April 18, 2002

The Board of County Commissioners of Brevard County, Florida, met in special session on April 18, 2002, at 1:13 p.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Vice Chairman Jackie Colon, Commissioners Randy O'Brien, Nancy Higgs and Susan Carlson, County Manager Tom Jenkins, and County Attorney Scott Knox. *Absent was: Chairman Truman Scarborough.

DISCUSSION, RE: TOGETHER IN PARTNERSHIP (TIP) STRATEGIC PLAN

Introduction

J. B. Kenna, Operations Manager for Housing and Human Services, stated today the Board will hear from key community members who will share their insights into solutions the County must address in order to reduce juvenile delinquency; and read a letter from Dr. Richard DiPatri, as follows: "Dear Commissioners: As Chair of Leadership Roundtable, I want to commend the Commission's wisdom in initiating the successful collaboration known today as Together In Partnership. Rarely does a community build such consensus and sustain such momentum for making research-based decisions for children, youth, and families. I regret that I am unable to attend today in person. I will be attending a long-standing event in honor and recognition of the Brevard Public Schools' Business Partners. I wish, however, to be on the record as wholeheartedly supporting the recommendations of Together In Partnership as approved by Leadership Roundtable, and I anticipate with pleasure our continued collaboration. Sincerely, Richard A. DiPatri, Superintendent."

Executive Summary

Teresa Ponchak, Manager, Circuit 18, Department of Juvenile Justice and TIP Chair, requested those individuals in the audience who are present for TIP to stand; and stated this group of people helped write the TIP Strategic Plan. She stated on May 25, 1999, key community leaders came before the Board and requested it to support a comprehensive strategic planning process to reduce juvenile delinquency in Brevard County; and the Board rose to the challenge and adopted Resolution No. 99-098, establishing the Juvenile Justice Comprehensive Strategy Committee, now known as TIP. She noted during the past three years, this initiative has evolved into a benchmark planning process with broad stakeholders support; the mission was to build partnerships and develop a plan to improve the delivery of services to youth and their families; a copy of the Plan is before the Board; and read a Stephen Covey comment, as follows: "If the ladder is not leaning against the right wall, every step we take just gets us to the wrong place faster." Ms. Ponchak stated the TIP Committee would tell the Board that the Plan places the ladder on the right wall; it looks forward in sharing its long-term Plan with the Board today; and as the Board reviews the Plan, it will see that the Committee has goals at one, three, and five years. She noted the Committee worked on baselining numbers; such information is included in the Executive Summary; the Committee reviewed National Juvenile Crime Indicators and found that juvenile arrests for burglary declined consistently and substantially 63% between 1980 and 2000; and juvenile arrests for larceny-theft declined 24% over the 10 years between 1991 and 2001. She stated the Juvenile Violent Crime Index arrest rate for males declined 16% between 1980 and 2000; however, the year 2000 arrest rate for females remained 66%, above the 1980 rate. She stated concerning the State Juvenile Crime Indicators, Florida ranks third in the nation in the number of arrests for violent crimes for every 100,000 persons ages 10 to 17; and Florida ranks sixth in the nation in the number of arrests for drug abuse for every 100,000 persons ages 10 to 17. Ms. Ponchak stated three out of four juvenile offenders in delinquency treatment programs admit to problems with alcohol or drug use; juveniles remain responsible for about one out of four violent crimes in the State; aggravated assault and battery by juveniles are up; and one out of four juvenile offenders in Florida is a girl. She noted the number of girls arrested for violent felonies has more than doubled in the past eight years; and burglary remains the number one felony crime committed most often by juvenile offenders. She stated concerning the Local Juvenile Crime Indicators, overall juvenile arrests in Brevard County are down 16% per 1,000 persons ages 10 to 17; and the juvenile arrest rate for felonies against persons increased 41% between 1995-1996 and 1999-2000. Ms. Ponchak stated murder/manslaughter referrals rose 500% between 1995-1996 and 1999-2000; arson referrals increased 93% between 1995-1996 and 1999-2000; and marijuana referrals increased 163% between 1995-1996 and 1999-2000. She noted the juvenile arrest rate for misdemeanors decreased 8% between 1995-1996 and 1999-2000; theft referrals decreased 36% between 1995-1996 and 1999-2000; however, marijuana misdemeanor referrals increased 47% between 1995-1996 and 1999-2000; and possession of alcohol referrals increased 46% between 1995-1996 and 1999-2000. She stated some of the numbers for 2000-2001 period are just starting to come out now; and staff did not have the information to include in the presentation.

Background

Ms. Ponchak stated the first part of the Committee's mission was to achieve community consensus among key stakeholders to strengthen the family, support core social institutions, promote delinquency prevention as the most cost-effective approach, and intervene immediately and effectively. She stated successful collaboration results in intensifying support, engaging in shared goals, and cost effectiveness and efficient problem solving; and the strengths and resources that have come from the Committee happened because of the confidence, commitment, and support of the Board, School Board, Department of Juvenile Justice, and other community service organizations. She noted the Committee remains partner oriented, data driven, research based, outcome focused, and active volunteers.

Leadership Roundtable

Bob Morin, District Administrator for Department of Children and Families and member of Leadership Roundtable, stated the membership of Leadership Roundtable include the Chief Judge of the 18th Judicial Circuit, County Manager, Health Department Director, Public Defender, School Superintendent, Sheriff, Legislative Delegation Chair, Children's Services Council Chair, Department of Children and Families District Administrator, Department of Juvenile Justice Circuit Manager, United Way President, and State Attorney. He noted the mission of Leadership Roundtable is to build partnerships and implement a plan to improve the delivery of services to youth and their families, improve child information sharing, integrate community planning efforts, and increase effective use of financial resources; and the keys to success include stakeholders from all sectors, reflect cultural diversity, have a defined structure, be flexible, be continuously updated, and have an ongoing evaluation. He stated TIP provides the means for accomplishing successful collaboration and promoting community initiatives for children and families; and TIP progress includes a $100,000 Department of Juvenile Justice Grant to support implementation, expanded resources to assist with centralized benchmarking and data collection, and indicator and resource mapping that has identified the highest risk zip codes, which are 32935-Eau Gallie, 32922-Cocoa, 32907-Palm Bay, 32955-Rockledge, 32953-Merritt Island, and 32780-Titusville. Mr. Morin stated further TIP progress includes a Community Information Sharing Workshop culminating in a Memorandum of Understanding between executives, implementation of a web-based Client Information Management System (MetSYS), creation of a Brevard County definition of best practices, and creation of Alliance of Substance Abuse Providers (ASAP) to share limited resources, apply for grant dollars, and advise planning bodies; and Brevard County has identified two primary risk factors through an extensive research initiative utilizing archival data-family management problems and academic failure beginning in elementary school.

Plans

Diane Scott, Department of Children and Families and Family Management Subcommittee Chair, stated the goals for family management include that families in Brevard County will have their basic needs met for adequate food, shelter, health care, and clothing; children will be free of violence, abuse, and neglect; and Brevard County will experience a reduction in substance abuse. She noted basic needs indicators include that Brevard County currently has 94 emergency shelters and 439 transitional housing beds available, based on current funding, but has an estimated homeless population of 2,100; local food banks provide 1,333 meals per day, and distribute over 550 pounds of food per day; the percentage of elementary and middle schools offering free and reduced lunch program is increasing; and enrollment in free and sliding scale health services is increasing. She stated violence, abuse, and neglect indicators include that the number of reported incidents of child abuse increased 73.8% between 1996-1997 (3,943) and 2000-2001 (7,544); the number of verified incidents of child abuse increased 44.5% between 1996-1997 (1,858) and 2000-2001 (2,684); the number of children living in foster care increased 101% between 1996-1997 (215) and 1999-2000 (433); and Brevard County (819.1) exceeds State rates (779.8) in the number of domestic violence reports per 100,000 persons. Ms. Scott noted substance abuse indicators include that the total alcohol sales for the County have increased steadily over the past five years; juvenile arrests for alcohol, tobacco, and other drugs have increased, while adult arrests have declined; and Brevard youth exceed State averages on every category of drug surveyed for on the 2000 Florida Youth Substance Abuse Survey. She reviewed graphs delineating substance abuse statistics for Brevard and Seminole Counties, and the State of Florida; and advised such graphs include the percentage of youth who reported having used hallucinogens, methamphetamines, heroin, and cocaine in the last 30 days.

Chairman Scarborough stated looking at the graphs is distressing; and inquired has staff indicated why it is occurring disproportionately in Brevard County to a greater degree.

Ian Golden, Housing and Human Services, stated there are several factors; the risk factors that TIP is reviewing are probably contributing factors to the amount of substance abuse by children; since the risk factors are elevated for family management, those are also correlating with the increased in substance abuse; and there is a lack of resources to address the issues. He noted the County needs to look at more prevention efforts to address the issues; in Brevard County, 1,141 children were surveyed; in Orange County, approximately 1,700 students were surveyed; and in Volusia County, four times as many students were surveyed; and Brevard County still exceeds those numbers. Chairman Scarborough stated Brevard County is higher than its adjoining counties.

Commissioner Carlson inquired has staff looked at the programs in the other counties that have a lower percentage than Brevard County. Mr. Kenna responded that is what it is doing with this process; the Board will see it when it gets the results of the Strategic Plan; staff has identified whether it is substance abuse, teen pregnancy, youth violence, or other problem adolescent behaviors; and there are certain risks and elevated risk factors that adolescents are exposed to and has less protection involved in their life, whether it be social bonding, good grades in school, or positive role models.

Chairman Scarborough inquired what is making the risk higher in Brevard County. He stated at the East Central Florida Regional Planning Council meeting he attended this morning, a lot of people in the Region think that Brevard County is better off than the rest of the Region; and inquired if the County has some things that are indicating to the greater community that, at least economically, they look good here, then why is it failing so badly with its youth. Mr. Kenna responded he would hesitate to say that the County is failing. Chairman Scarborough noted Brevard County has more than twice as much, going from something less than 2% to something over 4.5%; and that is not a marginal difference, but a substantial difference.

County Manager Tom Jenkins inquired if staff can say that Seminole County is eliminating more of the risk factors than Brevard County at this time; with Mr. Kenna responding affirmatively. Commissioner Higgs noted the whole deal is to address the risk factors.

INTRODUCTION

Chairman Scarborough welcomed Dr. Richard DiPatri to the meeting.

Ms. Scott stated concerning substance abuse and delinquency, aggression is a risk factor for the subsequent development of substance abuse; drugs can increase the rate of both violent and property offenses, increase the likelihood of poor mental health, school dropout, and delinquency, and increase weapon carrying and physical fighting among adolescents.

Lieutenant Paul Ring, Sheriff's Office, stated there are three goals concerning early academic success; Brevard County residents will have access to quality child care, including infant and toddler care, which meets National Association for the Education of Young Children standards for staff and child ratios, and is provided by trained personnel; school children, their families, and school-aged teen parents will have access to the services of a social worker; and children will attend school on a regular basis. He noted quality child care indicators include 601 child care sites in Brevard, 15 are accredited, and 36 are working towards accreditation; and there are 191 licensed child care sites in Brevard. He stated social worker indicators include that eight social workers currently serve the Exceptional Student Education population of 10,807 students, or 1,350 per social worker; and school attendance indicators include that Brevard County students missed a total of 585,681 days of school during the 2000-2001 school year, which is down from the 1998-1999 school year when students missed 759,532 total days, and truancy rates for elementary, middle, and high school students have also steadily decreased.

