July 10, 2001

The Board of County Commissioners of Brevard County, Florida, met in regular session on July 10, 2001, at 9:04 a.m. in the Government Center Commission Room, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Susan Carlson, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Nancy Higgs, District 3.

Commissioner Scarborough led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve the Minutes of April 24, 2001 and May 8, 2001 Regular Meetings. Motion carried and ordered unanimously.

REPORT, RE: AGENDA ITEMS

County Manager Tom Jenkins recommended Items III.A.8 and III.A.14 be withdrawn from the Agenda for additional information, and Item III.D.4 be delayed for two weeks.

The Board, by consensus withdrew Item III.A. 8, Infrastructure Contract with Craig Putnam Guaranteeing Infrastructure Improvements for Toby Avenue Extension C, and Item III.A.14, Unpaved Road Agreement with Maxie and Nancy Sands for Toby Avenue Extension C, from the Agenda.

REPORT, RE: BYRNE GRANT SIGNATURE AUTHORIZATION

County Manager Tom Jenkins advised the Board authorized Commissioner Higgs to sign documents during the month of June; she signed the Contract with the State for the Byrne Grant; and the State has asked the Board to reaffirm that authorization.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to confirmed that it authorized Commissioner Nancy Higgs to sign any and all documents for the Board during the month of June, 2001, including the Byrne Grant application. Motion carried and ordered unanimously.

REPORT, RE: SHORE PROTECTION PROJECT GRANT

Commissioner Scarborough advised Item III.C.5., Amendment No. 2 to Agreement with Department of Environmental Protection regarding the Shore Protection Project Grant, deals with beach restoration and how the County will match the grant of $3.6 million will appear at a separate time. He stated he understands they ran into some problems; it is always best, when doing transactions that require matching monies, that the whole thing be programmed together because it will put the Board in a position where it could not come back and re-address it if there are questions. He stated he will vote for the item and is satisfied it will come together, but prefers that the Board have the opportunity to discuss the funding methodology because it is going to require the Board to get into a lending posture.

REPORT, RE: EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL COMMITTEE

Commissioner Scarborough advised he and Commissioner Higgs serve on the East Central Florida Regional Planning Council; people are being appointed and decisions are being made on how the $2 million planning effort is going to take place; Brevard County has the only Space Center and Space Program in the State; and his concern is to have the right people to represent the Space Program in the long-range planning for the region. He stated he does not have all the information on how things are proceeding; but perhaps the Chairman could send a letter suggesting that it is essential to have someone representing the Space Program on the Committee involved in the planning effort. He stated he talked to Sandra Glenn about it.

Commissioner Higgs advised at the June, 2001 East Central Florida Regional Planning Council meeting, they appointed three people who were nominated by the Nominating Committee; and it may be wise to make recommendations, particularly in regard to the Space Program, directly to the Committee, but that would violate the Sunshine Law.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the Chairman to write a letter to Sandra Glenn, expressing its desire to have adequate representation of the Kennedy Space Center on the Committee, and advise her of the significance of that facility to the region.

Commissioner Higgs inquired if Commissioner Scarborough wants to make specific recommendations; with Commissioner Scarborough responding he has concerns about doing that without knowing the politics or dynamics, and would prefer to just notify them of the need to have a good person from the Space Program on that Committee.

Chairman Carlson inquired about the design or make up of the Committee; with Commissioner Scarborough responding there are several levels of people and committees within committees; Ms. Glenn said the East Central Florida Regional Planning Council has the option of accepting or not accepting what the Chambers put forward; but at the outset, the Board needs to say it wants to have good people from the Space Program on the Committee. He stated calls need to be made to those people with the Space Program who would be good applicants to see if there is an interest. Chairman Carlson inquired if it is an oversight committee; with Commissioner
Scarborough responding there will be a steering committee, which will be making some primary decisions on how things come together; and if there is someone knowledgeable of the Space Program on that committee, it would be a lot better for Brevard County. Chairman Carlson requested details on the structure of the committee so she can understand it to draft a better letter. Commissioner Scarborough stated the nominating committee leads to a selection committee that leads to a large committee that is reduced to an executive committee; so it would be easier for him to give the Chairman that information in writing. He stated the one he is concerned about is the committee that is going to say where they are going with it. Chairman Carlson inquired if there is a deadline; with Commissioner Scarborough responding the letter should go out this week because he does to know where they are in their thought process. He stated it would also be good to send a letter to Jacob Stewart of the Chamber because it is a partnership. Commissioner Higgs inquired if it could also go to the three members of the committee that were selected; with Commissioner Scarborough responding that would be excellent, and he would provide those addresses to the Chairman.

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

REPORT, RE: CONSENT AGENDA ITEMS

Commissioner O'Brien recommended Items III.D.6, III.E.3, and III.E.7 be pulled from the Consent Agenda for discussion.

REPORT, RE: SURGERY

Commissioner O'Brien advised the Board has a budget workshop tomorrow which he had planned to attend; however, he is having surgery and will be out of the office for seven to ten days.

REPORT, RE: MANHOLE COVERS ON SR 520

Commissioner O'Brien advised on his way to work, it reminded him that he spoke to Florida Department of Transportation about the conditions of SR 520, between Merritt Island and Cocoa Beach. He stated the problem is on the south side heading east, there are about nine manhole covers that are above the surface of the road by an inch; and everyone is driving down that road bouncing around to get around those covers. He stated originally the coat was to be put down on April 19, 2001 when the temperature was over 65 degrees; he does not think that has occurred; so the road is either finished or not; and it is now July. He stated they finished paving the entire road in January; it looks nice and is great except for those manhole covers; and suggested Mr. Jenkins get the right people to straighten out that situation because the people have waited too long.

REPORT, RE: LETTER OF APPRECIATION TO CONGRESSMAN WELDON

Commissioner O'Brien advised Congressman Weldon worked very hard to keep the formula for beaches funding at its present level; there was a move by the President's Office to change the formula to 60% local and 40% federal; and Congressman Weldon and the Congressman from New Jersey worked together and were able to convince Congress to keep the formula the way it is, which saved Brevard County several million dollars.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize the Chairman to send a letter of appreciation to Congressman Dave Weldon, for his efforts on behalf of the community, in keeping the current formula for federal funding of beaches. Motion carried and ordered unanimously.

REPORT, RE: CONSENT AGENDA ITEM

Commissioner Higgs requested Item III.B.1. be pulled for discussion on one contract regarding a new company, Computer Education International, as she does not have a problem with the other contracts.

REPORT, RE: REQUEST FOR VOLUNTEERS

Commissioner Colon advised the County is in need of volunteers to sit on advisory boards for referendum projects to help in the decision-making process of things that would go into parks in their neighborhoods. She stated Rodes Park and Canova Park needs volunteers to sit on advisory committees; and requested anyone interested in serving can call the Parks and Recreation Department at 952-4850.

REPORT, RE: OPEN HOUSE

Commissioner Colon advised she will host an open house for her office at 1515 Sarno Road on Saturday at 10:30 a.m.; and anyone from District 5 who is interested, is more than welcomed to visit her office and staff.

REPORT, RE: CONGRATULATIONS TO MEL SCOTT

Commissioner Colon advised Mr. and Mrs. Mel Scott have a beautiful baby boy named Nicholas; and extended congratulations to the Scotts.

Chairman Carlson extended congratulations to Mr. and Mrs. Scott on behalf of the Board.

REPORT, RE: WORM ROCK STATUS

Commissioner Colon advised she would like to get a status report on the worm rock issue, as her office has been getting letters from people about it.

REPORT, RE: RESOLUTION PROCLAIMING MANAGEMENT WEEK

Chairman Carlson advised the resolution proclaiming Management Week was not submitted in time; however, she would like to adopt a resolution proclaiming June 4 through 9, 2001, as management week in Brevard County.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution proclaiming June 4 through 9, 2001, as Management Week in Brevard County. Motion carried and ordered unanimously.

REPORT, RE: CONSENT AGENDA ITEMS

Chairman Carlson advised the audience has requested Items III.A.1, III.A.26., and III.E.5., be removed from the Consent Agenda. She stated those items will be heard immediately after passage of the Consent Agenda; and the items pulled by the Commissioners will be heard at the end of the meeting. She advised Items III.A. 8, III.A.14., III.A.18, III.B.1, III.D.4, III.D.6, III.E.3, and III.E.7 have been withdrawn or removed from the Consent Agenda.

Commissioner Higgs advised she has a potential perception of a conflict of interest with Item III.E.8, Appointment of Brevard Workforce Development Board, and will abstain from voting on that item.

