; and the proposed turn lane will allow a steady stream of traffic to move south along Riverside Drive, making it more difficult for all side streets and driveways to turn into Riverside Drive all the way down to Paradise Boulevard where there is a stoplight. He noted between the proposed turn off on Paradise Boulevard, there is not going to be any break in traffic for any of the roads or driveways along that area; driveways on Riverside Drive in the area of the proposed turn lane would have to negotiate four lanes of traffic in some cases; it is not a safe situation either; and pedestrians would be placed at increased risk along the bike path in that the proposed turn lane will come much closer to this bike path. Dr. Zies stated there is no curbing or guardrail to help keep vehicular traffic on the road; he was told that the turn lane would make the road safer because the area has a blind curve; he has pictures and a map; and the view north and south from the turn is about 1,000 feet long, which would be 40 or 50 cars that would have to be bumper to bumper before there would be any blind curve; so he not sure where the blind curve exists and would like it to be defined. He noted the proposed southbound lane off of Riverside Drive into the Oceanside development will not help, but hurt safety in this area; 300 petition-signing residents of the area are against turn lanes of this nature; and a simple action of extending the 30-mile per hour speed limit, which begins at Eau Gallie Boulevard and ends north of the Oceanside proposed entrance, is if such speed limit were extended south of the entrance, it would increase safety for traffic, pedestrians, drivers on driveways trying to enter and exit Riverside, and the residents of Oceanside. Dr. Zies requested the Board reverse its decision to allow the turn off.

Chairman Carlson inquired what studies were done to determine if the turn lane was going to do what it was intended to do concerning the blind curve issue.

Assistant Public Works Director Ed Washburn stated the property in question is inside the City of Melbourne; the access onto Riverside Drive will extend through the development all the way through to A1A; there will be 600 residences in the area to the south of the commercial area on Eau Gallie Causeway; and Traffic Engineer Dick Thompson reviewed it. He noted the County told the City it would need a right-hand turn lane for northbound traffic and a left-hand turn lane for southbound traffic; it is not a blind curve, but a long sweeping curve; the applicant has a permit; and if the Board wants to revoke the permit, it would have to talk to the County Attorney to see how the process would go. He stated there are 129 single-family units adjacent to Riverside Drive plus proposed 120 townhouses, 60 to 70% of which would ingress and egress from their development onto Riverside Drive; the improvement there would be the same type of improvement that is at Paradise Boulevard further to the south where there is a short left-hand stacking lane and a means for another left-hand turn at Brookside Drive and a through lane if one is northbound; and the purpose of the County's review was for safety purposes only.

Commissioner Higgs stated when the County looked at the projects for the Local Option Gas Tax extension money, there were a number of individuals present with the very specific complaint that they did not want those improvements; and inquired can staff distinguish why the County would require it here when the Board said it was not going to go through with the improvement projects on Riverside Drive that included streets that had at least as many residents coming onto Riverside Drive as what this development would be. Mr. Washburn stated the County does not have near the volume of residences at the other intersections; staff's recommendation was for the intersection improvements; he realizes that the residents do not want that; but for safety purposes, that was staff's recommendation. He noted when staff dealt with the applicant, it started long before the public meeting took place. Commissioner Higgs noted there are 129 homes coming in here; and inquired when looking at the other intersections and developments that do not have the kind of facilities on Riverside Drive, are there a lot more here; with Mr. Washburn responding negatively. Mr. Washburn advised there are 129 units plus 120 units of multi-family; and the roadway extends from Riverside Drive all the way through to A1A, the same as Paradise Boulevard does. Commissioner Higgs inquired are there three entrances. Mr. Washburn responded there is an entrance on A1A, north of the Catholic Church; there will be another entrance farther to the west on the west side of Winn Dixie; there will be another entrance near Wendys on Eau Gallie Boulevard; and all of those accesses are not signalized and would require anybody who wants to go westbound to turn across two lanes of traffic on Eau Gallie Boulevard to head westbound again. He noted he would assume that approximately 75% of those 129 single-family residences plus 120 multi-family residences would probably access through Riverside Drive.