Commissioner Carlson inquired what does it mean if the child care sites are not accredited. Mr. Golden responded the 601 child care sites also include the faith-based and family-operated sites; the accreditation is a standard that the industry has set; there is nothing that says a site has to be accredited; and staff is looking at setting up a baseline where it can measure where the County is now and measure how it is doing on its one, three, and five-year outcomes.

Commissioner Higgs inquired who has to be licensed, why are there 400 child care sites that are not licensed, who are they, and how would a parent know about that. Mr. Golden responded he does not have that specific information, but can provide it to the Board; the Membership for Early Academic Success looked at the School Readiness Coalition; and he needs to check what its definitions are. Mr. Warren stated Brevard County licenses the facilities; the difference is the license and the certificate; a family day care home does not necessarily have to go through the full licensing process; and a licensed day care center goes through a much more stringent process. He noted concerning the accreditation process called the Gold Seal Accreditation, the School Readiness Coalition is striving to get some of those day care facilities to seek that accreditation; it requires a lot more than what they currently have; they get an enhanced rate for that day care center; and they will also provide a better service to the children.

Commissioner Colon requested Lieutenant Ring advise of the positive approach taken by the Board for school resources officers (SRO's). Lieutenant Ring advised of the statistics for the elementary school SRO's from January 2002 to March 2002; stated there are eight SRO's who cover 17 schools; they have written a total of 265 case reports, made four arrests with misdemeanor charges and felony charges; and the felony charges were two separate incidents of battery on a school official. He noted there were also five capis requests where the SRO's took reports and could have made arrests, but chose not to; the students were either released to their parents or kept in school; and the requests were forward to the State Attorney's Office for a recommendation. He stated one of the goals is to keep a child in school as much as possible. Lieutenant Ring stated there were four weapons that were confiscated, including one razor blade, one bullet, and two knives; a total of 69 traffic citations were issued in and around school areas; the SRO's also guest lectured in 172 classrooms with approximately 3,500 student contacts; and 82 classes of D.A.R.E. were also taught with 1,500 student contacts. He noted there were 774 student referrals to different areas, including Circles of Care, guidance counselors, faith-based programs, and the PAL Program; and the SRO's counseled 194 parents. Commissioner Carlson requested Lieutenant Ring provide the Board with copies of the results.

Wayne Holmes, Assistant State Attorney and Vice Chair of the Sanctions Subcommittee, stated the Subcommittee set out three goals for sanctions, including increase access to and support for juvenile crime prevention programs within the County; increase access to, use of, and opportunities for diversion from the juvenile justice system; and maintain an appropriate number of juvenile justice intervention programs to meet the needs of youth within the County. He advised concerning prevention indicators, Brevard County's juvenile population is 104,699, 16.5% increase over the 1990 population; and the County has a limited number of prevention programs offering services to juveniles. He stated concerning diversion indicators, Brevard County diverted 878 youth in FY 2000-2001 and 1,271 in FY 1999-2000; the decrease can be attributed to the replacement of a Diversion Program that was contracted to serve 688 youth with a program that was contracted to serve 65 youth; and increased numbers of youth could be diverted out of the Juvenile Justice System if more programs and services were available. Mr. Holmes stated concerning intervention indicators, the number of youth placed on probation during FY 1999-2000 increased 20% over FY 1998-1999; and there were 3,400 youth with delinquency dispositions during FY 1990-2000, a 6% increase over FY 1998-1999.

Next Steps

Anselmo Baldonado, owner of El Playero and TIP Vice Chair, stated the next steps needed to successfully implement the TIP Program, include implementation of the Outcome and Action Plans; build/sustain collaborative relationships between key stakeholders; develop and maintain information and communication systems to support this collaborative approach; and educate and engage the community. He noted further steps include to monitor implementation of programs, policies, and practices; and monitor progress toward desired outcomes utilizing regular assessment and evaluation techniques.

Recommendations and Requested Board Action Items

James Russo, Public Defender and Leadership Roundtable Vice Chair, stated Recommendation 1 is for the Board to fund programs that are outcome based and targeted to TIP priorities in high risk areas; and the requested Board action is to support efforts to streamline the Community Action Board (CAB) funding process to focus on community priorities as identified in approved community plans such as the TIP Strategic Plan, and encourage the use of TIP data in the County Benchmarking Report, Strategic Plan, and decision-making documents and processes. He noted Recommendation 2 is to fund programs for a minimum of three years to allow for accurate evaluation; and the requested Board action is to support CAB efforts to fund programs for up to three-year time periods to allow for accurate analysis of impact. Mr. Russo stated Recommendation 3 is to ensure comprehensive strategy sustainability by monitoring, updating, and adjusting on a regular basis to meet changing conditions within the County; and the requested Board action is to agree that the TIP Strategic Plan is the tool for reducing risk factors among youth and that continuation is the key to reducing delinquency. He noted Recommendation 4 is to foster the creation of new and innovative programs that are outside the best practices definition, but focus on specific local issues and populations; and the requested Board action is to allocate up to $50,000 for mini-grant programs and encourage new and innovative programs to address identified community issues. He stated Recommendation 5 is that the TIP Strategic Plan has been developed through community consensus, it is the correct venue for reducing risk factors, and the means for the reduction of delinquency; and the requested Board action is to invest in efforts to increase community-based resources through aggressive pursuit of discretionary grant opportunities, and to adopt a resolution extending the TIP planning process through September 30, 2007, to continue community consensus building, reduce risk factors, and monitor, update, and adjust the Plan on a regular basis.

Dr. Richard DiPatri, Superintendent of Schools, stated in the 19 months he has been involved with Leadership Roundtable, particularly with limited resources, it has a plan in place which is a great start; and now it has to find ways to support the programs for students. He recognized and commended Rita Elkins and Ian Golden; requested the Board support the recommendations; and stated TIP is well on its way to do its best to eliminate the risk factors.

Commissioner Colon stated page 32 includes steps that the Board should take in developing and maintaining information and communication; one of the bullets talks about educating and engaging the community; the School Board plays a critical part in the communication as it is able to reach families; and inquired is it something that has been discussed within the School Board to try to bring some of this information that has been gathered from TIP to the homes. She inquired would it be possible to send the information through the newsletter that the School Board sends out to the parents or other information from each school, especially targeting the zip code areas that have been addressed. Dr. DiPatri responded communication is a challenge that the School Board and Board of County Commissioners face; one communication does not do it; the School Board now televises its meetings; and it uses the Mark of Excellence, student newsletters, etc. He stated the School Board is initiating an exciting aggressive program in its eight poorest elementary schools with the highest concentration of free and reduced lunch; in August 2002, the School Board will be implementing a full-day four-year old student program in those residence areas, with a long-term plan that in three to five years will service every four-year old in Brevard County who chooses to attend a preschool program; and all of the approximate 30 Title I schools will have a program in place in three to five years. Dr. DiPatri stated the School Board is starting with eight schools this year; it is dedicating its ongoing increases from Title I to creating more programs; that will allow the fee-based programs to move out into those schools that are not Title I; but parents who need that resource for their children would still be able to access it free of charge because all of the other schools would have the fee-based program. He noted in five years, the County could have every four-year old in Brevard County having the opportunity for a full day preschool program; it is a great accomplishment if the School Board can reach it; it is on its way to starting such a program; and the challenge is going to be getting parents to know it exists. He stated the parents are generally working parents; the children need to get into the program; engaging the community is a challenge that he and Mr. Jenkins face all the time; and the Kid Care Program offers free health care, but the School Board cannot get people to take advantage of it.

Reverend Charles Parker stated The Children's Services Council of Brevard County is proud to be one of the key partners in TIP; the Council saw the need for a structured process for building community consensus of the needs of children; the Board agreed in 1999 and initiated this as a Juvenile Justice Planning process; and the School Board caught the vision and subcontracted the Council to provide staff to the process under the shared services network. He noted with the addition of United Way in 2000, the four key partners--the County, the schools, Children's Services Council, and United Way continued to support TIP as the most viable entity for identifying and meeting the needs of all the children. He stated the United Way, Council, and Leadership Roundtable banded together and had a Youth Pastor Summit; and they also brought the faith-based mix into this effort to have an over-arching effort to help the children in Brevard County.

Connie Dow, stated PREVENT of Brevard is a community provider in the County of substance abuse prevention, intervention, treatment, and after care services; it has been a participant in the TIP process since it initiated; it fully supports the process; and it has been a conscientious and broad-based process. She noted the time is right now to focus on prevention.

John Holdsworth stated he provides a for-profit substance abuse treatment program for youth in Brevard County; he also has been involved since the initiation of the TIP process; the participation has been unbelievable; and he supports this process. He noted his program, B.O.A.T., has recently joined with Crosswinds Youth Services to open a program in the 32922 zip code area; it probably never would have happened without the TIP process; there are many benefits; and he cannot emphasize enough the amount of energy that has been put into the process. He stated Messrs. Kenna and Golden have been wonderful with the process; this is a process that needs to continue; the problems can be solved and need to be solved; and the more organization there is as a group with the various entities, the more likely they are to be successful. Mr. Holdsworth encouraged the Board to support the program.

Ellen Simmons, Director of Personal Health Services at Brevard County Health Department, stated she has been affiliated with TIP for approximately 18 months; the membership was always present at the TIP meetings; and it has been a true pleasure working with TIP.

The meeting recessed at 2:25 p.m. and reconvened at 2:40 p.m.

Discussion of Requested Board Actions

Commissioner Higgs stated this process has been driven by national research factors that indicate children who are at risk of juvenile delinquent behavior; the process has been outstanding; there are five good recommendations to move the community forward to prevent additional occurrences of juvenile crime; and they are based on benchmarks, outcomes, and good solid data. She noted the only difficulty is that the County cannot address all of the risk factors right now; it has identified three critical factors that it is going to address first, which seem to be most important overall; the County needs to continue to move forward; and she will move to adopt the recommendations.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt the Together In Partnership (TIP) recommendations, to support efforts to streamline the Community Action Board (CAB) funding process to focus on community priorities as identified in approved community plans, such as the TIP Strategic Plan; encourage the use of TIP data in the County Benchmarking Report, Strategic Plan, and decision-making documents and processes; support CAB efforts to fund programs for up to three-year time periods to allow for accurate analysis of impact; agree that the TIP Strategic Plan is the tool for reducing risk factors among youth and that continuation is the key to reducing delinquency; allocate up to $50,000 for mini-grant programs and encourage new and innovative programs to address identified community issues; invest in efforts to increase community-based resources through aggressive pursuit of discretionary grant opportunities; and adopt Resolution continuing the Juvenile Justice Comprehensive Strategy Planning Committee known as Together In Partnership, amending membership, election of Chairperson and Vice-Chair, and establishing sunset of the Committee. Motion carried and ordered unanimously. (See page for Resolution No. 02-102.)

Commissioner Colon stated one of the protective factors that TIP has identified is the faith-based community; and it is working hard to try to get churches from the community involved to handle some of the risk factors.