FINAL ENGINEERING APPROVAL, RE: GRAND ISLE SUBDIVISION, PHASE 2

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final engineering approval for Grand Isle Subdivision, Phase 2, subject to minor engineering changes as applicable, and developer responsible for obtaining required jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: INDIAN LANDING, PHASE 2

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final plat approval for Indian Landing, Phase 2, subject to minor changes as applicable, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: INDIAN LANDING, PHASE 3

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final plat approval for Indian Landing, Phase 3, subject to minor changes as applicable, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA TRACT E-2, PHASE 2, BENNINGTON SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final plat approval for Viera Tract E-2, Phase 2, Bennington Subdivision, subject to minor changes as applicable, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: CROSS CREEK SUBDIVISION, PHASE II

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final plat approval for Cross Creek Subdivision, Phase II, subject to minor changes as applicable, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: SAWGRASS AT SUNTREE, PHASE 5

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final plat approval for Sawgrass at Suntree, Phase 5, subject to minor changes as applicable, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

INFRASTRUCTURE CONTRACT WITH THE VIERA COMPANY, RE: GUARANTEEING
IMPROVEMENTS IN TRACT G1, PHASE 4, OSPREY RIDGE SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Infrastructure Contract with The Viera Company, guaranteeing improvements in Tract G1, Phase 4, Osprey Ridge Subdivision. Motion carried and ordered unanimously.

INFRASTRUCTURE CONTRACT WITH SUNTREE PARTNERS, RE: GUARANTEEING
IMPROVEMENTS IN SUNTREE BUSINESS CENTER

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Infrastructure Contract with Suntree Partners, guaranteeing improvements in Suntree Business Center. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR
IMPROVEMENTS IN VIERA, TRACT E2, PHASE I, BENNINGTON SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution releasing Contract dated December 5, 2000 with The Viera Company, for improvements in Viera, Tract E2, Phase I, Bennington Subdivision, as the developer has completed all improvements. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR
IMPROVEMENTS IN VIERA, TRACT E3, TEMPLETON SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution releasing Contract November 14, 2000 with The Viera Company for improvements in Viera, Tract E3, Templeton Subdivision, as the developer has completed all improvements. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH WILBERT DURRETT, RE: OSPREY AVENUE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Unpaved Road Agreement with Wilbert Durrett to construct a road in the existing right-of-way of Osprey Avenue, with all costs to be borne by Mr. Durrett. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH MAXIE AND NANCY SANDS, RE: TOBY AVENUE,
EXTENSION C

This item was withdrawn from the Consent Agenda earlier in the meeting.

ACCEPTANCE OF QUIT-CLAIM DEED FROM RICHARD FIORINO, RE: OSPREY AVENUE
IN SECTION 5 OF CANAVERAL GROVES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize staff to accept Quit-Claim Deeds from abutting property owners for improvements to Osprey Avenue south of Citrus Boulevard in Section 5 of Canaveral Groves by developer Richard Fiorino. Motion carried and ordered unanimously.

REQUEST FROM SHANNON SORRELL FOR REDUCTION OF FINE AND RELEASE OF
CODE ENFORCEMENT LIEN, RE: 1640 PINECREST COURT IN COCOA

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept the Special Master's recommendation to reduce the accrued fine for Case #98-2411 from $4,888 to $426 to include prosecution costs, as requested by Shannon Sorrell for property at 1640 Pinecrest Court in Cocoa; and authorize staff to execute release and satisfaction of lien upon receipt of payment. Motion carried and ordered unanimously.

APPROVAL OF TEMPORARY LOAN AND BUDGET CHANGE REQUEST, RE:
CONTRACTORS LICENSING POSITION FOR NEW TRADES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve a temporary loan from Building Code Business Area 0008 to Contractor Licensing Business Area 0002 in an amount not to exceed $62,445, and approve a Budget Change Request to implement a new licensing program, new position, and associated equipment. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE FROM CITY OF WEST MELBOURNE,
RE: ANNEXATIONS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge receipt of Ordinance No. 2001-14 annexing a portion of Lot 20 in Florida Indian River Land Company Subdivision, lying on the north side of Palm Bay Road, east of Hollywood Boulevard; and Lot 3, Sheridan Glenn Subdivision, lying on the east side of Donna Marie Drive south of Sheridan Road. Motion carried and ordered unanimously.

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

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to certify the revenue percentage allocations of the Local Option Gas Tax, and submit them to County Finance with direction to submit the allocations to the Florida Department of Revenue. Motion carried and ordered unanimously.

UTILITY EASEMENT TO FLORIDA POWER & LIGHT COMPANY, RE: STOSBERG PARK

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Utility Easement in favor of Florida Power & Light Company for property located in Stosberg Park. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH CITY OF COCOA, RE: BREVARD COUNTY FAMILY
AND CHILDREN SERVICES OFFICE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Lease Agreement with City of Cocoa for Brevard County Family and Children Services Office at 400 S. Varr Avenue, Cocoa, from July 11, 2001 for four years at $1.00 per year; and authorize the County Manager to make budget changes as necessary to implement the action. Motion carried and ordered unanimously.

APPROVAL OF AMENDMENTS TO PURCHASE ORDERS TO LOWE'S HOME
CENTERS, INC. AND BRADCO SUPPLY CORPORATION, RE: BUILDING
MATERIALS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve amendments to Purchase Orders with Lowe's Home Centers, Inc. and Bradco Supply Corporation to permit the $35,000 maximum to be exceed, and allow purchase of materials to complete projects and repairs in North Brevard and repair and maintenance of roofs Countywide. Motion carried and ordered unanimously.

AGREEMENT WITH T&G CONSTRUCTORS, INC. AND APPROVAL OF GUARANTEED
MAXIMUM PRICE, RE: CONSTRUCTION OF ENCHANTED FOREST SANCTUARY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with T&G Constructors, Inc., establishing guaranteed maximum price at $1,210,000 for construction of the Enchanted Forest Sanctuary. Motion carried and ordered unanimously.

AMENDMENT NO. 1 WITH STARMER RANALDI PLANNING & ARCHITECTURE, INC.,
RE: SOUTH MAINLAND SERVICE COMPLEX, PALM BAY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment No. 1 to Agreement with Starmer Ranaldi Planning & Architecture, Inc. to redesign the South Mainland Service Complex in Palm Bay to include approved changes and upsizing of the original footprint, at a cost of $20,000. Motion carried and ordered unanimously.

AMENDMENT NO. 2 WITH IVEY, HARRIS & WALLS, INC., RE: POW/MIA PARK

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment No. 2 to Agreement with Ivey, Harris & Walls, Inc., for additional permitting services for a manatee biological evaluation and additional design and permitting services for construction of a sewage pumping station and force main to service the community center and restroom facilities at POW/MIA Park, at a cost of $14,505. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH C. B. REALTY CORPORATION, ET AL,
RE: PROPERTY FOR W. W. JAMES PARK REFERENDUM PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract for Sale and Purchase with C. B. Realty Corporation, R. G. Pennington, and Carl L. Jones II and Ingried A. Jones, as Trustee of the Jones Family Trust, for acquisition of property for the W. W. James Park Referendum Project; authorize the Chairman to execute Addenda as required; authorize Parks and Recreation staff to obtain surveys, environmental audits, title insurance, accept title exceptions where park improvements are not impacted, and proceed with closing on the land. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH CITY OF TITUSVILLE, RE: ANNEXATION OF
ENCHANTED FOREST AND DICERANDRA SCRUB SANCTUARIES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Interlocal Agreement with the City of Titusville for annexation of the Enchanted Forest and Dicerandra Scrub Sanctuaries as a requirement of using the City's water supply. Motion carried and ordered unanimously.

AGREEMENT WITH GEORGE BURY, LAST HOLE, INC., RE: FOOD SERVICE AT
SPESSARD HOLLAND GOLF COURSE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with George Bury, Last Hole, Inc., to operate the food service concession at Spessard Holland Golf Course from July 14, 2001 through July 14, 2004. Motion carried and ordered unanimously.

AGREEMENT WITH ADVANCED DATA PROCESSING, RE: BILLING AGENT FOR
AMBULANCE SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Advanced Data Processing as billing agent for ambulance services from October 1, 2001 through September 30, 2004. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: AMBULANCE RESCUE TRANSPORTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the purchase of three new replacement ambulance rescue transports from Wheeled Coach at $75,232 each. Motion carried and ordered unanimously.

PURCHASE OF SERVICE AGREEMENT WITH SENIOR RESOURCE ALLIANCE,
RE: SCAT TRANSPORTATION FOR VOLUNTEERS IN MOTION PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Purchase of Service Agreement with Senior Resource Alliance in the amount of $75,000 for SCAT to provide transportation services for the Volunteers in Motion Program from July 1, 2001 through June 30, 2002. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH COMMUNITY SERVICES COUNCIL,
RE: SCAT SERVICE FOR SENIORS AT LUNCH PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment to Agreement with Community Services Council to add an additional meal site and increase the amount to $95,388 for SCAT to provide transportation services to the Seniors at Lunch Program participants from July 1, 2001 through December 31, 2001. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH AQUARINA DEVELOPMENTS, INC., RE:
EXTENDING AGREEMENT FOR PURCHASE OF ELECTRICAL PUMP

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment to Agreement with Aquarina Developments, Inc., extending the Agreement to allow $18,000 to remain in escrow until June 31, 2003 or until an electrical pump can be installed on the mosquito impoundment site. Motion carried and ordered unanimously.