Chairman Carlson stated she understands Dr. Zies' perspective concerning the stacking issue and trying to get out because there are so many different driveways; it is a nightmare for those who are trying to get out into traffic; having those breaks in traffic is very important; and normally the County goes through the safety issue where it has to analyze all those things. She noted her question to Mr. Washburn originally was is this really the safest means of getting people to and from a location; she questioned whether or not it is needed; but she is not the expert here; and the Board tries to listen to staff when it can.

Dr. Zies stated he and his neighbors would be happy to finance an independent study.

Chairman Carlson noted she does not know if it is necessary; and inquired has the County done a study along the roadway, due to the significant number of entry points, on how to consistently keep the flow of traffic going so there is easy ingress and egress. Mr. Washburn stated the County has required the applicant to do a traffic study; to do the turn lanes is extremely expensive, so the County assumed that the applicant would not want to do that; but for safety purposes, the applicant has told staff that he wants to do that. He noted there is 100 feet of right-of-way in the particular section; almost everybody on the west side of the road from Eau Gallie Boulevard has single driveways; when reaching almost Paradise Boulevard then there are large subdivisions that are accessing; and staff's proposal before for The Sanctuary, which has 300 units, was for those turn lanes to be there and at several other intersections for safety purposes. He stated the County had consultants review it and their traffic engineer look at it; and they have a permit.

Commissioner Higgs noted they have done a lot of land clearing down there; but they are not ready to sell the units or do the actual improvements on Riverside Drive; and inquired could the Board allow Dr. Zies and his neighbors to give the additional professional analysis and then re-look at this. Mr. Washburn stated staff told the applicant several things; the applicant submitted the way he is going to handle the traffic; staff wanted the applicant to look at how he was going to deal with the roadway during construction so that he had the adequate safety measures to provide for ingress and ingress to that site after he got his heavy equipment out of there and when they start doing the rest of the infrastructure and building the houses; and the Board would have to ask the County Attorney as to what it can do because it is already stacked out. He noted staff requested the applicant put door hangers on the residences that had mailboxes; the mailboxes would be moved to the County's and homeowners' satisfaction; and the applicant is very close to doing the roadwork.

Chairman Carlson inquired are there any issues here concerning how the process goes. County Attorney Scott Knox responded the Ordinance requires the Public Works Department to issue a permit if the conditions of the Ordinance have been met; based on what he has heard and been told by Mr. Washburn, the conditions of the Ordinance have been met; and the permit was issued with conditions. He stated the Board has not reserved any jurisdiction over issuing or revoking permits; there is nothing in the Ordinance that provides for that; it is basically a Public Works Department decision made on criteria set forth in the Ordinance; and if there is some modification to the conditions that may be warranted by virtue of some additional information, it may be something that can be worked on. He noted in terms of the access that is allowed by virtue of the permit, it meets the conditions of the Ordinance.

Dr. Zies stated this road is someday going to be three or four lanes between the Causeways; the residents in that area may or may not like it; it is moot point; and he would like to see none of his family, his neighbors, or others who live in the area ending up in a fatal accident. He noted the road is very dangerous; his goal is not to cause trouble for the builder or anybody else; it is merely to live on a road that does not end up taking his life or maiming his family; and inquired is there some way that the County can permit this and at the same time improve the safety of the road, including curving, signage, and speed limits. He stated the Board has a responsibility to serve the community and make the road safer.

Chairman Carlson stated the Board took a step in that direction in terms of having the Sheriff working with the County, including the speeding; the speed limit issue is one that should be acknowledged if it is part of the possible plan of making the roadway safer; and what staff is recommending is going to make it safer. Dr. Zies stated he has noticed the roads that post the speed limits and the costs of the speeding tickets; he drives slower when he sees that; and inquired if the County could post the same thing in the proposed area. Chairman Carlson noted those types of signs are very effective; people understand exactly what the cost is; and the County should potentially consider it. Mr. Washburn stated staff can take care of it relatively quickly.