Commissioner Carlson stated TIP started in 1999; Brevard Tomorrow started last year; it was interesting how all the statistics came out from the Brevard Tomorrow process; what has been covered in the TIP Strategic Plan was in the Brevard Tomorrow process; and the County is already ahead of the game. She noted by the Board moving forward in this direction, there will be a benefit; and Brevard County will be on the leading edge.

Chairman Scarborough expressed appreciation to everyone for their participation; stated Brevard Tomorrow is going to be successful because of things like TIP; and what the County does here not only impacts the TIP Program, but impacts the total concept that the County does things well.

DISCUSSION, RE: AIR QUALITY REPORT

Introduction

Attorney Maribel Nicholson-Choice, Greenburg Traurig, P.A. Law Firm, stated with her today are officials from Florida Department of Environmental Protection (FDEP); a report was provided to the Board in September, 2000, concerning local air programs; and the report was followed by a public hearing that was held on October 31, 2000, during which such report and recommendations were discussed, along with a draft ordinance. She noted during the public hearing, several questions were raised by the Board on different issues regarding air regulations; following the public hearing she put together a report in response to such questions; there was a decision made by the Board to hold an air quality workshop; and today is a follow-up to that progression of ideas that have been developed concerning a local air program being established in Brevard County. Attorney Nicholson-Choice stated Rebecca Ajhar, FDEP, works directly with the head of the Air Program with FDEP in Tallahassee; she will provide a PowerPoint presentation, followed by a video; and the goal is to provide the Board with an overview of the State/Federal Air Regulatory Program. She noted also present is the attorney with FDEP; the attorney and Ms. Ajhar review local air programs and operating agreements negotiated between FDEP and each existing local air program; they are familiar with the criteria that are required in order to get a program approved by the FDEP; and that is important because an approval from FDEP of a local air program triggers State and federal funding. She stated if there is a more stringent local requirement that applies, that is part of the program; the program has to be a comprehensive one that includes monitoring, inspection, enforcement, and an ordinance; if a county has a package that has been approved by FDEP with a stricter standard, and it applies to any existing industry, including older power plants, FDEP will include it as a permit condition in the Title V permit issued to those power plants; and they are the people that evaluate whether or not a county has the type of program that should be approved and entitled to funding and enforcement on the part of the Department. Attorney Nicholson-Choice stated also present is the Central District Office Air Program Manager Lynn Koslow; he can answer questions concerning the Central District Office's Program; such Program has jurisdiction over Brevard County; and Mr. Koslow also supervises the Orlando Local Air Program, which is the only local P\program that exists under the Central District Office. She noted also from the Central District Office is Carolyn Shine; Ms. Shine is in charge of the three air monitoring stations that are located in Brevard County that monitor ozone and particulate matter; and Gary Kaberski is the Compliance Inspector with the Central District Office. She stated her goal was to provide individuals who would have answers to questions the Board might need in order to come up with an action plan or decision on how it wants to proceed; and at the end of the presentation, she will review the October, 2001 report, the recommendations, and the three options she has identified, including pros and cons, and what the Board should consider in regard to an action plan for Brevard County.

Florida Department of Environmental Protection Presentation

Becky Ajhar, representing FDEP, stated the Division of Air Resource Management is located in Tallahassee; and the Bureau of Air Regulation, Bureau of Air Monitoring and Mobile Sources, Office of Policy Analysis and Program Management, and Office of Air Program Communication and Outreach coordinate their efforts with the Central, Northeast, Northwest, South, Southeast, and Southwest District Offices, as well as eight local approved Programs in Broward, Dade, Duval, Hillsborough, Orange, Palm Beach, Pinellas, and Sarasota Counties. She noted the Division is responsible for implementing federal rules and regulations derived from the Clean Air Act Amendments of 1990; the Division's two Bureaus and Offices are instrumental in implementing federal regulations at the State level and the six District Offices and eight local programs at the local level; its primary functions Statewide include permitting, compliance assurance, ambient monitoring, and rule-making activities; and it strives to maintain or improve the air quality in Florida. Ms. Ajhar stated the Office of Policy Analysis and Program Management includes three different functions-rule development, emissions inventory area, and modeling section; under the rule development, the Office develops rules and adopts federal regulations through the State rule-making process; and it is also responsible for developing State implementation plans, which is the Division's blueprint of how it implements federal programs at the State level. She stated in the emissions inventory area, the Office collects data and verifies annual operating reports submitted by industry, which are required under permit conditions in the Title V Program; and the modeling staff uses computerized models for air quality assessments and trend analyses. She noted the data used in the models are derived from ambient air monitors, as well as data submitted through annual operating reports; the Bureau of Air Regulation has three sections-Title V Permitting, New Source Review Permitting, and Compliance Assurance; the State is responsible for coordinating the Title V Permitting Program Statewide; the Bureau is responsible for issuing permits for all electric utilities and waste-to-energy facilities in the State; and it collects the Title V emission fees from the facilities. Ms. Ajhar stated the New Source Review Section is responsible for reviewing and issuing construction permits for the major sources of air pollution; the Compliance Assurance Section coordinates the Air Compliance and Enforcement Program Statewide and maintains its Statewide compliance database; the Title V Permitting Program was created as a result of the 1990 Clean Air Act Amendments; and the Program is funded by approximately $10 million in emissions fees submitted by all Title V facilities. She noted the State of Florida, by Statute, presently charges $25 per ton for each criteria pollutant emitted by a Title V facility in a calendar year; and Florida has issued approximately 427 initial Title V permits and is currently working on renewals. She stated in the Florida New Source Review Permitting Program, since mid-1998, DEP has received air construction applications for power plants totaling approximately 27,000 megawatts of capacity; and this total represents approximately two-thirds of Florida's installed generating capacity prior to 1998. Ms. Ajhar stated other new source review industries include cement plants, phosphate industries, sugar refineries, pulp and paper, and boat building industries; Florida's Statewide compliance rates for Title V sources over a four-year period fluctuated between 95% and 96% in compliance; included in the Bureau of Air Monitoring and Mobile Sources are the Ambient Monitoring, Emissions Monitoring, Mobile Sources and General Permits Sections; the Bureau is responsible for its Statewide ambient monitoring network; it has a maintenance and repair shop for monitoring equipment; and it houses auditors who do Statewide quality assurance audits. She noted the Emissions Monitoring Section is responsible for reviewing alternative stack testing procedures, certifying acid rain and continuous emissions monitoring systems, and providing technical support on emissions testing and monitoring to the local and District Offices, as well as any private entity. She stated the Mobile Sources Section receives notifications for Title V general permits; it coordinates the Statewide Asbestos Removal Program; the inspections and data collection are done in the district and local offices; and it also handles the transportation planning and conformity issues. Ms. Ajhar stated Florida's Ambient Air Monitoring Network consists of 221 monitors at 145 monitoring sites located in 34 of Florida's 67 counties; DEP's division office in Tallahassee is responsible for the installation, maintenance, quality control, data analysis, and repairs of the Statewide network; and the monitors are operated by district and local program staff out in the field. She noted currently Florida is not exceeding any of the National Ambient Air Quality Standards for the six criteria pollutants; the six criteria pollutants include lead, nitrogen dioxide, carbon monoxide, ozone, particulate matter, and sulfur dioxide; and ozone remains the air pollutant of concern in Florida. She stated the Environmental Protection Agency (EPA) proposed the eight-hour ozone standard in 1997, which was challenged by a number of industrial groups and was left to the courts to decide if the standard was arbitrary and capricious; on March 27, 2002, the U.S. Court of Appeals for the DC Circuit ruled in favor of EPA; this action allows EPA to move forward with the designation of non-attainment areas across the country; and it is possible that two areas in Florida will be affected by this recent ozone ruling. Ms. Ajhar noted the greater Pensacola area and the greater Tampa Bay area have measured ozone in excess of the level of the new eight-hour ozone standard; both areas have levels of ozone reasonably close to the standard and may or may not be in violation at the time designations are made; ozone levels are running slightly higher in the Pensacola area than in the Tampa Bay area; mathematical modeling studies are currently being performed in both areas of the State to determine the most effective way to reduce ozone levels; and it is expected that EPA will not make any final designations until 2004 or 2005. She stated EPA provided grant funding in 1998 to begin the implementation of Florida's PM 2.5 monitoring network; currently, there are 37 PM 2.5 monitors located around the State; the PM 2.5 samples are shipped to DEP's PM 2.5 lab in Tallahassee; EPA's proposed PM 2.5 standard is 15 micrograms per meter cube; and based on the first annual average PM 2.5 data, Florida has not exceeded the new PM 2.5 standard. Ms. Ajhar noted the Office of Policy Analysis and Program Management includes the Rule Development Section, Emissions Inventory Section, and Modeling Section; the Rule Development Section is responsible for adoption of federal regulations, State rulemaking, and implementation of State Implementation Plan (SIP); the Emissions Inventory Section is responsible for Annual Operating Reports (AOR); and the Modeling Section is responsible for air quality assessment, air quality modeling, and trend analysis. She stated the Office of Air Program Communications and Outreach houses the Small Business Assistance Program (SBAP); such Program is required by the Clean Air Act of 1990; it employs a small business ombudsman; and there is a 1-800 Help Line. She noted the Office also provides education and outreach, including the Partnership for Ecosystem Protection (PEP), Clean Air Month, and urban air initiative.

Ms. Ajhar showed a video presentation to the Board and audience concerning FDEP's efforts to keep Florida's air clean and safe, FDEP's mission to keep Florida's good air quality, what is being done in government to meet the clean air mission, suggestions on what individuals can do to assist, air pollution criteria, air pollutants, power plants, motor vehicles, other industrial sources, ozone, long-term monitoring, National Ambient Air Quality Standards, particulate matter, combating pollutants, the challenges that face everyone, Air Quality Management Programs, Federal Clean Air Act, controlling air pollution in the State, controls on the conditions for automobiles, power plants, reduced acid rain, rules and procedures to control sources at the local level, coordination with other states, DEP's six District Offices in Florida, DEP's eight Local Programs in Florida, Florida Small Business Assistance Program, Compliance and Permitting Sections in Tallahassee, construction and operating permits, review process, permit processing fees, compliance with air pollution rules, Monitoring Program, Air Quality Index, ozone monitors, Outreach and Small Business Program, providing regulatory and technical compliance assistance to small business in Florida, and education and information programs.

Lynn Koslow, Program Administrator for Air Program in the Central District Office, stated the District is responsible for permitting, enforcement, compliance, air monitoring, and handling complaints; the local program within the District is located in Orange County; and it handles the enforcement, compliance, air monitoring, and complaints. He stated Orange County has a larger environmental program that covers other programs; the Air Program it has is a delegated one from the State; and there are six monitoring sites in Orange County, which include two ozone sites. He noted Brevard County has three monitoring sites, including TiCo Airport, Melbourne, and Cocoa Beach. Attorney Nicholson-Choice stated such sites monitor ozone and particulate matter.

Commissioner Colon inquired how many people staff the sites. Mr. Koslow responded the District takes care of it and covers all the counties except for the Florence site; there are more people on the air staff than people covering the monitoring sites within the District; and there are four people who go around the entire District to cover the sites. Commissioner Carlson inquired how many times has Orange County been in non-attainment. Mr. Koslow responded under the old standard, Orange County went into non-attainment; there was a one-hour standard that was in existence about 16 years ago; and rack standards were incorporated for sources, namely the DOC sources, in such County to help bring down the source of ozone. Commissioner Colon inquired if residents in the Port St. John area could contact someone locally if necessary. Attorney Nicholson-Choice responded Carolyn Shine performs and operates the air monitoring stations in Brevard County; and she will address where the air monitoring stations are located and what is being monitored for the County.