EASEMENT AGREEMENT WITH FLORIDRON (INDIAN LANDING) LIMITED, INC., RE:
MAINTENANCE OF IMPOUNDMENT AREA AND CONTROL OF WATER LEVELS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Easement Agreement with Floridron (Indian Landing) Limited, Inc. to allow the County to maintain the impoundment area and control water levels within the Hog Point Mosquito Control Impoundment. Motion carried and ordered unanimously.

CONTRACT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE:
2001-2005 SUPER ACT PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract with Department of Environmental Protection for the 2001-2005 SUPER Act Program to remediate petroleum-contaminated properties. Motion carried and ordered unanimously.

AMENDMENT NO. 3 WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION,
RE: STORAGE TANK SYSTEM COMPLIANCE VERIFICATION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment No. 3 to Contract No. GC517 with Department of Environmental Protection for the County to inspect all petroleum storage facilities and verify storage tank system compliance. Motion carried and ordered unanimously.

AMENDMENT NO. 2 WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION,
RE: SHORE PROTECTION PROJECT GRANT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment No. 2 to Agreement No. 99BE1 with Department of Environmental Protection for a Shore Protection Project grant of $8,801,000 representing the State's share of permitting, engineering, design, and initial construction costs for Phases I and II and mapping the rock reef area. Motion carried and ordered unanimously.

RESOLUTION OF NECESSITY, RE: ACQUISITION OF EASEMENTS FOR THE
SHORE PROTECTION PROJECT, PHASE II (SOUTH REACH)

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution of Necessity, amending Resolution adopted May 22, 2001 authorizing the County to exercise its power of eminent domain to obtain remaining easements for the Shore Protection Project, Phase II (South Reach). Motion carried and ordered unanimously.

EASEMENT TO ARMY CORPS OF ENGINEERS, RE: SHORE PROTECTION PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute a beach storm damage reduction Easement to U.S. Army Corps of Engineers, and authorize the Chairman, County Attorney, and Consulting Attorney Harold Bistline to execute certification documents to the Army Corps of Engineers for easements obtained for construction and maintenance of the Shore Protection Project, Phase II (South Reach), as required. Motion carried and ordered unanimously.

TASK ORDER #14 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE:
IMPROVEMENTS TO NORTH BREVARD WATER TREATMENT PLANT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Task Order #14 with Post, Buckley, Schuh & Jernigan, Inc. to provide engineering design, permitting, and certain construction services for replacement of the main water line and several main line valves and possible water main at the North Brevard Water Treatment Plant, at $67,300. Motion carried and ordered unanimously.

TASK ORDER #4 WITH RJN GROUP, INC., RE: SOUTH BEACHES SANITARY
SEWER EVALUATION SURVEY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Task Order #4 with RJN Group, Inc., to conduct additional visual and TV inspections, conduct flow isolation measurements to specifically define areas of high inflow and infiltration, and preparation of bid specifications of repair of manholes for the South Beaches Sanitary Sewer Evaluation Survey project, at a cost of $83,570. Motion carried and ordered unanimously.

CHANGE ORDER NO. 3 AND FINAL PAYMENT TO CHAMPION CONTRACTING
COMPANY, INC., RE: SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT PLANT CONSTRUCTED WETLANDS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order No. 3 to Agreement with Champion Contracting Company, Inc. for construction of the South Central Regional Wastewater Treatment Plant Constructed Wetlands, increasing contract price by $2,073.75 for modifying flow meter installation on effluent structure, and decreasing contract price for direct purchases, tax savings, allowance not used, and deleted plantings, for a net decrease of $124,735.53; and authorize final payment to Champion for the project. Motion carried and ordered unanimously.

WAIVER OF BID REQUIREMENTS AND APPROVAL OF SOLE SOURCE PURCHASE,
RE: INCREASE PURCHASE ORDER TO U.S. FILTER FOR BIOXIDE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to waive bid requirements, authorize sole source purchase, and increase Purchase Order to U.S. Filter to $60,000 for Bioxide odor control chemical. Motion carried and ordered unanimously.

SETTLEMENT AGREEMENT WITH LOREN AND FAWN VON RIESEN, RE: SUNTREE
GROUNDWATER RECHARGE SITE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Settlement Agreement with Loren and Fawn Von Riesen to resolve a dispute over an 8.7-acre groundwater recharge site at $117,500. Motion carried and ordered unanimously.

MODIFICATION NO. 1 TO LEASE AGREEMENT WITH DEPARTMENT OF AGRICULTURE
& CONSUMER SERVICES, RE: OFFICE SPACE AT AGRICULTURE CENTER

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Modification No. 1 to Lease Agreement with the Florida Department of Agriculture & Consumer Services for office space at the Agriculture Center for two Division of Plant Industry inspectors. Motion carried and ordered unanimously.

REAPPOINT COMMITTEE, AND AUTHORIZE APPLICATION AND RECEIPT,
RE: LOCAL LAW ENFORCEMENT BLOCK GRANT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to apply for, accept, and utilize Local Law Enforcement Block Grant funds as recommended by the LLEBG Committee; extend authority of the Committee as established in Resolution No. 97-208; reappoint Sergeant Wayne Butler, William Sidorna, Diane Scott, Gay Williams, Jan Lokay, Wayne Holmes, and Deborah Kirk to the Committee with terms expiring September 30, 2002; and authorize the County Manager or his designee to execute all documents pertaining to the grant. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-25, RE: PROCUREMENT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve revised Policy BCC-25, Procurement. Motion carried and ordered unanimously.

REJECT BID AND AUTHORIZE REBID, RE: BID #B-3-01-68, FAIRGLEN PEDESTRIAN
BRIDGE WALKWAY REPLACEMENT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to reject sole bid from RKT Constructors, Inc., for Bid #B-3-01-68, Fairglen Pedestrian Bridge Walkway Replacement; and authorize staff to re-solicit bids under revised specifications. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION
AND NEGOTIATING COMMITTEES, AWARD PROPOSAL, AND EXECUTE CONTRACT,
RE: DEBT COLLECTION SERVICES

This item was delayed until July 24, 2001, earlier in the meeting.

APPOINTMENTS/REAPPOINTMENTS, RE: EDUCATIONAL FACILITIES AUTHORITY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to reappoint Philip Nohrr, Roberta Bechtal, and Joy Gilliland to the Educational Facilities Authority with terms expiring December 31, 2002; and appoint Pamela Fitzgerald to replace John Bank, and William Potter to replace Dr. Andrew Revay on the Educational Facilities Authority, with terms expiring December 31, 2002. Motion carried and ordered unanimously.

RESOLUTIONS, RE: IMPLEMENTING STATE'S COMMUNICATIONS SERVICES
TAX RATE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution amending Resolution No. 98-301 to implement the State's communication services tax rate, and increase t he conversion rate for communications services by 0.12% in lieu of imposing a permit fee for use of rights-of-way; and adopt Resolution to include elimination of permit fees for use of County rights-of-way for communications services providers only. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH ECONOMIC DEVELOPMENT COMMISSION
OF FLORIDA'S SPACE COAST, RE: COMPLIANCE WITH GENERALLY ACCEPTED
ACCOUNTING PROCEDURES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment to Agreement with Economic Development Commission of Florida's Space Coast, to include provision for compliance with generally accepted accounting procedures. Motion carried and ordered unanimously.

APPROVAL OF POLICY BCC-007, RE: DRUG AND ALCOHOL TESTING OF
APPLICANTS AND EMPLOYEES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Policy BCC-007, Drug and Alcohol Testing of Applicants and Employees. Motion carried and ordered unanimously.

APPROVAL OF POLICY BCC-13, RE: NATURAL DISASTER PERSONNEL RULES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Policy BCC-13, Natural Disaster Personnel Rules. Motion carried and ordered unanimously.

ACCEPTANCE OF RENEWALS FROM WUESTHOFF HEALTH SYSTEMS AND
HEALTH FIRST, INC., AND HEALTH FIRST HEALTH PLANS, INC., RE:
PLAN YEAR 2002 AND ADMINISTRATIVE FEES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept renewals from Wuesthoff Health Systems for an increase of 5% in rates effective January 1, 2002; from Health First, Inc. for increase of 5% and 15% respectively in obstetrical DRG rates for normal delivery and cesarean section; and from Health First Health Plans, Inc. for increase of approximately 1% for administrative fees, effective January 1, 2002, for Plan Year 2002. Motion carried and ordered unanimously.

AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS, AND BUDGET CHANGE
REQUEST, RE: PROJECT IMPACT HAZARD MITIGATION GRANT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Department of Community Affairs for Project Impact Hazard Mitigation Grant; authorize the County Manager to execute all other supporting documents, letters, applications, and agreements, and obtain or accept funds from the Grant for the benefit of the County; and approve a Budget Change Request for the grant funds. Motion carried and ordered unanimously.