Commissioner Higgs requested staff provide a report to the Board on the safety issues that Dr. Zies is talking about. Dr. Zies stated one of the problems is that there is no shoulder on the east side of North Riverside Drive; people go over the edge, the tires are off the road, and they head at 24" square high tension poles; there have been three or four fatalities in front of his home and Dr. Jackson's home; and the County needs to do something to make the road safer.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to direct staff to do additional analysis and provide a report on safety issues brought forward by Peter Zies concerning North Riverside Drive, including speeding and lack of shoulder on the road. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - DOUGLAS R. LOSEKE, RE: PERMIT FOR
CONSTRUCTION OF A UTILITY SHED

Douglas Loseke stated this item is in reference to a permit for a utility shed at 180 Deer Run Road in Palm Bay; and requested an exemption from the 180-day floodplain moratorium that was put into effect on September 24, 2001. He noted the utility shed poses a minimal risk from the flood damage.

Assistant County Manager Peggy Busacca stated the moratorium would currently not permit the construction of the shed because it lies within the 25-year floodplain; and the Board has the right within the Ordinance to say that this structure has minimal impact to the floodplain and would be minimally impacted by flooding, should it occur.

Commissioner Scarborough inquired what is Mr. Loseke going to use the shed for; with Mr. Loseke responding storage. Commissioner Scarborough inquired if there are going to be any animals out there; with Mr. Loseke responding negatively.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to waive the Floodplain Moratorium and approve issuance of permit for construction of a shed at 180 Deer Run Road in Palm Bay, as requested by Douglas R. Loseke. Motion carried and ordered; Commissioner Higgs voted nay.

PERSONAL APPEARANCE - HANK HURLEY AND DENNIS SHEPPARD, RE:
WAIVER OF FLOODPLAIN MORATORIUM FOR PROJECT

Assistant County Manager Peggy Busacca stated Hank Hurley and Dennis Sheppard are not present and have not provided any paperwork.

The Board took no action on the request of Hank Hurley and Dennis Sheppard for waiver of the Floodplain Moratorium to allow a project, as neither Mr. Hurley nor Mr. Sheppard was in attendance.

PERSONAL APPEARANCE - JOHN A. BAKER, RE: REQUIREMENT OF 300-
SQUARE FOOT FOR PRODUCE STAND

Assistant County Manager Peggy Busacca stated John Baker is not present for the item.

The Board took no action on the request of John A. Baker for waiver of the square footage requirement for a produce stand to allow sale of produce from a trailer, as Mr. Baker was not in attendance.

SELECTION, RE: NEW CHAIRMAN AND VICE CHAIRMAN

Motion by Commissioner Higgs, seconded by Commissioner Colon, to select Commissioner Truman Scarborough as Chairman of the Board for the year 2001-2002. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to select Commissioner Jackie Colon as Vice Chairman of the Board for the year 2001-2002. Motion carried and ordered unanimously.

Commissioner Scarborough presented Commissioner Carlson with a plaque for serving as Chairman of the Board.

PUBLIC COMMENT, RE: PROPERTY APPRAISER'S BUDGET

Bea Polk stated she is present today to help the Board cut taxes; the Property Appraiser has two attorney offices; one of them is not from Brevard County; and there are attorneys from Jacksonville. She noted most of this is to harass ex-workers who have either been forced to resign or fired from employment; the Property Appraiser's Office spent nearly $30,000 in keeping her daughter from getting $5,000; and it is a disgrace to the taxpayers of Brevard County. She stated not only does the Property Appraiser have the attorney in Jacksonville working against the poor employees who have to be released because of a man who was hired by Mr. Ford; but there are two law firms fighting poor little employees that either do what they are told or they are asked to resign or are fired.