Carolyn Shine stated there is a network in Brevard County; the particulate matter at the TiCo Airport is called PM 10; the size of the particles are 10 microns and less; another type of monitoring in Melbourne is called PM 2.5; and those are the smaller particles that are most likely to be inhaled and go into the lungs. She stated ozone monitoring is at the Melbourne and Cocoa Beach sites; every day from Monday through Friday, the staff puts out on the website an air quality index; and anyone can go to such website and look at the air quality index that is derived from looking at the pollutants on a daily basis. She stated included on the website is a forecasting model; the District does forecasting of the next day's ozone values; individuals that are very sensitive to ozone and may have respiratory problems may be able to go to the website and get a general idea of the conditions for the next day; and they can take whatever precautions they need to take.

Attorney Nicholson-Choice stated based on the criteria that FDEP and EPA use to measure air quality, Brevard County is in attainment concerning air quality; it meets all of the standards established for particulate matter and ozone; and air quality would be generally considered in compliance in Brevard County.

Commissioner Higgs stated the 2.5 monitoring in Melbourne is a smaller particle than the one in Titusville; and inquired why 2.5 monitoring is not used in the Titusville area. Ms. Shine responded there was a certain number put out Statewide of all the PM sites; the 2.5 monitoring is fairly new, but it is representative of the entire Brevard County area; the Melbourne site is one of the newer sites; and most of the monitoring is being done in the Melbourne site. She noted the ozone and PM 2.5 monitoring systems are there; if the program expands, another 2.5 monitoring system may be put in rather than the PM 10 monitoring system; the PM 10 monitoring system has been there all along; and as the need arises, they will probably be phased out and something more stringent put in. Commissioner Higgs inquired can the County ask for 2.5 monitoring in Titusville; with Ms. Shine responding yes. Ms. Shine advised Dick Arbe is with the Ambient Air Monitoring Program in Tallahassee and decides where the monitors will be placed; and if Brevard County made a request, it would be reviewed very carefully.

Commissioner Carlson inquired is the 2.5 micron station within the Clean Air Act as far as what the County should be monitoring, and how does one justify 2.5 versus 10. Ms. Shine responded all of them are PM 10 based on the regulation; and there are two regulations. Ms. Shine stated there is the eight-hour ozone standard, which came about and was challenged; the PM 2.5 came along about the same time; and there is a three-year average that would need to be reviewed with the 2.5 to determine where the levels are. She stated it is a matter of what was there and what is being replaced as time goes by; and the Melbourne site was chosen for Brevard County to put the 2.5 at this particular time. Chairman Scarborough noted the 2.5 is the newer process.

Attorney Pat Comer, FDEP Air Program, stated there are ambient air quality standards at the federal level; such standards for particulate are set for two different particulate standards; one is at 10 microns or less; and there is a separate standard for 2.5 microns or less. She noted there is no standard for particulate above that; both of those have to be monitored; FDEP has to do a certain amount of monitoring; and it is based on population and things of that nature at different points in the State. She stated monitoring is an expensive process; FDEP tries to find the most representative places; but it cannot say to substitute 2.5 for PM 10 because it still has to monitor the PM 10.

Brevard County Local Air Program Report

Attorney Maribel Nicholson-Choice stated the Local Air Program Report dated October 21, 2001 includes options that are available for the Board to consider as to whether or not Brevard County would like to proceed in establishing a local air program.

Commissioner O'Brien stated page 12 of the Local Air Pollution Control Program Considerations for 2001 says, "To ensure that areas of the country with good air quality like Brevard County do not approach non-attainment of the ambient standards. EPA established 'Prevention of Significant Deterioration (PSD)' increments, which allow only a margin of increase above baseline levels"; Brevard County has good air quality; and the current three-year averages for the two monitors in Brevard County are 77 and 79 parts per billion (ppb), well below the 85 ppb standard. He stated page 17 states, "Funding is not lost if an area is designated as non-attainment, although the County's economy could be affected through pollution control requirements for both stationary and mobile sources. Certainly, new facilities may not locate and expansions of existing facilities may not occur within the County if it is designated as non-attainment." Commissioner O'Brien stated Brevard County is not there and has attainment status; page 18 includes the negative aspects of a Local Air Pollution Control Program; it says, "Additional staff and decisions at County level. The County will be directly addressing complaints by the citizens of Brevard County and be responsible for the air emission facilities in Brevard County. As a result, the County could be faced with some very tough decisions now handled at the State level. To implement the program, the County could be required to provide partial funding. Full funding from the State or federal levels is not likely, especially prior to approval by DEP. As drafted, the program exceeds the scope of the State program and would cost more to operate. To the extent that outside consultants and law firms are used to supplement the County's staff, additional costs would be incurred. Federal grant money is not likely to be available. Expected costs are at least $500,000 to over $1,000,000 per year. The County's program is duplicative of the State's program and would create another layer of bureaucracy. Also, County's with long-established local programs typically have good relationships with the air emission sources within the County. For sources in counties without local programs, like Brevard, those relationships have been formed with the District Offices of DEP and it would be disruptive to change that dynamic at this point. The County first needs to consider what air quality 'problems' exist within the County. As stated earlier, the County is in compliance with all existing ambient air quality standards, and well below the PM standard. Particular pollutants include ozone and its precursors, and are in compliance with the standard. The conclusion is that there is no compelling reason or need for Brevard County to establish its own air program or to impose additional air quality regulations upon the stationary sources located within the County."

Commissioner Higgs stated in Attorney Nicholson-Choice's report, she has the Harvard Center for Risk Analysis' analysis of what might occur if old power plants were changed and conformed to new standards; it was a very interesting study from Harvard; the study showed some significant health benefits that could be achieved if the new standards were applied; and requested someone from DEP speak to the issue if the old power plants were required to come into compliance with new standards. Mr. Koslow responded the two power plants are grandfathered in the County and have no caps on their emissions; but if controls were placed on the plants, the emissions could be reduced; there is technology to control the NOx and SO2; and those are the primary things that could be done. He noted the newer plants, such as coal-fired plants and the two sand plants, have all the latest technology for a power plant; certain things can be installed; but it is a very expensive proposition. Commissioner Higgs stated the study from Harvard indicated that reductions could be expected to prevent 300 deaths a year and reduce most exposed individuals annual risks of death due to particulate pollution by approximately 500 and 100,000 persons; the study also found that if all power plants across the United States reduced their emissions by 75%, approximately 20,000 premature deaths per year might be prevented; and inquired would it take federal action to require that, or could the State or local government do it. Mr. Koslow responded he cannot speak to the legalities of this; but the federal government can do something, and decided to amend the Clean Air Act. Commissioner Higgs inquired does the federal government's Clean Air Act preclude the State of Florida from taking that action. Mr. Koslow responded the State can do this if the Legislature desires. Commissioner Higgs inquired if the County were to establish a local air quality program, could it require the grandfathered plants to meet the kind of standards included in the Risk Analysis Study. Attorney Nicholson-Choice responded if local government has a comprehensive approved local program that includes an ordinance that has been approved by the FDEP and there is a more stringent standard that would apply to an older power plant, the FDEP would enforce it cooperatively with local government and adding it as a permanent condition for Title V permit; whether the permittee would agree to it or challenge it is another question; the County would probably get a challenge; but it has been done.

Commissioner Carlson inquired how is the Clear Skies Initiative put out by the President on February 14, 2002 fit into the EPA standards and the more stringent standards. Attorney Nicholson-Choice stated the Clear Skies Initiative is an evolving one and is based on the concept that there will be a 73% decrease in emissions by 2018; it focuses on older power plants that are coal fuel; and it is a reaction from environmental groups and independent research groups that say when the Initiative is in place it creates incentives, but may not reduce emissions. Attorney Comer stated the Initiative is not a final process yet; the Ambient Air Quality Standards appear to be in place now; the 8-hour ozone standard and PM 2.5 standard have overcome almost all of the tests they are going to have; there are some questions about details of implementation left open; but the standards themselves are pretty much all right. She noted how they will be applied is a good question; the Clean Air Act is sitting there and is going to have to be changed before a lot of these other initiatives would be implemented; and her guess is as good as anyone else's whether Congress wants to undertake a major change of the Clean Air Act. Commissioner Carlson stated she understands it is an Initiative and is not locked; and it is looking at a Clean Air Act of the 21st Century, which reduces a lot of the things being discussed, but it is looking at 2020 for any change to occur. Attorney Comer stated the State has been looking at energy for the next 20 years also; this year nothing much happened in the Legislature as it has been busy with other issues; and it is still possible next year that the Legislature may want to look into the results of the Energy 2020 Commission that took two years to evaluate energy needs and other aspects of energy in the State. Attorney Nicholson-Choice stated portions of that report are part of her report as an attachment; and the question by Commissioner Carlson is an evolving issue. Commissioner Higgs stated neither the State nor the federal government have revised their standards in the Clean Air Act or State standards to address the concept that these kinds of benefits discussed could be achieved; with Attorney Nicholson-Choice responding that is correct.

Options

Attorney Nicholson-Choice stated there is precedent in Florida for local government to establish a local program and not have an "air pollution problem"; Sarasota is in attainment, but has a local air program; and Sarasota's goal is to prevent air pollution from becoming a problem there.

She advised Sarasota's program was approved in 1983; reiterated that a county does not have to have an air pollution problem if it decides to establish a program; stated if Brevard County decides to establish such a program, the standards are going to be comprehensive; and DEP is going to be looking for a package program and a commitment on the part of local government from a staff perspective and funding. She noted the start-up costs are going to be the County's; it will have to demonstrate over a period of time that its program is effective; there are two programs pending in Florida that have been struggling to be approved-Alachua and Manatee Counties; and Howard Rose indicated one of the biggest issues with them is demonstrating competency. Attorney Nicholson-Choice noted competency is a big issue for Mr. Rose; he would like to see the program up and running, doing inspections and enforcement, air monitoring, and having more than one or two local staff; Mr. Rose is not looking for a piecemeal program, but a package, such as Miami-Dade and Broward Counties; and such programs have been up and running for a long time and they do everything except Title V permitting, which is strictly in FDEP's jurisdiction. She stated to establish a program is going to take time and money; Sarasota is a comparable county to Brevard County; in 1999, Sarasota's budget was $614,000 a year to run the program; reiterated that the start-up costs are local in nature; and after a county demonstrates that the program is effective and it is approved, then it triggers federal grant money and State tag money. She noted another option that would provide the County with a bridge and interaction with the FDEP in regard to Title V permitting does not require the County to have a program; it is exercising some of the County's existing rights in participating in the Title V process; Title V facilities have to report non-compliance issues by March 1st of each year to FDEP; and the County could be privy to that and draft Title V permit applications, comment during the public comment period, and require the FDEP provide the County with notice when a Title V permit is pending. Attorney Nicholson-Choice stated the County can also request emissions data from Title V facilities; the third option is a request for the Florida Legislature to take action; there are two States-Texas and Massachusetts that have successfully adopted Legislation that requires older plants to have new control devices; but both of those States were in non-attainment at the time they got it done; so they were able to justify it at the State level. She noted both States had ozone issues; they were able to pass restrictions and requirements to reduce emissions from the older plants and require them to have newer devices; she talked to Mr. Rose concerning the position of FDEP on environmental protection in Florida in regard to regulating older power plants; and from the 2020 Commission excerpt and her discussions with Mr. Rose, it is her understanding that FDEP is supportive of improving air quality and older power plants doing more than they are presently doing. She stated whether or not it is justified, there is only one place in the State where it might be justified, which is Pensacola; right now it is in attainment, but on the border of being in non-attainment; in the event it becomes in non-attainment, there is an older power plant located there; and the older power plant owners are aware that they might be in a non-attainment area and be the major source that people are looking at. She noted such plant is voluntarily retrofitting; what it means politically is that there is support for the concept that older plants should have newer control devices; there is a benefit to the State for that; and there is also support politically for there being local requirements for older power plants as opposed to the Clear Skies Initiative, which is a regional approach. Attorney Nicholson-Choice stated Option 3 could include a request on the County's part or providing its input so that in the event there is a request for legislation to require older power plants to have new control devices, the County would like to see that happen; it is something the Board would have to take on; and it would happen at the State level and be controlled there as opposed to the County trying to get a local legislation, which would be tougher since the County is in attainment.