APPOINTMENT, RE: BREVARD WORKFORCE DEVELOPMENT BOARD

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to appoint Richard McNeight to replace Jerry Phillips on the Brevard Workforce Development Board, with term expiring June 30, 2003. Motion carried and ordered; Commissioner Higgs abstained.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, AND APPOINT SELECTION
AND NEGOTIATING COMMITTEE, RE: MAINTENANCE OF COMMUNICATIONS NET-
WORK AND EQUIPMENT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to advertise request for proposals for maintenance of the communications network and telecommunications equipment; and appoint Gino Butto, Art Filer, Jack Parker, Scott Ellis, and Charlie Crawford or their designees to the Selection and Negotiating Committee. Motion carried and ordered unanimously.

APPROVAL OF SETTLEMENT, RE: CODE ENFORCEMENT vs. FRANK AND JEAN
ZEMKOWSKI

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve settlement of Brevard County Code Enforcement vs. Frank and Jean Zemkowski's Code violation case for $4,000, with $2,400 to Brevard County and $1,600 to GC Services Collection Agency. Motion carried and ordered unanimously.

ACCEPTANCE OF SPECIAL MASTER'S DECISION, RE: CODE ENFORCEMENT ACTION
AGAINST M. B. FOUR LIMITED PARTNERSHIP

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept the Special Master's decision to dismiss the Code Enforcement action against M. B. Four Limited Partnership on the grounds the Code was not clear on lighting performance and lacked any definition of "glare". Motion carried and ordered unanimously.

APPROVAL TO SECHEDULE EXECUTIVE SESSION, RE: SHOWBOAT v. BREVARD
COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize scheduling of an executive session on July 19, 2001`, at 9:00 a.m. before the Budget Workshop to discuss legal strategy regarding Showboat Adult World Corporation v. Brevard County Board of County Commissioners. Motion carried and ordered unanimously.

AUTHORIZATION FOR SHERIFF'S OFFICE TO SPEND FORFEITURE FUNDS,
RE: SECURE PARKING AREA FOR B.A.T. VEHICLE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize the Sheriff's Office to spend forfeiture funds of $4,200 to construct a secure parking area for the B.A.T. mobile unit behind the Brevard County Detention Center. Motion carried and ordered unanimously.

ACCEPTANCE, RE: REVENUE MONITORING REPORT FOR QUARTER THAT ENDED
MARCH 31, 2001

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept the Revenue Monitoring Report for the quarter that ended March 31, 2001. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: SEBASTIAN INLET TAX DISTRICT ANNUAL FINANCIAL
REPORT AND AUDIT REPORT FOR PERIOD THAT ENDED SEPTEMBER 30, 2000

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge receipt of the Annual Financial Report and Audit Report from Sebastian Inlet Tax District for the period that ended September 30, 2000. Motion carried and ordered unanimously.

REQUEST FROM PORT ST. JOHN DEPENDENT SPECIAL DISTRICT ADVISORY BOARD,
RE: DISCUSSIONS WITH FLORIDA FISH AND WILDLIFE COMMISSION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission for the Port St. John Dependent Special District Board to enter into a dialogue with the Florida Fish and Wildlife Conservation Commission representatives to explore common goals and participate in a management plan of lands owned by Florida Forever for improved land uses in the Port St. John community. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to appoint Julia G. Derrick to the West Melbourne Public Library Board, with term expiring December 31, 2001, and appoint Ken Black to the South Mainland Community Center Citizens Advisory Committee, with term expiring December 31, 2001. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

FINAL ENGINEERING APPROVAL, RE: SAWGRASS SOUTH SUBDIVISION, PHASE I

Lidia Lynch, President of Suntree Estates Homeowners Association, advised they were promised to be given adequate notice on any item concerning Sawgrass developments coming upon on the Agenda; however, they heard nothing about this item until yesterday. She stated they do not object to the development; their concern is extending of St. Andrews Boulevard; and that is important to the whole community of Suntree because it would increase traffic, possibly connect to future developments, and affect their way of life and home values. She stated they have two meetings scheduled with a representative; and requested the Board postpone this item until they have to chance to meet with her and present their side.

Ronald Klein, Vice President of Suntree Estates Homeowners Association, advised they are against connecting to St. Andrews Boulevard incrementally so that it connects eventually to Grand Haven and presents dramatic problems for the residents of Suntree Estates. He stated they are not against progress, but are against approval of this item without further studying the ramifications; many of them do studies of industry and government working together to decide on long and short-term risks of decisions they make and decide on alternatives to come up with a solution that provides the best value for everyone; but they have not seen or been able to comment on the long-term plans for traffic, schools, water, and environmental impacts of this project. He stated moving St. Andrews Boulevard just a little bit every time a new development comes in is incremental disclosure; if they approve this, Sawgrass II and III will be next; and the next connection will be to Grand Haven Road. He stated the overlay the developer has shows St. Andrews Boulevard eventually connecting with Grand Haven Boulevard; right now the Pineda Extension is no where in sight; for 25 years he hard there is going to be an extension; and it is still beyond the radar screen. Mr. Klein gave a hypothetical case of shopping, entertainment, and dining trips from the thousands of homes that comprise Grand Haven and Sawgrass and no Pineda Extension, ultimately using St. Andrews Boulevard through Suntree; and stated he guarantees that in two years they will be back talking about four laning St. Andrews Boulevard and Interlocken Boulevard, which would mean the end of the ideal setting in Suntree. He stated the alternatives are to close St. Andrews Boulevard where it is, and reopen it when the connector is open; go to an overpass of I-95 and connect to the west; or open Turtle Mound Road near Grand Haven. He stated connecting St. Andrews to Grand Haven and incrementally moving St. Andrews will result in destroying the ideal Suntree ambience.

Douglas Sphar, representing the Sierra Club Turtle Coast Group, advised the Club requests the County consider the Sawgrass project as an integrative whole before granting any approvals. He stated the applicant seems to be taking a divide and conquer approach to wetland permitting; he presented a master concept plan that envisioned 250 homes in three phases of development; and the three phases provide opportunities for creative avoidance and minimization of wetland impacts and impacts to the active eagle's nest. He stated taken as a whole, there are many options for routing St. Andrews Boulevard and its intersection with the proposed Pineda Extension; and the St. Johns River Water Management District had several concepts it presented to the developer that would have avoided some impacts. He stated the applicant modified the original application several months back to only develop a small portion of the property at this time, which was formerly identified as Phase II, and called it Phase I; the implications is he is only dealing with a low quality wetland that may be destroyed without providing supporting financial analysis to the St. Johns River Water Management District; but more importantly, he has now fixed the route of St. Andrews Boulevard, the required through road, and severely constrained options for dealing with wetlands, particularly high-quality wetlands, which were on the former Phase I plan. Mr. Sphar stated the concept plan the developer now has shows the stub end of St. Andrews Boulevard aimed squarely at a wetland and established eagle's nest; when St. Andrews Boulevard is eventually extended to the Pineda Extension, any possible road alignments will skim uncomfortably close to the nest; and fixing the road now also impacts the options for the layout of the larger Phase III part of the project. He stated the Sierra Club feels the project is a classic example of incrementally permitting a project so that the ultimate cumulative effects are obscured until it is too late to do anything about it; what happens with Phase I casts the dye for the entire project; and requested this Phase be put on hold until the total project is reviewed.

Attorney Richard Torpy, representing the developer; advised the individuals said they did not know this item was coming up today; this has been through public hearings at the P&Z Board and this Board and through outside permitting agencies as well as staff commenting; and they are here for final approval of the engineering. He stated there have been substantial changes in what they are proposing; initially the project had a phase to the north, south of St. Andrews Isle; this engineering does not proposed that project at all; and they are only asking for final engineering approval of the southern 37 lots that are 100x150 feet estate lots. He stated they are only asking to build the road as far south as they need to get access to that property; there is no proposal to continue it further to the east; it will stop at the entrance of Waterloo Place, which is a cul-de-sac; and there is no basis at this time, to delay this project for the future alignment of St. Andrews Boulevard. He stated that alignment is not their decision; they are land developers trying to get access to their property to build 37 residential lots; and whether or not St. Andrews Boulevard is extended or connects to the Pineda Extension lies with the Board as a decision it has to make. Mr. Torpy stated to tell them they cannot have access to their property and proceed with 37 lots because of what may happen to St. Andrews Boulevard is inappropriate and inverse condemnation of land; the choice with St. Andrews Boulevard is the Board's choice and not theirs; and requested the Board not pull the project, which has already been pulled and scrutinized at every angle for months. He requested they be allowed to proceed forward with the project while the Board deliberates what it is going to do with St. Andrews Boulevard ; stated they are only asking for 37 lots and have all the permits; and they think they are entitled to proceed without further delay.