Ms. Polk stated the Property Appraiser does not need any more amendments to his budget; he has too much money in his budget already; reiterated it is a disgrace to take taxpayers' money to fight poor little employees who have lived here all their lives and paid taxes; and the Property Appraiser has too much time and money. She noted all the Constitutional Officers need to be brought under the County; the Board would save a lot of money; she understands it is hard for the Board to work on all projects; but it is the one that votes to give this kind of money. She stated if the Board does not want the responsibility, it can get the law changed to give it back to the State; the taxpayers can then take it out on the State; but as long as the Commissioners hold this office, they are entitled to represent the public to the best of their ability to cut taxes and keep taxes down.

PUBLIC COMMENT, RE: CITY OF TITUSVILLE ISSUES

Nelly Strickland stated Titusville City Manager Tom Harmer is applying for a grant to go to Brevard Leadership meetings; the cost is $750; the City is increasing the water bills for the residents of Titusville; and it is a disgrace. She inquired is there no integrity or benevolence left in the world; stated the City does not need Walt Johnson either; it is sad to see her City go to pot; and she has lived there for 40 years and will die there. She noted the City has two jet skis; and inquired do the other cities in Brevard County have jet skis for its fire departments. Mr. Jenkins responded he does not know. Chairman Carlson stated she is not sure what authority the Board has when it comes to a city manager asking and requesting the cost for a leadership function; and it may be something Ms. Strickland wants to take to the City Council since it is the one who hires the City Manager.

Commissioner O'Brien stated there is a city north of Brevard County where a boat caught on fire in the river; the county had purchased a very expensive boat to handle fire situations; but because of budget cuts, it put the boat on blocks and left it on the ground; and when it came time for the fire department to respond to a yacht on fire in the middle of the river, it could not respond. He noted if Brevard County has a boat, hopefully it can be used.

APPROVE IMPLEMENTATION DATE, RE: COST OF LIVING AND MERIT
INCREASES FOR FY 2001/2002

County Manager Tom Jenkins stated in the original language there was a conflict with the language in the Bargaining Agreement; what was going to occur was that members of the Union were going to get their raises before the rest of the employees; and what this does is put all of the employees on the same time frame to receive their annual salary increases.

Commissioner Higgs inquired where is the County concerning revenue for the year and what can it anticipate in terms of what the State will be decreasing; stated the 4.8% it suggested the County use as a figure for estimating the decrease in some of the revenues is approximately $1.3 million; the County does not know what the State is going to do in the Session next week; and it concerned her that the implementation date of either December 7 or 8, 2001 is a commitment to approximately $1.3 million. She noted she is still not sure where the County is in terms of revenues and how it will make up for the shortfall; it concerned her that the County was moving forward with the pay increases; the Board wants to give those increases and had as a part of the budget; but it has to have a plan as to how it is going to deal with revenue shortfalls.

Commissioner Higgs stated whether or not the Board goes forward at this point or tentatively into the year with some understanding that this is on a quarter-by-quarter basis based on the revenues, it needs to pay some attention to the issue at this point; Mr. Jenkins sent out a memorandum late yesterday in regard to some revenues; and it may be helpful if he discusses where the County is in terms of revenue decreases from the State and how the County may handle shortfalls.