Commissioner Carlson stated the County is in attainment based on the monitoring devices and the placement of them; and inquired is there any benefit to the community to place the monitoring devices in a different area, and does the device at TiCo Airport register what is being pumped out of the power plants which are located further south. Ms. Shine responded the monitoring stations are placed to look at a broad-based area; based on the modeling and information provided to FDEP, the monitoring devices were strategically put there; the device at TiCo Airport is one of the older sites; and it takes the power plants into consideration, but not site specific. She noted FDEP was trying to get a representative area-wide look; and moving the monitoring device within the County is not going to make a big impact on that. Commissioner Carlson inquired where are the other two monitoring devices located. Ms. Shine responded the device in Melbourne is located on Florida Avenue and the one in Cocoa Beach is located at 400 West First Street, near a school facility.

Douglas Sphar, representing Sierra Club Turtle Coast Group, stated clean air coupled with a healthy Lagoon, provides a great economic benefit to Brevard County; high-tech, high-paying companies want a quality environment for their employees; tourism and eco-tourism are also increasingly important components of Brevard's economy; and recent studies in California show that the ground level ozone can cause permanent harm to the developing lungs of children. He noted some people have said why spend money on an air program while there is good air; the Sierra Club believes that is the time to start a program; preventative action in the long run is usually more cost-effective than corrective action; and recently there have been some ominous signs that Brevard County may be heading in the wrong direction. Mr. Sphar stated during recent summers, there were episodes where ozone levels went over the unhealthy levels for some increment of time; the County should be actively encouraging the re-powering of Brevard's two power plants; the Sierra Club notes that Florida Power & Light (FP&L) Company signed a $7 billion Contract with General Electric for over 60 F-class combustion turbines; and the County should encourage FP&L to make an early allocation for the gas-powered turbines for a combined cycle re-powering of its Canaveral Plant. He noted the FDEP is requiring Sea Ray to install advanced technology styrene removal equipment on the ventilation system at the new facility; there are opportunities for the County to encourage Sea Ray to retrofit this equipment to the existing plant, which is putting out some levels of styrene; and nothing should be done that would compromise the operating hour limits that are currently imposed on the Oleander Power Project. Mr. Sphar stated the County should be looking to some legal initiatives in regard to air pollution; the Sierra Club strongly supports tighter air quality standards for Brevard County; and requested the Board move forward on considering the options proposed by Attorney Nicholson-Choice. She noted the long-term economic health of the County will win and the health of the citizens will win also.

Commissioner O'Brien inquired what events Brevard County has faced with bad air quality. Mr. Sphar responded the FDEP has a website that has shown where some events have occurred. Ms. Shine stated the regulatory standard says to look at the fourth highest number; that number is used for a period of three years and averaged to determine whether a county is in compliance or not in compliance; there are three readings that are taken prior to going to the fourth highest reading; Brevard County did have some readings that were at 85 last year; but they were not the fourth highest from a regulatory standpoint. She noted FDEP puts out an air quality index to make citizens aware that on a particular day the reading was higher; FDEP tried to investigate why Brevard County had a high ozone day when Orange County did not; the meteorologist indicated it was due to stagnated air and high pressure on both coasts; but normally there is a nice sea breeze coming in and helping to clear the air. She stated FDEP put out an air bulletin on it; Brevard County is not the only county that got a high reading; periodically through the years there are some days that receive high readings; and FDEP tries to be responsive to the public and let everyone know when those days are. Ms. Shine stated 1998 was one of the years with massive fires; such fires produced bad air quality on certain days; air quality is very much dependent on the weather; and with the rainy seasons comes a good air quality year. She reiterated that Brevard County did have a day that was over the 85 parts per billion level; but it did not exceed the fourth highest, which is the regulatory standard that FDEP looks at.

Commissioner O'Brien stated Attorney Knox's report dated September 26, 2000, says "Despite its reported attainment status, Brevard County, specifically of September, 1999, an ozone episode in Brevard County triggered a public health advisory. More recently, in February, 2000, ozone in Brevard County reached unhealthy levels." Commissioner O'Brien stated what has not been discussed today are the 592,000 registered vehicles in Brevard County; 93% of the air risk is from mobile sources; 7% of the air risk is from area sources; and .016% of the air risk is from point sources. He inquired are point sources power plants; with Ms. Shine responding affirmatively. Commissioner O'Brien inquired what are area sources; with Ms. Shine responding dry cleaners. Attorney Comer stated an area source does not emit pollutants, but concentrates pollutants, such as a parking garage; hazardous air pollutants is a different category of pollutants; an area source is a small source and non-major; but they are both facility kinds of sources of pollutants. She noted in dealing with hazardous air pollutants as opposed to criteria pollutants, which are the nitrogen oxide, sulfur dioxide, lead, particulate matter of 10 microns, particulate matter of 2.5 microns, and carbon monoxide, an area source is defined in the Clean Air Act as a place that does not necessarily emit pollutants, but concentrates them somehow; and hazardous air pollutants is a defined term that means a small point source. Commissioner O'Brien stated five out of 11 sources are the United States government, including Patrick Air Force Base, Cape Canaveral Air Force Station, NASA, and Kennedy Space Center; six of the sources remaining are Coastal Fuels, Sea Ray Boats, Orlando Utilities, Florida Power, and Yorke Doliner; there is a list showing the examples taken by the air monitoring stations; and aside from two or three days across the last four or five years, all of the standards have been well below the 85 parts per billion standard.

Commissioner Colon stated the highest percentage was the motor vehicles; the October 21, 2001 Local Air Program Report says, "Brevard County could arguably volunteer to opt into a motor vehicle inspection program"; and inquired how successful are the other counties who have initiated their own programs. Attorney Nicholson-Choice responded page 4 of her report dated October 22, 2001, includes information that in 2000, the Florida Legislature abolished the motor vehicle inspection program as it did not feel it was being effective; the federal regulations require gasoline and diesel fuel levels to be a different grade, which is supposed to help address the mobile contribution to pollution; and none of the local programs regulate mobile sources.

Attorney Nicholson-Choice inquired are there monies available for mobile initiatives; with Ms. Shine responding negatively. Commissioner Higgs stated the County could do a mobile initiative and is not precluded from doing it if it wanted to pay for it. Commissioner Carlson noted she does not know what the facts were in terms of why the State abolished the motor vehicle inspection program, but it makes sense that if the whole State does not do it, there is so much through traffic when it comes to mobile sources; having one identified mobile source program is not going to do a lot in the scheme of things; and it would not be money well spent.

William Young, representing Space Coast Clean Cities, stated the Organization works with the U.S. Department of Energy (DOE); such Department has a Clean Cities Program that was started in 1996; it is a Program by DOE to promote clean energy and clean emissions; and in Brevard County, 93% of the emissions are coming from vehicles. He noted nationwide, approximately 70% of the emissions are coming from vehicles; if the DOE looks at cars being more efficient energy-wise, it is going to create less emissions if the cars are made cleaner; and the Clean Cities Program is looking at vehicles being a major source and how to clean them up. He stated it is a volunteer government industry program with the idea that government has needs for clean air; having partnerships between government and industry to help the general public is what Clean Cities is about; there are different cities, counties, organizations, and industries that are members of the Coalition; and the Coalition held a workshop last Thursday and FDEP brought its electrical vehicle as an exhibit. Mr. Young noted success stories were told of alternative fuel vehicle programs in the County; there was also a forum of questions and answers for the general public concerning all fuel vehicles; part of the programs include education outreach and developing partnerships; and Florida has almost as many vehicles as California has. He stated Florida generates almost as much pollution as California does; because Florida is a peninsula with no mountains, the pollution blows away to someone else; the County may have more monitoring systems to see where the pollution is blowing; and the point sources, which are power plants, are generating a small portion of pollution, but the County is not measuring or looking at the pollution generated by vehicles. He noted Brevard County may want to increase the number of sites it is measuring; it also needs to look at vehicles and whether it wants to put in its own emission testing system; the federal government is always making regulations; and if the County follows such regulations and enforces them, it does not have to deal with its own. Mr. Young stated the questions are what does the County want to do, how does it want to solve this problem, does it want to deal with making more regulations or try to enforce what already exists; the Coalition has been talking to individuals in the County's Fleet Management Department to review a plan for how Brevard County can work with its fleet of vehicles and reduce emissions by using all fuel vehicles; the County may want to look at education; the 2000 and 2001 S-10 pickup trucks use ethanol which makes 35% less pollution than the gasoline S-10 pickup truck; and the Ford Ranger burns either gasoline or ethanol. He noted Clean Cities has almost $200,000 in funding from U.S. Department of Energy to build three ethanol fueling stations at Kennedy Space Center; GSA Fleet has over 500 ethanol vehicles that can burn ethanol instead of gasoline; GSA is buying ethanol powered vehicles; and the County's Fleet Management Department can look at the vehicles, put in fuel stations, and implement vehicle programs and projects that Clean Cities can help the County coordinate. Mr. Young stated his job is to team government, industry, and the general public together to do projects and bring in education and outreach to make people aware of what they can do to reduce emissions.

Commissioner Carlson inquired who is in the Clean Cities Coalition; with Mr. Young responding the Cities of Cocoa Beach, Melbourne, and Palm Bay, various industries, NASA, Air Force, and different organizations. Commissioner Carlson inquired is the County part of the Coalition; with Mr. Young responding Fleet Management has also joined. Chairman Scarborough inquired how can someone contact the Coalition for information; with Mr. Young responding (321)638-1459 or the Clean Cities webpage at www.clean-cities.org. Commissioner Carlson stated the Florida Solar Energy Center received a $5.4 million grant for fuel cells; and requested Mr. Young explain what it entails. Mr. Young responded there is going to be a program between five different universities in Florida that do hydrogen research; the Center is looking at how to store hydrogen; the funding came through NASA; NASA is overseeing the hydrogen research for transportation and stationary sources; and there is a review of getting projects together among the five universities to do research in hydrogen and fuel cell technology.