Commissioner O'Brien requested the County Attorney explain inverse condemnation and if the Board postpones or denies this item, would that be inverse condemnation; with County Attorney Scott Knox responding inverse condemnation means the County would have taken the property through a decision it made without physically taking the property; so in this case, they would be claiming, by virtue of denying or postponing a decision on this project, that the Board has not allowed them to use their property for a period of time it is postponed, and would probably try to make a claim for temporary taking or permanent taking, depending on what happens to the property eventually. Commissioner O'Brien inquired if they would sue the County and say it has bought the property; with Mr. Knox responding no, they would try to get compensated for the period of time they loss the use of the property and sue the County for mandamus to make the Board approve the plan they submitted. Commissioner O'Brien inquired what is mandamus; with Mr. Knox responding it is a judicial proceeding where they walk into court and say the Board has a duty to approve the plan because they meet all the requirements; therefore the County must order the County to approve it. Commissioner O'Brien inquired if the Board denies or postpones a decision, the developer could sue for money and damages for holding up the project and tell the judge to let them start building; with Mr. Knox responding it would depend on how long the Board postpones it; if it is postponed for six months, they may; but if it is postponed for a week, they may not; however, the option is there for them. Commissioner O'Brien stated the taxpayer will get stuck with the bill; with Mr. Knox responding assuming they prevail, and the Board does not have other plans for the property, they would.

Commissioner Higgs stated the Board of County Commissioners has final approval of engineering plans; and inquired if it looks at a proposal and in its judgment feels there may be a better option in terms of a connection for access, is it not reasonable for the Board to have a right to ask for that to be investigated. Mr. Knox stated the problem is the County Code says meet the requirements and you are entitled to get approval; and according to staff, the project meets all requirements and staff has recommended approval. Commissioner Higgs stated other ways of doing it may also meet the Code; with Mr. Knox responding that is true, but at this point they have submitted their plan; they have recommendation of approval from staff; and if the Board denies it because it wants to realign the road and has not decided how it is going to realign the road, it is going to have a problem in court, if the developer decides to sue the County for mandamus, because of reasons that are not related to the project. Commissioner Higgs stated the project would result in the potential realignment of St. Andrews Boulevard being established via this mechanism, which is a decision in regard to the siting of a road and where that road would go, a public road which the County perhaps would have done in another way or another form. She stated the design and engineering plans compel the Board to do certain things. Mr. Knox stated if the Board had made a decision to realign St. Andrews in a different way than they propose, then it could probably go back and say the Board has made that decision and the developer needs to go back to the drawing board. He stated the only other way the Board can do that without risking a court overturning its decision is to have the developer voluntarily go back and do that because the Board has some alternative in mind.

Commissioner Higgs inquired if staff analyzed the traffic impact from the project and subsequent projects that may access St. Andrews Boulevard; with Development Engineer Bruce Moia responding no, but when the project was submitted, it was analyzed for concurrency to make sure that was available on St. Andrews Boulevard. He stated whether the cumulative impact of other projects in conjunction with this project has been analyzed, he would say probably not. Commissioner Higgs inquired if it has been analyzed in terms of this development; with Mr. Moia responding that is correct.

Chairman Carlson advised it was looked at from a superficial traffic perspective of how many trips would be generated based on what traffic engineers consider per household; that was submitted during discussions of Phase III; so it has gotten a little analysis, but not a legitimate analysis that would be done in a true traffic study. She stated there are numbers, but she does not know who put them together; with Mr. Moia responding the numbers were presented to the County Traffic Engineer. Chairman Carlson stated they postponed Phase III and asked for numbers of impact to St. Andrews Boulevard; they came up with very large numbers when they took into account most of the Sawgrass development as a whole and not just Phase III, which did not show much impact to the road; but as a whole it showed a lot of potential impact; however, it was not an actual study and was just using typical engineering equations. Assistant County Manager Peggy Busacca advised that information was generated as part of the rezoning request; and staff looked at all the phases of the project that they knew about.

Commissioner Higgs inquired how far does the current plan for construction of the Pineda Extension goes; with Mr. Moia responding past the existing eagle's nest. He stated if St. Andrews Boulevard is brought straight south, it would not connect to what currently is being constructed as the Pineda Extension; and it is a few hundred feet to the east of where that connection would be. Commissioner Higgs requested Mr. Moia explain what flexibility staff has in terms of providing access to developments. She inquired if staff said it would be a better development to connect to the Pineda Extension, is that flexibility in the Ordinance; with Mr. Moia responding the Comprehensive Plan encourages connectivity and certain issues they use as a planning tool; they would encourage connections where they thought it was in the best interest of the public, for better traffic flow, or whatever reason; but with the size of this project, capacity was not an issue with St. Andrews Boulevard. He stated maybe with all the developments mentioned cumulatively, the connection might be warranted. Ms. Busacca inquired if it is a public street and if people have the ability to access a public right-of-way; with Mr. Moia responding yes. Commissioner Higgs inquired if the access is without limits; with Mr. Moia responding as long as they do not trip the threshold of that roadway.

Commissioner Colon stated she was under the impression the developer was willing to work with the County in regards to St. Andrews Boulevard; and she would like to get feedback from Mr. Torpy on that. Mr. Torpy advised they have been working with the County on this project for months; they have not heard any proposals from the County contrary to what they are doing; but they have heard a lot of discussion about what they do not want to do with St. Andrews Boulevard. He stated they have reduced the project by half; they want to do the southern portion; they are only building the road to the point they need in order to get access to Waterloo Place; and he is not sure what else the developer can do right now. He stated the County has not come to them and said it wants them to come in a different way; the County has said nothing about that; it has a continuing debate about what it is going to do with St. Andrews Boulevard; but they just want access to their land and to build on their land. He stated they have met every Code the County has and every outside permitting agencies' codes; they are stuck in a political debate by the Board because it is not sure what it wants to do; and they would like to work with the County and help it; but it is like trying to hit a moving target. He stated they are not sure what the County wants; and they are not in a position where they can afford further delays while that is discussed. Mr. Torpy stated the Board can decide on an alignment six months from now or that it does not want any connections anywhere; that is in its discretion, not the developer's; and they need to move forward to build their project. He stated they have done everything to accommodate the concerns of the County' and he does not know how much more the developers can bend to accommodate this concern at this time.

Commissioner Higgs inquired what are the conditions for allowing connections to the Pineda Extension; with Mr. Moia responding the Agreement for donation of the right-of-way for the Pineda Extension allows four total connections--three by Grand Haven and one which would potentially be St. Andrews Boulevard. Commissioner Higgs inquired if Sawgrass, Phase III could connect to the Pineda Extension and provide access to all the Sawgrass projects; with Mr. Moia responding that would be possible if they propose that; but there is no existing right-of-way at this time that would dictate that.

Chairman Carlson stated based on looking at the layout that has the eagle's nest and land that would be occupied by Phase III, what is concerning the people in the Suntree Area is the perception of extending St. Andrews Boulevard; and she has meetings scheduled with Ms. Lynch and would like to have the time to discuss the project with them and clarify what is going to occur. She inquired if it is unreasonable to ask to postpone this item until after the workshop and the first meeting in August, which would be less than 30 days. Mr. Torpy stated they had that meeting; he sat in Commissioner Carlson's office with the layout and with a previous layout; Suntree people had months to come and discuss it with her; and inquired how much longer are they going to discuss the issue. He stated it is going to cause great delays and financial problems to delay this item again for more discussions; he knows the people are unhappy, and that some of them want it and some do not; but it is not a surprise; it has not changed in months; and requested the Board approve the item as they are entitled to by the County Code. Chairman Carlson stated they have not taken into consideration the actions that occurred in Sawgrass III and the interpretation of those; and that is why the Board is having a workshop and why it was requested to be tabled, which the Board abided by as standard policy. She stated the residents in Suntree would like to see that road stop until they get a connection to I-95, which potentially could be five to eight years from now; those fears need to be recognized and understood, especially if they live in that area and at the end of St. Andrews Boulevard where the construction traffic is going to occur; so the Board needs to go slowly here. She stated she would prefer to have the blessing of the developer on postponing this item for a little while; and if not, her request would be to postpone it until the first meeting in August.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table final engineering approval for Sawgrass South Subdivision, Phase I until August 2, 2001.

Mr. Torpy advised they will be coming back for rezoning on August 2, 2001, so it would be logical to do it then and have the discussion cumulatively.

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

TERMINATION OF CONTRACT WITH O.T. TRANS, INC., RE: SCHOOL BOARD SHUTTER
INSTALLATION, PHASE 3

Mike Hewell, representing O.T. Trans, Inc., advised they are here to request an extension of their Contract, which is before the Board for termination. He stated it is true that to date they have not completed the fourth item of the Contract, which expired June 30, 2001; but there have been engineering issues with the elementary schools regarding installation since the pre-bid conference. He stated they submitted their engineering drawing package per the scope of work and Contract, which was to supply a Miami-Dade compliant product and installation procedure; there is no standard installation procedure; they asked, when they were given the engineering drawings back initially, and were told to take the specification test approval package from the Architect for Miami-Dade and have the Brevard County School Shutters Phase III job name placed on that document; however, that could not be done because at that point it would become a site specific engineered package. He stated they took digital photos and sent structural and architectural drawings they had to get from the schools; they repeatedly requested assistance about header information and structure about the schools and were repeatedly told that Facilities Construction was doing it as a favor to the School Board because it did not have people in that type of discipline to oversee the job, and that Facilities Construction did not have access to any drawings. Mr. Hewell stated they submitted engineer drawings they understood were requested by the scope of work; and within that several issues came about. He stated Mr. Stanton submitted letters dated June 22 and 25, 2001 to the Board; and inquired if the Board received copies of their responses to Mr. Stanton's letters in which all the items were addressed. He stated they now have the proper engineering; and he requested a meeting because they were at an impasse and nobody could tell them what was the compliant with the school or what they needed because there were no Miami-Dade approved installation procedure for elementary schools. He stated he was told by an engineer who reviewed the digital photos they took that if they mirrored the installation at Enterprise Elementary, he would not suggest taking his daughter to her elementary school for evacuation. Mr. Hewell stated at the meeting they were finally given the name of the engineer who apparently did some work on Phase 2; within two weeks of getting that information, which was about the time their contract ran out, they had the engineer drawings they needed and were ready to go; and requested there be some consideration made in that they did all the leg work to get the proper installation approval done apparently without concession.