County Manager Tom Jenkins stated to this point in time, the State has not formally changed its projections on what the County is going to receive in terms of the local half-cent sales tax or the State revenue sharing; however, it sent out a notice that the counties may want to consider a 4.8% reduction in the revenues; and it equates to approximately $1.3 million if the 4.8% comes true. He noted the problem is that the County does not know at this point if it is going to encounter that kind of a reduction or not; one of the key components of revenue sharing is intangible tax; there has been a large amount of mortgage refinancing, which is going to have a positive impact on that; and while the tourism industry is down, there are other things that are up. Mr. Jenkins noted since the new car business has been offering attractive interest rates, there have been an unusual number of new cars sold in the last month or so; each one of those new cars might be paying anywhere from $800 to $1,000 in sales tax; and while the tourism industry is clearly suffering, there are other aspects of the economy that are doing well. He stated the County will have a better read from the State after the Legislature meets in special session next week and as the County continues to get information from the State in terms of what the collections are; staff has been monitoring this very closely and continues to do so; one of the options before the Board is to allow staff to continue to monitor the situation; and if staff sees that the County is definitely going to have some down turns in revenues, it can immediately report back to the Board. Mr. Jenkins stated staff has listed a number of options for reducing expenditures if it becomes necessary; the way the County's budget is structured, if reductions are implemented, they are going to have an impact on service delivery; he did not want to overreact or act prematurely and reduce the level of service that the County offers to the residents if he does not have to do so because the revenues may hold true and not decline; and it is the Board's call. He noted from staff's standpoint, it is a work-in-progress and something the County is monitoring very closely; it is a high priority and matter of interest; staff will have more information in the next several weeks, which will give the County a better handle on what may happen to it; and at the State level, the feedback he is getting is that it is still not much further along than it was one month ago in resolving its budget disputes. He stated he is not sure what is going to come out of the Legislature in the special session; reiterated staff will continue to monitor it; he did not want to act prematurely, but is sensitive to the potential for a loss in revenue; and staff outlined some steps that could be taken at whatever time is necessary to take them.

Commissioner Higgs inquired does Mr. Jenkins have a dollar figure estimate on the freeze items listed on item 3 in terms of freezing capital outlay and travel; with Mr. Jenkins responding negatively. Mr. Jenkins stated it would be very speculative and basically reigning the County's spending by not filling vacant positions and those types of things, which are extremely hard to quantify without guessing; the County normally has an attrition rate; there are always some vacant positions; and those are the funds used for cash forward each year which are used to augment new dollars. He noted the County would try to hold the cash forward dollars steady or increase them if it were to freeze positions and things of that nature; and the other option is to take it from the reserve. Commissioner Higgs stated the Board tried not to reduce the reserve because that is what is operates on the first of each fiscal year; and it has negative impact as well.

Commissioner Scarborough stated the County is dealing with something it does not know about; it could talk about revenues coming in; he has seen the mortgage refinancing; and there are things that will show new revenues. He noted the State could pass on Medicaid costs to Brevard County that could impact it; it is a very complex issue; as soon as it gets a handle on it, it would be advantageous for the Commissioners to go to Tallahassee; and the Board needs to know what the problem is and where the County is going to be impacted.

Mr. Jenkins stated the State does not know what it is going to do; it presents a problem for everyone; he had a conversation with Representative Bob Allen; and one of the issues being discussed is the County is having to pay a greater share of Medicaid. He noted a representative from the West Coast of Florida cited a Statute, which says that technically the counties can legally be required to pay more in the cost of the State Medicaid Program; his comment to Representative Allen was that if Brevard County is told that in July where it can plan for it in October, it makes it much more manageable; the County takes great pride in the fact that when it knows what its resources are, it balances its budget and lives within its means, whatever those means are going to be for the particular year; but when the rules are changed on the County in the middle of the year and it is expected to come up with $1 million, it is a real hardship. Mr. Jenkins stated the message he left to Representative Allen is that if the counties are going to pay more for Medicaid, so be it, if it is legal and expected; but give Brevard County advanced warning so that it can budget and account for it. He noted the County needs to separate the current fiscal year that it is already in from what might happen in subsequent fiscal years and deal with it; Brevard County's message to Tallahassee is that it is in the middle of a fiscal year; it budgeted its resources based on what the State told the County they were going to be; and if it tries to change the formula now, it is creating a undue hardship on local government. He stated the County has not created the problem in local government and has managed its resources effectively; the crisis is at State government; the State should not make the County solve its problem; and that is what Brevard County's message should be.