Commissioner O'Brien stated TiCo, Merritt Island, Melbourne, and Valkaria Airports, Patrick Air Force Base, Kennedy Space Center, and Cape Canaveral Air Force Station monitor the wind 24 hours a day; they discovered that all the pollution that came out of Brevard County went to Georgia; and inquired is the cost per gallon of ethanol more expensive than gasoline. Mr. Young responded it depends; last summer, gasoline was $1.65; at that time, ethanol was 20 cents cheaper; when gasoline is 99 cents, then ethanol is 20 cents more; and it follows the price of gasoline and is either 10 to 20 cents less or 10 to 20 cents more based on where gasoline is increasing or decreasing. Commissioner O'Brien inquired do the vehicles get better mileage or the same equivalent mileage as gasoline; with Mr. Young responding usually it is anywhere from two to three miles per gallon less. Commissioner O'Brien inquired is ethanol made from corn; with Mr. Young responding corn and soy, which is renewable vegetation. Mr. Young stated one can also get it from sugar; there are two plants-one in Bartow and one in Pensacola that make ethanol; and the ethanol plant in Bartow makes the ethanol out of waste products. Commissioner O'Brien inquired is the cost of ethanol equal to gasoline because of government subsidy or because that is the cost to make it. Mr. Young responded ethanol is probably the most realistic price because it does not get subsidies; ethanol does not benefit from all the tax breaks that the oil industry gets; so its price is more realistic and is not subsidized by government. Commissioner O'Brien inquired why would a factory in Florida want to start creating ethanol if there are no cars that use it and no gas stations that sell it. Mr. Young responded there are lots of cars that use it; for the last two years, because of pressure put on manufacturers, there is only a $300 difference in the cost of a gasoline and ethanol vehicle; so Ford and General Motors decided to make all of their S-10 and Ranger trucks buy fuel; they will run off of gasoline or ethanol; and there are approximately 2,000 or 3,000 vehicles that can run off of ethanol, but people do not know it. Commissioner O'Brien inquired where are the people going to buy the ethanol to put in the trucks; with Mr. Young responding the Coalition is looking at putting in fuel stations. Mr. Young advised the Florida Department of Transportation (FDOT) in DeLand and Tampa is now using ethanol and bio-diesel in its vehicles; FDOT is required by mandate to meet the vehicle requirements; and FDOT now has fueling tanks at its fleet facilities.

Amy Tidd, Vice Chairman of Port St. John Homeowners Association, stated for seven years she has been working with the two power plants in the Port St. John area; she has been the utilities chairperson and handles complaints when people call; today there is a grave problem with the air that threatens the people in Brevard County; and there have been pollution problems in the area caused by fall out from a power plant. She noted in February, 2001 Sunrise Landings had a fall out incident where soot from a power plant fell on the cars and condominiums; at least 200 people were affected in one incident; this could be just a small amount of the people that have been affected by the particulate pollution coming from the power plants; and in reading a recent study by Harvard University, people within a radius of 50 miles around a plant are impacted by the particulate fall out as Port St. John has experienced. Ms. Tidd stated since the February, 2001 incident, there have been other incidents, including one in February, 2001 and June, 2001 at Oak Point Mobile Home Park; the damaging fall out from the power plant eats quickly through the clear coat of cars; it also stains and damages buildings and upsets the community tremendously to which it occurs; many people in the area have been affected; and Reliant Energy acknowledged responsibility for causing the fall out and has worked with the citizens to fix the damage. She noted during the past year before Reliant Energy bought the plant, there were no complaints of fall out; the problems have occurred due to a choice of changing fuel mixtures; and Reliant Energy went from 70% gas and 30% oil to 70% oil of a higher sulfur and 30% gas. She stated she has also worked with Florida Power & Light (FP&L) Company; such Company has worked with the communities over the past years to bring down its level of pollution, although it is still in the tons; and FP&L Company has worked hard to maintain good relations with the Port St. John community. Ms. Tidd noted the Port St. John residents depend on good will for their health, not good regulations; new management or owners can change the pollution level almost overnight in any of the point source polluters; the change in ownership and management, Reliant Energy, formally owned and managed by Orlando Utilities, is a case in point; and the level of complaints have increased dramatically in the three years that Reliant Energy has owned the plant. She stated she spent a day with FDEP and saw the level of complaints from Brevard County citizens; when one person calls Orlando to complain, there were 10 people that did not call; the fall out happened while the power plants were operating under their legal grandfathered limits for particular pollution and other pollutants; and there was one incident when Reliant Energy was fined in February, 2002 for exceeding the grandfathered limits. She noted she does not know if Brevard County was notified at that time; the booklets provided to the Board members by Maureen Rupe include three different years of all the pollutants that go into Brevard County's air; concerning point sources, the two plants that are within one mile of each other emit the highest percentage in Brevard County; the grandfathered limit was for one plant; and nowhere has she found that the limit is dropped for two plants together. Ms. Tidd stated the records show the tons of pollution that are going up the stacks and landing on yards, cars, and people's lungs; a lot of the pollution does not travel to Georgia; FDEP has done some analysis on the ash from the Reliant Energy power plant; and arsenic, lead, and a variety of other minerals are coming out of power plants. She requested the Board look at this problem and help cut the emissions that are affecting the citizens; stated there needs to be stricter limits on particulates; and noted local monitoring and enforcement could save many lives.

Maureen Rupe, representing Port St. John For Tomorrow, stated the question is what detrimental health risks are involved with exposure to point source emissions; expensive scientific data has been found pointing to the increased health risks involved with pollution linked to power plants; in a British Broadcasting Corporation news article on March 15, 2002 the article references the University of Toronto's study explaining why air pollution appears to increase the rate of heart attacks and other cardiovascular problems among people with heart and blood vessel disease; the University's study exposed 25 healthy people to fine particulates a diameter less than 2.5 micrometers plus ozone for two hours; and after exposure, the volunteers blood vessels were constricted on an average of 2% to 4%. She noted fine particulates are emitted from burning fossil fuels, mostly from car engine exhaust, power generation, and other industrial processes; ozone is created when sun shines on the emissions; Dr. Robert Brooks indicated there have been some suggestions in previous studies that people with arterial sclerosis tend to respond with greater than normal narrowing of blood vessels in response to certain hormones in the body; and Dr. Brooks further stated that with larger particulates, which are trapped in the upper airways, the fine particles travel down the tiny sacs to the base of the lungs where they can affect the rest of the cardiovascular system and the blood. Ms. Rupe stated in an article by the Journal of American Medical Association, Long-term Exposure to Fine Particulate Air Pollution, dated March 6, 2002, Dr. Arden Pope III and other researchers throughout the country concluded that fine particulate and sulfur oxide related pollution were associated with lung cancer and cardiopulmonary mortality; however, measurements of course particle fraction and total suspended particles were not consistently associated with mortality. She stated the study used 500,000 adults recruited in 1982 by the American Cancer Society; and according to the Environmental Defense Organization, sulfur dioxide is released primarily from burning fuels that contain sulfur. She noted stationary sources such as coal and oil fired power plants, steel mills, pulp and paper mills are the largest releases; and a 1996 study by Dr. Maureen Middleman, Cardiovascular Director at Boston's Medical Center, concluded that there was a 48% higher risk of heart attack when fine particulate air pollution concentrations are increased by 25 micrograms per cubic meter in the air two hours before symptoms began. She stated according to the Florida Heart Association, a 1999 associates study estimates that in 1997, ozone smog pollution in Florida caused more than 400,000 asthma attacks and sent 12,000 Floridians to emergency rooms; and children, people with asthma, the elderly, and other sensitive populations are most susceptible to health problems from polluted air. Ms. Rupe stated power plant emissions are a primary contributor to the formation of ozone pollution; ABT Associates is one of the largest for-profit government and business consultant and research firms in the United States; the Florida Heart Association added that power plants and other sources account for 50% to 75% of fine particle pollution in the eastern United States; and power plant pollution is not just a Port St. John issue. She noted in a Polk County newspaper article on April 9, 2002, Holly Benz of the Florida Public Interest Research Group stated, "The Harvard School of Public Health has found the impact of particulate pollution the most severe within a 50-mile radius of the plant"; the Environmental Defense website says, "The generation of electric power produces more pollution than any other single industry in the United States. 1998 data shows that power plants contribute 67% of U.S. sulfur dioxide emissions, 25% of U.S. nitrous oxide emissions, and 40% of U.S. carbon emissions. Elevated ozone levels have led to adverse health affects of smog; and now compelling scientific evidence links fine particle concentrations with illness and thousands of premature deaths each year." Ms. Rupe stated Dr. Thurston, co-author of the American Medical Association's study on lung cancer, cardiopulmonary mortality, and long-term exposure to fine particulate air pollutions indicated, "The bad news is that fine particle air pollution is more toxic than once thought." Ms. Rupe requested the Board take the opportunity to make a significant difference for the people in Brevard County.

Commissioner O'Brien stated Ms. Rupe was reading from the British Broadcasting Corporation news, "Pollution Strangles Blood Supply"; the first part says, "The finding may explain why air pollution appears to increase the rate of heart attacks. In the study at the University of Toronto, 25 healthy people inhaled elevated concentrations of fine particles, plus ozone, for two hours. After exposure, the volunteers blood vessels constricted between 2% and 4% on the average; however, their vessels did not constrict when they were exposed to ozone and particulate free air. The volunteers breathed in a level of pollution similar to that found in urban areas during peak air pollution times, such as rush hour traffic. The degree of blood vessel constriction produced by exposure to pollutants is unlikely to produce significant problems in healthy individuals. However, the study focused on two few people to draw firm conclusions." Commissioner O'Brien stated living where Ms. Rupe lives may be considered long-term exposure. Ms. Rupe noted the residents of Port St. John are in a different situation than anyone else. Commissioner O'Brien stated if he was driving through rush hour traffic, his blood vessels would constrict between 2% and 4%; and everybody's would do that due to the vapors and fumes of all the cars around them.

Bill Stine stated under Florida Statutes, Section 403.182, Brevard County has the ability to create its own air pollution control program; a local control program must be approved by the FDEP, be stricter and more extensive, have the ability to be enforced, and provide the necessary resources to carry out the program; currently, eight counties have created approved local air quality programs; and the 1994 passage of the Charter government referendum established Brevard County's Home Rule. He noted page 18 of the Grambling Earl Law Review states that Charter counties possess efficient organic authority to adopt ordinances regulating hazardous waste; so it will appear that the ability to control the local hazardous airborne waste may lie within the Board's own purview. He stated also included in the Grambling Earl Law Review is that specific authority is granted to local governments to adopt land use restrictions when those restrictions conform to the local governments comprehensive program; and it is possible to restrict land usage based on airborne fall out.

Chairman Scarborough stated the question was raised of the ability of local government to impose and enforce stronger pollution controls on emission point sources; the Environmental Protection Agency (EPA) does not limit the ability of State and local governments to impose additional or more stringent regulations than those required by the federal government; while he has had a number of conversations that have left him confused, the letter from EPA is exhaustive, but opens the door that at least the Chief of the Air Planning Branch of the U.S. EPA says the County has some authority to proceed unilaterally. Chairman Scarborough provided copies of the letter from EPA to the Board members.