Commissioner Colon advised she has a mandatory canvassing board meeting with the Supervisor of Elections and would like to be excused at this time, but will return when the meeting is over.

*Commissioner Colon's absence was noted at this time.

R. L. Jones of Premier Shutters, advised he works for O. T. Trans, Inc.; they went into this looking at doing all the schools; Premier Shutters is a reputable company and try to do a better job than anybody else; they started installing shutters on the schools, by the engineering they had that was approved by a certified architect who worked on the schools; but they ran into a problem because they were attaching to a steel beam that had never been tested. He stated they went back to the engineer who did the testing in Miami; and they communicated with him to get the best certification they could. He stated they now have the engineering that they said will work on that type of schools; there has never been engineering for that type of facility; and their product is at Miami-Dade facility at this time to get certification; but they are ready to go ahead and start construction of the shutters and installation on the schools.

Antonia Gonzalez, President of O.T. Trans, Inc., requested extension of the Contract; and stated previous to bidding on the contract it was said that no specific engineering was required for the project. He stated they quoted the Miami-Dade product installed by Miami-Dade Code; and there are five or six different methods of installation that were approved by Dade County Code, but none of them applied to any of the schools in Brevard County. He stated there are openings that are over 12 feet wide requiring specific engineering by an engineer who knows Dade County Code. He stated when they asked for header information at the beginning of the contract, they were told they did not have that information; the installation appears not to apply to the Code because the roofing system they were attaching to, the beam that is in front of each window, is structural but not approved for in and out winds, and is approved only for up and down wind loads; therefore, it would have to be reinforced for their application to work. He stated the applications that were previously installed on the schools had some previous engineering done; and once they found that out and found out who the engineer was, they immediately contacted him and now have the engineering that is approved for installing the hurricane shutters on the schools. He stated his main concern is that the product is installed correctly so the people of Brevard County can go to those shelters. Mr. Gonzalez advised there has been misunderstandings from the beginning; as far as information and what to attach the Dade County approved shutters to; they now have that engineering; and requested additional monies for the specific engineering that was not a requirement but is a requirement on those schools; however, they were denied. He stated they are prepared to proceed today with their bid even if no monies are being allowed for above the price they quoted for the contract; and they are prepared to proceed on the Date County approved installation specifically engineered.

Mr. Jones stated he also contacted Mr. Stanton when he received the letter stating they were considering termination of his contract; and he was waiting on a response; but before he could respond, he found out they were being terminated without an opportunity to respond. He stated Mr. Stanton told him he had to have it before the Board because the Contract expired; he asked if he could proceed with his explanation; and Mr. Stanton said yes, and if it is adequate, he could retract the request to terminate the contract. He stated that did not happen and the request before the Board is to terminate the contract; but they are ready to go and turned in all the information requested of them.

Chairman Carlson requested Mr. Stanton explain the items and pinpoint some of the issues that were brought up.

Facilities Construction Director Sam Stanton advised FEMA passed the existing installation; the engineer told him several different times he never was out to a site; he does not know how an engineer can make an assessment and never have gone on a site; so he took someone else's word as to the installation and where the existing product was good or not. He stated Phase 3 is no different that Phases 1 and 2; they allowed the firms to give them raised seal stamped approved engineering drawings on the system they would install as long as it was Miami-Dade compliant; Phase 1 had no problems; they went to the School Board and got all the drawings they needed because the County does not have the School Board's drawings; and Phase 2 was identical and submitted drawings signed and sealed with no problems. He stated Phase 3 started to get into engineering issues because they were told by O. T. Trans that their style of installation was better than what was out there; the Contract allowed them to come up with engineering drawings for the style of installation they have; the requirement was to provide engineering that met the Miami-Dade Code; and that was in the original Contract. He stated what they have is a failure to perform; it is hurricane season and they do not have shutters up; and staff has lost confidence that the Contract can be performed by this company.

Chairman Carlson inquired who did Phases 2 and 2; with staff responding Advanced Hurricane Protection from Hialeah did Phase 1 and Shutter Outlet of Melbourne did Phase 2. Chairman Carlson inquired if they did not quality to do Phase 3; with staff responding the low bid was accepted.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept the recommendations to terminate the Contract with O. T. Trans, Inc. for School Board shutter installation due to failure to perform; authorize award of Contract to the second low bidder, Shutter Outlet; and authorize the Chairman to execute a Contract with Shutter Outlet. Motion carried and ordered unanimously.

AWARD AND EXECUTE CONTRACT WITH VISION CARE, INC., RE: VOLUNTARY
VISION INSURANCE

Ken MacDougall, representing CompBenefits/ADP & VCI, advised they are the vendor for the vision plan, and are happy to renew their contract. Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to award Contract for voluntary vision insurance to Vision Care, Inc., effective January 1, 2002, with a three-year rate guarantee; and authorize the Chairman to execute the Contract for the service. Motion carried and ordered unanimously.

PUBLIC HEARING, RE; RESOLUTION VACATING PORTION OF OAK GROVE ROAD
- HONEYCUTT & ASSOCIATES

Chairman Carlson called for the public hearing to consider a resolution vacating a portion of Oak Grove Road as petitioned by Honeycutt & Associates.

Commissioner Scarborough advised the petitioner requested the item be continued for two weeks.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to continue the public hearing to consider a resolution vacating a portion of Oak Grove Road as petitioned by Honeycutt & Associates until July 24, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF PENROD ROAD IN
TITUSVILLE FRUIT & FARM LANDS - JOHN H. EVANS, P.A.

Chairman Carlson called for the public hearing to consider a resolution vacating a portion of Penrod Road in Titusville Fruit & Farm Lands as petitioned by John H. Evans, P.A.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution vacating portion of Penrod Road in Titusville Fruit & Farm Lands as petitioned by John H. Evans, P.A. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN CITRUS ISLE SUBDIVISION - TODD AND ROBIN PANKUCH

Chairman Carlson called for the public hearing to consider a resolution vacating a public utility and drainage easement in Citrus Isle Subdivision as petitioned by Todd and Robin Pankuch.

Commissioner O'Brien inquired if the applicants purchased the property; with Assistant Public Works Director Ed Washburn responding they are in the process of doing that. Commissioner O'Brien recommended the motion guarantee additional property is purchased before this action takes effect. Mr. Washburn advised if the Board approves the vacation and they do not purchase the property, it will penalize them because the screen enclosure would be a foot too close to the setback and will have a problem.

Todd Pankuch advised the property is owned by the Homeowners Association; it is an overgrown weed and water collection area; the homeowners are improving that property to the point where it is a grassy swale; the project is being done by the homeowners on a volunteer basis so it is proceeding on a slow pace; and inquired if the Board does not approve the vacating until he purchases the land, would he have an open permit until that time because the project may not be complete until the end of the calendar year. Commissioner O'Brien stated if Mr. Pankuch does not buy the property, the vacating will be void. Mr. Pankuch stated they cannot purchase it until the project is completed; the transfer from the Homeowners Association to the individual homeowner does not happen until the project is complete. Commissioner O'Brien stated the petition says he wants to put a screened enclosure on the property and that is why he wants the vacation; with Mr. Pankuch responding that is a true statement.

Commissioner O'Brien inquired if he has to build his porch first before the Homeowners Association will give him the property; with Mr. Pankuch responding no, what he has to do is grade the land, fill the irrigation ditch, and all that work has to be done before they will deed the land to the homeowners; with Commissioner O'Brien responding he has no problem with that. Mr. Pankuch advised he just wanted to be assured he will not have a problem getting the CO on his porch. Mr. Washburn advised staff will handle it.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution vacating a public utility and drainage easement in Citrus Isle Subdivision, as petitioned by Todd and Robin Pankuch, contingent upon the applicants purchasing an additional 15 feet in the rear of the property from the Homeowners Association to meet their setback requirement. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF ALLEY IN MAP OF
BAY CREST VILLA - FIRST CHOICE PROPERTIES, INC.

Chairman Carlson called for the public hearing to consider a resolution vacating a portion of an alley in Map of Bay Crest Villa as petitioned by First Choice Properties, Inc.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution vacating portion of alley in Map of Bay Crest Villa as petitioned by First Choice Properties, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF TRACT A IN VILLAS
AT SUNSET POINT - EDWARD M. FLEIS

Chairman Carlson called for the public hearing to consider a resolution vacating a portion of Tract A in Villas at Sunset Point as petitioned by Edward M. Fleis.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution vacating portion of Tract A in Villas at Sunset Point as petitioned by Edward M. Fleis. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF VIERA BOULEVARD
- THE VIERA COMPANY/LENNAR HOMES, INC.