Commissioner Higgs stated part of the County's problem is that it gets $27 million in revenue from the sales tax; if it decreases 10% or 5%, it is a significant impact on the budget; so beyond the fact of what the State may or may not do to the County, the revenues are not likely to be what the County thought they would be; and if there is a 10% decrease, it is a lot of money to the County's budget. She noted almost 5% is what the State was telling Brevard County; and it is a significant dollar figure.

Chairman Carlson stated she is sure staff has forecasted the effects on the sales tax due to the lack of tourism; that is going to take the one shot; whatever the State is going to pass on to the County is going to be another shot; so the County should have some forecasting plan that says this is what it is going to do to resolve the issue.

Mr. Jenkins responded it is in the memorandum he sent out yesterday; reiterated tourism is down, but there are other components of the economy that are up; one may offset the other; and in looking at the history of the projections that the County gets from the State Revenue Office, Brevard County typically budgets different numbers as it has a history of what it ultimately ends up getting from the State each year. He noted the County does not use the numbers that the State issues in July in the budget; the County issues numbers based on its forecasting and calculations according to what it traditionally receives; it monitors historically what it receives; and the County has a series of options of things it can do to reduce expenditures if it finds it necessary to do so. Mr. Jenkins stated the bottom line then becomes if the Board wants to do it now as a very precautionary measure, or does it want to wait until staff confirms what the impact is going to be; and staff should know the answers fairly soon as the Legislature is going back to special session and within the next 30 to 60 days, staff will be getting more data from the State in terms of what it is collecting. He noted a staff member was at the Government Finance Officers Association (GFOA) annual meeting last week; the GFOA had the opportunity to network with a number of different counties around the State; most counties are in the same position as Brevard County; and they are watching the issue closely and have developed contingency plans. He stated most counties are withholding any real actions until they know how they are going to be impacted; Brevard County is standing ready to do whatever it has to do; but rather than doing it before it has to, that is the position staff has been taking up until now; and the Board may choose to take a different approach.

Commissioner Higgs stated the County needs to look at what its revenues are as soon as the Legislature makes a decision after the session; staff should try to seek some information based on the last time the economy went into serious recession and what happened to the revenues there; and it can go historically back and look at parallels as to what happened to the revenues around 1990 and 1991 to see what happened to the revenue that the County received from the sales tax to gain some insight. Mr. Jenkins responded staff can do that; the only variables are the low interest rate, which would have to be compared back to 1990 and 1991 to see what the interest rate was; and because the nation is at war now, a lot of industries are very busy at this time in Brevard County, outside the tourism industry. Commissioner Higgs stated some of the revenue issues that were occurring back in the last recession could give the County some ideas; if the Board approves the measure today, it needs to be done with the clear understanding that it is looking at a quarterly review; people should assume in making their own personal decisions that the County will be looking at the information in approximately two weeks when it is received from the Legislature; and the County will have to continue to review the information. She noted she does not want people to say that they are getting the salary increase, the County is moving forward December 7, 2001, and not realize that the Board may face some very difficult decisions; and all of the issues in terms of revenues and expenditures are going to be on the table at that point.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve implementation date for employees cost of living and merit increases to permanent non-bargaining unit personnel effective the first pay period ending in December, 2001 to coincide with the L.I.U. bargaining unit, with the understanding that there will be a quarterly review, and information from the Legislature will be reviewed in two weeks. Motion carried and ordered unanimously.

Chairman Carlson stated Commissioner Higgs' points are well taken; hopefully there will be County representatives in Tallahassee talking to the Legislature and supporting their actions; and hopefully they will not be as severe as the County might anticipate.

APPRECIATION

Commissioner Colon stated she has been a County Commissioner for one year now; and expressed appreciation to County staff for their assistance and the warmth they have displayed to her and her staff. She noted it would not have been a smooth transition without staff's support; and thanked the Commissioners for their assistance also.

ANNOUNCEMENT

Chairman Carlson and Commissioner Colon wished everyone a happy Thanksgiving.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 12:27 p.m.

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

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