Attorney Comer stated the Clean Air Act has a specific provision that says there is nothing in the Act that precludes state and local governments from enforcing more stringent requirements that are locally adopted than the Clean Air Act itself; there are some restrictions on that; for instance, states, except for possibly California, cannot create emission standards for automobile manufacturers or something of that nature; and transportation and building modes emission standards are restricted to the federal government, except for California. She noted when regulating point sources of emissions around the states, each state is different. Chairman Scarborough noted the issue was local; with Attorney Comer responding there are specific provisions in the federal regulations that say nothing precludes.

Chairman Scarborough passed the gavel to Vice Chairman Colon.

Commissioner Scarborough stated it is important that the County review the automobile issue; the automobiles are much more problematic; education also needs to be addressed concerning the issue; and the County has a point source which it can look at controlling, according to EPA. He noted currently the County has the concept of proceeding with first obtaining a legislative intent prior to it having any proposed ordinances come back to the Board.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to proceed with legislative intent concerning controlling point sources for air quality, and report back to the Board.

Commissioner Higgs stated she supports the motion; Brevard County needs an air quality program; part of it may be regulatory and individuals have discussed the education aspects; part of it may be to get the State to adopt additional standards and assist the County; and it is a multi-phased program. She noted everything she has heard and read says that the County can be concerned and do things better; people want clean air and clean water; and it is within the Board's power to affect that.

Commissioner Carlson inquired if the Board can include in the legislative intent what it can do to partner with Clean Cities to maximize their expertise in the education arena; with Commissioner Scarborough responding affirmatively. Commissioner Carlson stated she would also like to see the alternative fuel program where the County can start reviewing its fleet and other fleets around Brevard County, the Title V suggestion in Option 3, and all the areas included in the legislative intent. Commissioner Higgs noted it would be the start of looking at all of those issues; the air quality program would include point sources and mobile sources, legislative action, and other things the County can do in terms of alternative fuels and things. Commissioner Carlson noted it needs to be something comprehensive. Commissioner Scarborough stated the Board may want to take dual routes if it wants to move to vehicles; the Sheriff wants to purchase vehicles; as a part of the Board's budgetary decisions, it needs to make those decisions; it may find things with the ordinance taking a different route with those things the County can do with its own programming by giving the County Manager instruction that it wants to see the fleet issue as a way it does business in the County; and the County can prepare for fueling with ethanol. Commissioner Carlson stated the Board needs to look at the broader picture and to Florida Association of Counties to see if there are other communities interested in doing alternative fuels, which may provide a big discount. Commissioner Scarborough stated the County does not need a legislative intent to ask the County Manager to look into the issue; and Mr. Jenkins will probably come back with a report.

Mr. Jenkins stated staff can come back to the Board with options for regulating the mobile sources and point sources. Commissioner Scarborough noted he was addressing point sources; the mobile source is very problematic; and the point source was addressed in the letter from EPA. Commissioner Carlson stated in terms of staff coming back with the possibilities for discussion, the Board needs to include the opportunities that exist for mobile source; with Commissioner Higgs responding she agrees. Commissioner Carlson noted the County needs to review what sources are out there; Clean Cities has established a very good program; and people need to be educated with it. Commissioner Scarborough stated legislative intent is a step in moving to an ordinance; and perhaps a motion can be made separately to endorse Clean Cities and move the County in that direction.

Commissioner Higgs stated in developing an air quality program, one of the options in the packet is that the Board would look again at the Contract with DEP in terms of monitoring; it did not feel in 1993 that the monitoring was fully covering the County's costs; but by stepping into it again and being the monitor, it would cover some of the County's costs and it could begin to get that experience that builds the five years or so of the comprehensive experience that is needed in establishing the program. She stated it would be a way to begin to offset some of the costs and to rebuild the County's experience in air quality; and that needs to be reviewed when the County talks about air quality costs.

Commissioner O'Brien stated he cannot support the motion; he can support an ordinance that would include point source and air quality; the County can cooperate with DEP in having a stronger ordinance or law than the federal or State governments have; but to go beyond that, the evidence of preponderance here is repeated over and over again that Brevard County does not have an air quality problem aside from two power plants in two point sources. He noted there are only three others in the entire County that are not owned by the federal government; it is not a great problem; whatever pollution there is is from automobiles, trucks, and is a mobile problem; but Brevard County is still below the number that would put it in any kind of a pollution problem, and in essence, does not have a problem. Commissioner O'Brien stated he can see in a specific area taking care of the problem; but not throughout the entire County; he cannot support taking over DEP's air quality monitoring or absorbing some of the costs; and inquired why should Brevard County waste taxpayers' money locally doing that as the program in place by DEP at this time is working fine. He reiterated the County does not have an air quality problem; and inquired why is it trying to fix something that is not broken.

Commissioner Scarborough stated perhaps Brevard County is cleaner than other places; the citizens want a better level of service and something rather than the minimal; they want to set standards above the minimal; and his only point is that the County does not have what it could have with some tweaking. Commissioner O'Brien inquired why does the County want to start pouring money into a problem that does not exist. Commissioner Scarborough inquired if the people of Brevard County want traffic to move faster, want to breathe cleaner air, and have cleaner water, what is wrong with that. Commissioner O'Brien responded there is nothing wrong with it, except the air is very clean already; and reality speaks for itself. Commissioner Scarborough noted he and Commissioner O'Brien see the reality differently.

Vice Chairman Colon called for a vote on the motion. Motion carried and ordered; Commissioner O'Brien voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct the County Manager to review the alternative fuels and ethanol burning gasoline concepts to see if there are conversion and education methodologies that the County could use; and direct staff to review what the County can do to partner with Clean Cities to maximize their expertise in the education arena. (No vote was called for.)

Assistant County Manager Stephen Peffer inquired is the Board requesting a draft ordinance that contains legislative intent. Commissioner Scarborough responded legislative intent precedes the language; and the County is supposed to analyze what it is trying to accomplish. Mr. Peffer requested the Board be more specific as to what it would like staff to try to accomplish. Commissioner Scarborough responded other County department heads have done legislative intent; and Mr. Peffer may want to review those. Mr. Peffer responded he understands that; inquired what would the Board like for an air ordinance to say, what would its request for legislative intent be, and does the Board want to develop a program to control point sources so that the County may impose higher standards. Commissioner Scarborough responded that is correct. Mr. Jenkins noted the Board wants to see it in more detail. Commissioner Scarborough stated there have been questions raised; and staff may need to bring the questions back as part of the legislative intent discussion. Commissioner Carlson noted part of it is also what the opportunities are that were addressed based on what DEP provided to the Board; it does not mean that the County is going to go into a million dollar program; but it needs an action plan with steps to follow progressively over the next 10 years or whatever to achieve something; and there needs to be a strategic plan.

Vice Chairman Colon passed the gavel to Chairman Scarborough.

The meeting recessed at 5:15 p.m. and reconvened at 5:30 p.m.

ADDENDUM TO AGREEMENT WITH CITY OF COCOA, RE: OLEANDER POWER PLANT

Senior Planner Jim Ward stated the addendum to agreement with the City of Cocoa concerning the Oleander Power Plant is to transfer the Contract for inspection from Brevard County to the City; the Contract was signed by the County and City; and the addendum has been signed by the City and is before the Board for its consideration.

County Attorney Scott Knox stated the basic issue is whether or not the exclusion of a clause at the end of the original proposed addendum to agreement is acceptable; the language used to read, "Thereafter, the City recognizes that the terms of the aforesaid Settlement Agreement remain in effect, and the City shall not take any action permitting development contrary to the terms of the Settlement Agreement"; the last clause, " . . . and the City shall not take any action permitting development contrary to the terms of the Settlement Agreement" has been stricken by the City; and the City has sent the addendum to agreement back to the Board with such clause stricken and is requesting the Chairman execute such addendum.

Chairman Scarborough inquired what is the net effect. Attorney Knox responded the Oleander Settlement Agreement remains in effect and the City acknowledges that by signing the addendum; it removed the requirement that the City avoid permitting contrary to that Agreement; the City probably could not sign the Agreement anyway as it would be signing away, by Contract, its authority to regulate, which is contracting away the police power which is illegal in the State; so that is probably the reason the City sent the addendum back to the Board that way.

Commissioner O'Brien stated the addendum takes away the entire original Contract; with Attorney Knox responding negatively. Attorney Knox stated the addendum says it remains in effect. Commissioner Carlson inquired what is the intent of the portion that the City wants stricken. Attorney Knox responded the point is to make sure that the City does not issue a permit that would be contrary to what the County agreed to in the Settlement Agreement; but by saying it is in effect, the City acknowledges the fact that the Agreement is still there and the County still has the right to enforce such Agreement against Oleander. Commissioner Carlson inquired what permit could the City provide; with Attorney Knox responding it could issue some kind of permit that would violate the Settlement Agreement, but he is not sure specifically what that would be.

Douglas Sphar, representing Sierra Club Turtle Coast Group, stated the Sierra Club concurs with County staff's assessment that the revised addendum may be considered as weakening the provisions for enforcement of the Stipulated Settlement Agreement's performance standards and conditions; the Sierra Club is concerned about potential implications to air quality in Brevard County; the existing Stipulated Settlement Agreement imposes an annual capacity factor of 39% on the operation of Oleander's turbines; it basically restricts Oleander to 3,390 hours of annual operation at full capacity; and operations on fuel oil is restricted to 1,000 hours per year. He noted the Sierra Club has heard rumors that Oleander desires to increase the capacity factor limit to allow operation 24 hours a day, seven days a week; the head of DEP's air permitting office told Sierra Club that DEP would have no qualms in allowing Oleander to run 24/7; given the actions of today's workshop concerning air quality, it seems incongruous that the Board could approve an addendum that could ultimately lead to further impacts on Brevard County's air quality; and the Sierra Club requests that the addendum not be approved and deferred until after the dust settles on the air quality program.