Chairman Carlson called for the public hearing to consider a resolution vacating a portion of Viera Boulevard as petitioned by The Viera Company/Lennar Homes, Inc.

Assistant Public Works Director Ed Washburn advised there are no objections; staff has copies of the easements; and they will not record the resolution until the original easements are received.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution vacating portion of Viera Boulevard as petitioned by The Viera Company/Lennar Homes, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: CONSOLIDATED ACTION PLAN FOR FY 2001-2002

Chairman Carlson called for the public hearing to consider the Consolidated Action Plan for FY 2001-2002.

Housing and Human Services Director Gay Williams advised no action is required by the Board at this time, as the public hearing is to allow the public to comment on the plan. She stated funding will be allocated by the plan and final approval will be on July 31, 2001.

Chairman Carlson advised no public comments have been received on the planning and funding priorities for the Community Development Block Grant Program, HOME Investment Partnership Program, Community Action Agency, and Community Base Organizations.

PUBLIC HEARING, RE: ORDINANCE EXTENDING EFFECTIVE DATE OF PORT ST.
JOHN DEPENDENT SPECIAL DISTRICT

Chairman Carlson called for the public hearing to consider an ordinance extending the effective date of the Port St. John Dependent Special District.

Commissioner Scarborough inquired if Merritt Island Redevelopment Agency has a sunset provision; and noted someone said they thought it was removed.

Assistant County Manager Peggy Busacca advised she will look into it and bring it back later in the meeting.

The Board postponed the public hearing on an ordinance extending the effective date of Port St. John Dependent Special District until later in the meeting.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 62-4062, FLOOD ELEVATION

Chairman Carlson called for the public hearing to consider an ordinance amending Section 62-4062, regarding Flood Elevation.

Commissioner O'Brien advised page 2, Section (6)b. says, "All buildings or structures shall be elevated so that the bottom of the lowest horizontal structural member of the lowest floor is elevated to or above the base flood elevation level," but it does not say how far above that level. He stated if base flood elevation is 18 inches off the ground or above sea level, where is the line drawn as to where is base flood level.

Development Engineer Bruce Moia advised the base flood elevations are established by the FEMA Maps they have an actual elevation in those zones; and whatever that elevation is that is established, it would have to be the minimum of that elevation or above. Commissioner O'Brien recommended it be put in layman's terms. Mr. Moia advised the ordinance is basically limited to V zones which is on the coast line; if the flood elevation in Indialantic was 6, the bottom of the structural member would have to be at elevation 6 or above for it to be in compliance with the ordinance. Commissioner O'Brien stated if the base elevation is 6 should the County add another foot or six inches or two feet to that because the base flood elevation means at 6 they will be flooded; with Mr. Moia responding that is why it was made the lowest floor of the structural member because that would dictate that the finished floor would have to be above that. Commissioner O'Brien stated the bottom of that member may be a cement slab; with Mr. Moia responding in a V zone it would not be, most of the structures in those areas are built on piles and the member would be the bottom of the pile cap.

Commissioner Scarborough recommended the ordinance be tabled to allow staff to look at it further.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to continue the public hearing on an Ordinance amending Section 62-4062, Flood Elevation, until July 24, 2001.

Commissioner Higgs inquired if the Board wants a report from staff about the impact of moving it higher. Chairman Carlson stated and also the relationship of the existing roadways that supposed to be above the elevation of ten inches and those that are not at the FEMA regulatory height; because some of the roads are lower and we have flooding in areas. Commissioner Higgs stated this is only in the V zones; and the Board wants to know the impact of changing that to a higher level. PUBLIC HEARING, RE: ORDINANCE PROVIDING FOR NUISANCE ABATEMENT

Chairman Carlson called for the public hearing to consider an ordinance providing for nuisance abatement.

Commissioner O'Brien advised the ordinance does not empower deputy sheriffs to enforce noise abatement; and inquired how can deputies legally enforce places used as the site of unlawful manufacture, sale, distribution, use or delivery of controlled substances, illegal gambling, unpermitted rave clubs, etc.

County Attorney Scott Knox advised it is his recollection that State law grants deputies their powers to enforce County Ordinances, but he will double check that.

Commissioner O'Brien stated deputies do not go into people's yards and say their grass is too long and give them a ticket; with Commissioner Higgs responding the ordinance deals with specific instances and empowers deputy sheriffs to bring the violation to the special master. She stated the deputy would present the case to the special master, and the special master would declare it or not declare it a nuisance that has to be abated. Mr. Knox stated their basic power to do that comes from State law. Commissioner Higgs stated deputies would arrest the seller of drugs, but the nuisance refers to the property. Commissioner O'Brien stated so it is Code Enforcement; with Commissioner Higgs responding no, it is nuisance abatement by the special master and is presented in a certain way. Commissioner O'Brien inquired why would a deputy try to find the owner of the property who may live in Michigan; with Chairman Carlson responding the citation is served to the owner and he has to appear before the special master at a certain time. Mr. Knox stated the deputy would go to Mr. Bowen, advise him of the problem, and give him a report; and he would show up as a witness at the hearing, but would not track down the owner of the property. Commissioner Higgs stated under the ordinance, the deputy is the person who presents the case; with Mr. Knox responding he could, but it does not say he has to. Commissioner Higgs stated Section 5(e) states, "Conduct of the Hearing. The Brevard County Sheriff or designee shall present cases before the special master." Mr. Knox advised Section 6(b) says, "The sheriff's office may represent the County by presenting the case or the County Attorney may also present the case'; the County Attorney may be in a better position to present the case and Code Enforcement could do the investigation; so Section 5(e) should be changed to "may" instead of "shall."

Commissioner Scarborough stated page 11, Section 12, says, "This section does not restrict the right of any person. . ."; and recommended "including the County" so it clearly anticipates that the County may proceed for an injunction. He stated Florida Statutes 60.05 allows the Board to seek an injunction; and there are some things that are so bad, the Board may not want to proceed with a special master.

Commissioner Higgs stated the final sentence of Section 5(e) talks about standards by which the orders will be based. Commissioner O'Brien stated it says, "Orders of the special master shall be based on competent substantial evidence and must be passed on a preponderance of the evidence." Commissioner Higgs stated the Board uses competent and substantial evidence in its standards for rezoning; and inquired if the standards are all consistent. Mr. Knox stated unless there is something in the statute requiring that, competent substantial evidence is different than preponderance of evidence; and preponderance is the way it should go. Commissioner O'Brien recommended "preponderance of the evidence presented at the hearing."

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt an Ordinance of Brevard County, Florida, creating Chapter 74, Article III, Code of Ordinances of Brevard County, Florida, relating to nuisance abatement; providing for definitions, creation of nuisance abatement special master, legal counsel and case presentation, enforcement procedure, declaration of public nuisance by nuisance abatement special master, administrative fines and liens, costs, appeals, and preservation of rights; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion on the Code; and providing for an effective date, as amended, deleting "competent substantial evidence" and adding "preponderance of evidence presented at the hearing" to Section 5(e), changing "shall" to "may" in Section 7(b), and adding "including the County" to Section 12. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING LAND DEVELOPMENT REGULATIONS
ON REQUIREMENTS FOR CHANGE OF USE OF COMMERCIAL PROPERTIES

Chairman Carlson called for the public hearing to consider an ordinance amending the Land Development Regulations on requirements for change of use of commercial properties.

Heidi Brandon, representing the Cocoa Beach Area Chamber of Commerce, advised their Government Relations Committee has not looked at the ordinance; and requested the Board table the public hearing until their committee meets.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to continue the public hearing on an ordinance amending the Land Development Regulations on requirements for change of use of commercial properties until July 24, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 62-2883, REQUIREMENTS
FOR PERIMETER BUFFERING FOR RESIDENTIAL SUBDIVISIONS

Chairman Carlson called for the public hearing to consider an ordinance amending Section 62-2883, relating to requirements for perimeter buffering for residential subdivisions.