Commissioner Higgs stated the addendum says, "The City recognizes that the terms of the aforementioned Settlement Agreement remain in effect." Commissioner Carlson noted the City understands that the Agreement remains in effect, but she does not understand why it would be such a concern to delete the last sentence. Commissioner Higgs stated if the terms remain in effect it does not mean that the City will apply the terms. Commissioner Carlson noted she is wondering if that is the implication. Attorney Knox stated the implication that everybody is afraid of is that the City is going to issue some kind of permit that is going to violate the Agreement; the problem the City has with that is that the County has an Agreement with Oleander that is enforceable by the County; so whatever the City does is not going to change that; and there is no way the County can take away the City's ability to issue a permit. He noted the City can issue a permit for anything it wants to; the County, by contract, cannot say that the City cannot do that anymore; that is basically what the County would be doing with the Agreement the way it was structured before; and it is probably unenforceable. Attorney Knox stated if the City issued a permit and the County asked if the City had a contract saying it could not do that, the court probably would not enforce it. Commissioner Carlson noted if the court would not enforce it, then getting rid of it does not matter; and it potentially weakens the Stipulated Settlement Agreement. Attorney Knox stated it does not weaken such Agreement as far as the County is concerned as it still has the Agreement with Oleander; and the County can still enforce the Agreement by judicial action if it has to. Commissioner Higgs inquired is there any question that the County's Agreement with Oleander is fully binding on Oleander; with Attorney Knox responding it is binding on Oleander the last time the Board signed it, and it still is as far as he is concerned. Commissioner Higgs inquired since there is a new permitting capacity in the City, does it in any way allow Oleander to act contrary to the Settlement Agreement. Attorney Knox responded Oleander could take that position, but it would be a difficult one to maintain; it would be like a reverse equitable estoppel argument from the County's standpoint; the County did certain things based upon the Stipulated Settlement Agreement being approved; it allowed certain things to occur that it might not have done otherwise; and for Oleander to try to change it now would not be viewed favorably by the courts. Commissioner Carlson inquired if part of the clause is deleted, could the City go in with a permit that could go against the Stipulated Settlement Agreement. Attorney Knox responded the City can issue whatever permits it wants to under its regulations. Mr. Ward stated the City has submitted to him that it felt that the second part of the sentence, which is stricken through, is redundant of the first sentence in that the County is covered by the first part of the sentence which says, ". . . it shall remain in effect". Attorney Knox stated if he was representing the City, he would be taking the position that the provision is illegal and could not be put in the contract. Commissioner Carlson noted maybe the City has legal advice, but there is no justification in the agenda item for taking out part of the clause; and all the Board sees is that it could be considered as weakening the provisions for enforcement of the Stipulated Settlement Agreement. Attorney Knox stated he can contact the City's Attorney concerning the issue. Commissioner Higgs inquired could the City agree to act in the County's place in regard to enforcing the Settlement Agreement. Attorney Knox responded the Agreement is between Brevard County and Oleander; but the City might be able to do that. Attorney Knox inquired would it be an alternative; with Commissioner Higgs responding affirmatively. Commissioner Higgs stated perhaps there is some language that the City could find acceptable, and agree to act as the County's agent or whatever in enforcing the Settlement Agreement, whereas it does not have to sign away all of its permitting.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to table Addendum to Agreement with the City of Cocoa for permitting and inspection of the Oleander Power Plant, to allow the County Attorney to contact the City's Attorney and request language in the Addendum that the City act as the County's agent concerning enforcement of the Settlement Agreement, so that the City would not have to sign away all its permitting; and direct staff to schedule the

Addendum on the agenda after the appropriate language has been crafted. Motion carried and ordered unanimously.

DISCUSSION, RE: BREVARD TOMORROW BUSINESS PLAN

Randy Harris, Co-chair of Brevard Tomorrow, stated at the Board's Strategic Planning Workshop of February 28, 2002, members of the Brevard Tomorrow Steering Committee had the opportunity to present the summary of the Brevard Tomorrow Strategic Plan; Brevard Tomorrow is very excited to see the County, as well as many other organizations, adopt the Plan and use the document as a resource in creating their own strategic plans; and he is here today to talk about implementing the plan. He noted one of the things Brevard Tomorrow has said from the very beginning is that it does not want this Plan to be just a coffee table asset; it is not going to end up on the shelf and is not going to go away; the Plan is important; and putting the Plan into action is probably the single most important thing the community has to do. Mr. Harris stated Brevard Tomorrow needs the Board's support to move forward; the Committee created a business plan that details the next steps; the goals will not be accomplished overnight; as outlined in the Plan, there is an estimated budget of $1.4 million over the next four years; and it is the Committee's goal to continue the work with balanced support from the public and private sectors. He noted currently the planning process has used 53% in private funds as opposed to 47% in public funds; the Board made a bold statement when it took the lead to organize and fund Brevard Tomorrow planning process; and requested the Board once again lead by example. Mr. Harris requested the Board endorse the Brevard Tomorrow Preferred Future Strategic Plan as a worthwhile effort that should continue.

Commissioner Carlson stated that is the first step in the process; the Board did not get an opportunity the last time it heard all the individuals that presented the Strategic Plan and everything to date; and she would like to make the motion to endorse the process.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to endorse the process of the Brevard Tomorrow Business Plan. Motion carried and ordered unanimously.

Mr. Harris requested the Board's financial support; stated Brevard Tomorrow's implementation budget is approximately two and one-half times its original planned budget; and requested the Board consider a contribution of $50,000 annually for the first two years to support the Brevard Tomorrow implementation.

Commissioner Carlson stated the County's mid-year budget requests are coming up; it needs to move on getting a person in place, which is outlined in the Business Plan; Brevard Tomorrow would like to get a mid-year allocation of $50,000; and for next year and the following year there could be other allocations. Chairman Scarborough noted the Board has to allocate annually with its budget process; and he supports Commissioner Carlson's request.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve the position as outlined in the Brevard Tomorrow Business Plan; and approve mid-year allocation of $50,000, and allocations for next year and the following year.

Commissioner Higgs expressed concern about mid-year budgets; stated the Sheriff is going to be coming to the Board requesting approximately $700,000; there are probably other needs as well; the Sheriff's health care budget at the jail is significant; and inquired where is the money going to come from at mid-year.

County Manager Tom Jenkins recommended the requested funding for Brevard Tomorrow Business Plan come from the Contingency Account. Commissioner Higgs inquired where is the funding for the Sheriff going to come from. Chairman Scarborough stated the Board is going to be surprised with revenue this year; there are several things that have happened; interest rates fell and the Clerk gets extra money with filing fees; Tourist Development Commission (TDC) is ending up with money to spend; and he is predicting a surprise this year with revenue. He noted failing to endorse the Brevard Tomorrow Business Plan today is the wrong signal for Brevard County; and the County will have the money and it can do this. Commissioner Higgs inquired if the Board would like to ask the TDC for $25,000; with Chairman Scarborough responding negatively. Mr. Jenkins noted it is not a TDC issue. Commissioner Higgs inquired where are the funds going to come from for the Sheriff's health care costs. Mr. Jenkins responded he provided a memorandum to the Board approximately one month ago that outlined all of the potential costs impacts and revenue sources. Commissioner Carlson stated if the County needs to go to the Contingency Fund, this item is the exact sort of thing it could go for. Mr. Jenkins stated if the County gives Brevard Tomorrow $50,000, it is for 12 months; and there are only six months left this fiscal year. Commissioner Carlson stated Brevard Tomorrow was hoping to get $50,000 in the mid-year budget and $50,000 in next year's budget, so at this time next year it would have $50,000; and it will be two years. Mr. Jenkins noted it would be for 24 months if the Board does that. Chairman Scarborough stated he does not believe the Board can do that legally; it has to allocate the expenditure as a part of the budget process; and the Board is not supposed to allocate budgetary monies outside of the TRIM process. Mr. Jenkins stated the Board could approve an allocation of $25,000 for this year, $50,000 for next year, and $25,000 the following fiscal year.

Commissioner O'Brien inquired would the Community Based Organization (CBO) be the proper venue for this kind of funding. Chairman Scarborough responded he is not going to go the CBO on this, as comments were made previously that funding is needed for the CBO.

Commissioner Carlson stated the Plan will allow the County to work off of a set of priorities to allocate its dollars in a much more cost-efficient and cost-effective manner; in the long run, it will save money; it is a much better maximization of the tax dollar than what the County currently does, as it does not base anything on true priorities and cost-benefit type of scenario; and it is starting to look at outcomes and performance measures, but it needs to do a lot more. She noted the County has all the groups now to work together; everyone is collaborating and willing to sit at the table; this is the last opportunity the County is going to get to design what its future is going to look like; and however the County gets the money, it needs to be there, as it is a partner.

Chairman Scarborough called for a vote on the motion, to approve the position as outlined in the Brevard Tomorrow Business Plan; and approve allocation of $25,000 for this year, $50,000 for next year, and $25,000 the following fiscal year, with funding coming from the Contingency Account. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay.

Commissioner Higgs stated if she was assured on how the Board is going to pay for the other issues, she could support the motion; she supports the Brevard Tomorrow Business Plan; but she is not able to support the motion today. Commissioner O'Brien stated he agrees with Commissioner Higgs' comments; Chairman Scarborough is probably correct that the County's revenues may be higher than last year; and it is another opportunity to lower taxes to the taxpayers, not to keep on spending money.

Mr. Harris stated organizations such as the Workforce Board and United Way have made contributions in staffing and in-kind resources in excess of $100,000 a year; it has already been committed to the Brevard Tomorrow process; and requested the County Commission consider providing staff support to facilitate the work groups addressing economic development, governance, and land use and planning. He noted one option would be for the Board to fully staff this effort with one or more County employees; and the other option would be to provide additional financial support of $30,000 annually and challenge the communities to match that financial support.

Chairman Scarborough inquired has Mr. Jenkins reviewed the request; with Mr. Jenkins responding negatively. Chairman Scarborough suggested Mr. Jenkins look at the request and report back to the Board. Commissioner Carlson stated Leigh Holt has been helping Brevard Tomorrow on a part-time basis, such as organizing meetings, etc.; in reviewing the Business Plan and organizational structure, there are five issue areas; two issues areas are going to be handled by in-kind staffing through United Way and Brevard Workforce Development Board; and Mr. Harris is asking for staff support to facilitate work groups addressing economic development, government, land use and planning. She noted those are the areas that County government has the most impact. Chairman Scarborough stated he would like to hear from Mr. Jenkins and Lynda Weatherman and get other comments back; and requested they provide a report to the Board at its next meeting concerning Mr. Harris' request.

Commissioner O'Brien stated the Board already funds the Economic Development Commission (EDC); the County has Advisory Boards for transportation issues; and inquired is the Board going to be redundant and do it all over again. Commissioner Carlson responded negatively; stated the individuals who will be used for this kind of staffing are to work with the five work groups; each group will be manned by co-chairs, one person from Brevard Tomorrow Steering Committee, and one person from Leadership Brevard; there will be up to 25 members in each work group on each of the issue areas; and to get notices out and try to take the information those individuals bring together as far as action plans is going to take staffing time. She noted it would be administrative assistant kind of work; and if Mr. Jenkins could bring something back to the Board, it would be great.

Dixie Sanson, representing Director of Government Relations and Public Affairs for Canaveral Port Authority, stated at yesterday's Port Authority Commission meeting, the Commission voted 5:0 to continue to support Brevard Tomorrow at $20,000 in the current fiscal year and $20,000 for the following fiscal year; as a member of the Board of Leadership Brevard, it is having a meeting tomorrow; it will be good to take this support back to such Board as well; and the Canaveral Port Authority shares the County Commission's same concerns and hopes for the future, and believes this is a great way to provide more Brevard support and unity into the MyRegion.org Central Florida effort.

Commissioner Carlson stated the County has a commitment from United Way to assist with its staffing issues and will be at the table; the EDC and Brevard Community College (BCC) have also said that they were going to be at the table; on Tuesday, Brevard Tomorrow is going to have the rollout of the whole plan; and hopefully, everyone will realize how serious this issue is and what kind of opportunity Brevard County has to forward its vision in the future. Commissioner Colon inquired where will the meeting be held on Tuesday; with Commissioner Carlson responding the Florida Solar Energy Center at 8:00 a.m.

Commissioner Carlson expressed appreciation to the Steering Committee members for volunteering many hours of their time working on the project; and stated it has been almost one year to date when the project began. Commissioner Colon thanked Commissioner Carlson for her efforts as well.

Upon motion and vote, the meeting adjourned at 5:57 p.m.

ATTEST: __________________________________
TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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SCOTT ELLIS, CLERK

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