Hassan Kamal with BSE Consultants, Inc., advised the proposed ordinance would require a 15-foot buffer on the perimeter of all residential subdivisions; and while the intent is good, the way it is worded will cause problems as they work through the process. He stated the proposed ordinance does not give full consideration to the practical and realistic issues associated with land development; the 150-foot buffer would result in a 30-foot wide area between subdivisions that back up to each other; and they will be no man lands because of the requirement to leave those areas native. He stated they could cause drainage problems if not adequately maintained; and if fencing or walls around subdivisions, there would be a 30 foot strip between those fences and walls that would be problematic from a maintenance standpoint and people may use the area that should not be there. He stated it goes against the County's recent direction or zoning regulation modification to provide incentives to developers to increase open space within projects; the buffer areas are not usable open space areas that can be incorporated into a project; more usable open space should be provided interior to the project; and this ordinance is in direct conflict with that. Mr. Hassan advised the way it is worded does not give consideration to compatibility with adjacent land uses; it does not make sense to provide an additional 30-foot buffer between two residential uses that are against each other with similar densities; it does not give consideration to projects that abut conservation areas, drainage facilities, lakes, other buffers, or golf courses; and he does not think that was the intent. He noted if a commercial property abuts residential property, the owner is required to provide a buffer in the form of a wall or additional landscaping. He advised when they develop PUD's, the compatibility of the land uses is evaluated, analyzed, and approved by the County as they go through the PUD process; the project is platted in separate and distinct phases; but under the scenario of the ordinance, even though compatibility of land uses has been evaluated and buffers established, the developer would have to provide additional buffering around the perimeter. He stated an example is the Viera PUD, which has a lot of conservation areas, buffers, lakes, and a golf course already platted; the subdivisions are platted after that; and the ordinance will require a 15-foot parallel and adjacent to existing buffers. He stated some things are not workable in the current language; and BSE will be happy to work with staff to come up with language t hat addresses different scenarios rather than a blank regulation that covers all issues and does not deal with specifics.

Commissioner O'Brien advised the purpose of the ordinance was to put a buffer between backyards and not along lakes, roads, streams, etc.

Chairman Carlson advised when a subdivision is being developed next to an existing subdivision, dirt and nuisances occur that are not controlled in a timely manner; the Board cannot control the weather conditions; and when it is dry, dust and other debris get into adjacent pools, yards, etc. She stated the Board is trying to alleviate that problem with buffers. She stated in terms of it being a parcel wedged between two developments, it is supposed to be laid out as a tract in a subdivision so it would go to the homeowners association to maintain it; and it does not say it has to stay in its native state. Commissioner Higgs noted it says undisturbed, but does not say native. Chairman Carlson stated there is no requirement to vegetate, but the weather conditions sometimes do not allow it to be vegetated; the grass does not grow, the dust flies because they are clearing massive areas; and that is a real problem. Commissioner O'Brien stated when people clear lots and the wind blows, there is a lot of dust; but the ordinance could provide clearing of a percentage of the lot, and cover it that way. Chairman Carlson stated this issue came about at the open space workshop where the Board felt strongly enough to push it forward. Commissioner O'Brien stated he cannot see a 15-foot buffer of bushes knocking down dust. Chairman Carlson noted the buffer coupled with a percentage that can be cleared at any given time may help. Commissioner Scarborough stated the comments were well taken; Mr. Moia should meet with the speakers and put together an item for the Agenda; he does not see a need for buffers between similarly zoned properties in a PUD; there is a logic in letting things occur; but he understands the Board's concern about compatibility.

Franck Kaiser, Homebuilders and Contractors Association of Brevard Executive Vice President and CEO, advised the developers and contractors are concerned about the proposed ordinance; there are five major concerns, which are: (1) if the proposed buffers stay in a natural state, there is concern about how they are going to be maintained to keep the natural characteristics; if it is in pasture lands like Viera, there is no benefit realized by the buffers; and if it is in wooded areas, the maintenance would be needed to reduce fire potential; (2) a 15-foot perimeter buffer around subdivisions would provide no real barrier and would create a potential of two fences or walls and a nuisance area between backyards of proposed lots; (3) the 15-foot buffers would remain unfilled, which means the lots in developments and subdivisions that are filled to bring them above street level will create a drainage problem and mosquito breeding because it will hold water in that area, and build moats around each development in most cases; (4) it will be a nuisance to homeowners associations to maintain, and an additional cost to the people who live there with no real benefit; and (5) the cost of development will contribute significantly to the cost of the lots and add about $600 to $800 dollars per lot, which affects affordability of housing. Mr. Kaiser stated it does not seem like a reasonable approach; and suggested further discussion with staff or a workshop to come up with a more reasonable approach. He stated if the 15 feet is required, it could be within the lots so perimeter lots would be 15 feet deeper, and the individual homeowners would maintain them. He requested the ordinance be postponed for further review as it needs to be re-engineered.

Commissioner Scarborough inquired if Mr. Kaiser is suggesting the Board require additional lot depth; with Mr. Kaiser responding exactly. Commissioner Scarborough stated when there is something that is incompatible as to density or size of home that touches an adjacent lot, there may be other ways to have a transition in residential, as well as commercial to residential; and the buffer may not be an advantage to the homeowner who may find a greater advantage to have someone responsible for cleaning the area.

Timothy Jelus advised he does not think the County needs this ordinance; the Board scrutinizes zoning very carefully; and it can put conditions on development, if there are incompatibilities, through the binding development plan. He stated the way the language is drafted, it will have detrimental effects; it is not specific enough; and it is one paragraph intended to cover a gamut of developments, which it cannot do. He stated the Land Development Regulations that the development community has to abide by are strict enough; a 15-foot buffer is not going to keep wind erosion down on a 100 acres that are being cleared; those are conditions of drought; and it is up to the developer to take care of communities around his property during the course of construction. He stated there is no doubt construction is messy; but it is short-lived; and they can do fine without the ordinance.

Commissioner Higgs stated some interesting comments have been made; and the ordinance can be enhanced by staff working with the development community and come up with something that will do what the Board set out to do, and not be as difficult to live with. She stated the specificity in different situations needs to be addressed; so the ordinance should be tabled for further work and brought back in 60 days.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to continue the public hearing on an ordinance amending Section 62-2883 to provide requirements for perimeter buffering of residential subdivisions until September 11, 2001.

Commissioner O'Brien advised Agenda Item VI.F.6. creates a citizens bill of rights to guarantee that rezoning applicants and attorneys have a right to present evidence, and requires compensation of landowners whose property values have diminished by any governmental regulation without regard to when the regulation was passed; and inquired how will the ordinance affect someone's property value where the Board would have to pay them by following its ordinance.

County Attorney Scott Knox advised the risk the Board has in passing any kind of new regulation is that someone may walk in and say the regulation diminished the value of his or her property; they have to provide it because it may or may not be true; but the Board passing a regulation inherently carries that risk. Commissioner Higgs advised the Board already faces that under the Harris Act with any ordinance it passes. Commissioner O'Brien stated Item VI.F.6 are items they want to place on the ballot; and inquired how would the ordinance fit into the language of that ballot question. Mr. Knox advised the ordinance as proposed already has that risk because of the Harris Act; and the only difference is the Harris Act is as it exists today and the proposed Charter amendment would cover all existing and future regulations, no matter when it was passed.

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

The meeting recessed at 10:48 a.m., and reconvened at 11:05 a.m.

*Commissioner Colon's presence was noted at this time.

CAROL BRACY, LEGISLATIVE DIRECTOR, FLORIDA ASSOCIATION OF COUNTIES, RE:
PRESENTATION OF 2001 COUNTY CHAMPION AWARDS, AND 2001 POST LEGISLA-
TIVE PRESENTATION BY RANDY BALL AND GUY SPEARMAN

Chairman Carlson introduced Carol Bracy, Legislative Director with Florida Association of Counties (FAC); and advised she is here to present to Senator Bill Posey and Representative Randy Ball the Florida Association of Counties 2001 County Champion Awards. She stated it is a privilege to have both of those legislators here; they put in a lot of hard work in this particular session; and it has been a great return for the County, which the Board appreciates. She stated in spite of the many challenges for counties during the 2001 legislative session, FAC was successful on a number of legislative priorities and initiatives; however, their accomplishments could not have been achieved without the support of our legislators who are being honored today. Chairman Carlson advised the legislators have distinguished themselves by demonstrating a strong commitment to addressing important county issues; they worked to improve and maintain a high quality of life for all Floridians; and the first recipient is Senator Bill Posey. She stated Senator Posey was elected to the Florida Senate in 2000 to serve as the senator from District 15, which consists of parts of Brevard, Indian River, and St. Lucie Counties; and prior to his service in the Senate, he was a member of the Florida House of Representatives from 1992 to 2000. She advised Senator Posey chaired the Senate Ethics and Election Committee, and will serve as Chair of the Senate Banking and Insurance Committee. Chairman Carlson advised his other assignments include the Governmental Oversight and Productivity Committee, Reapportionment Subcommittee on Congressional Apportionment and Redistricting, and the Joint Administrative Procedures Committee. She stated election reform took center stage during the 2001 session; as Chairman of the Ethics and Election Committee, Senator Posey as the point person for the Senate in putting together a reform package; he did an outstanding job in bringing forward a consensus bill and shepherded it through the Senate and the Conference Committee; and that new law provides $24 million in State funding to help counties upgrade voting machines, and $6 million for poll worker training and recruitment, and voter education. She advised Senator Posey also sponsored legislation authorizing government agencies to acquire, hold, and enforce copyrights for data processing software they develop; and it also authorizes the sale and licensing of that software to help local governments recoup the public investment in training personnel that all counties make as a matter of their day-to-day operations. She requested everyone join in thanking Senator Posey for his outstanding efforts.

Carol Bracy presented the 2001 County Champion Award to Senator Posey. Commissioner O'Brien thanked Senator Posey for helping Brevard County received $386,000 for new voting machines the County purchased two years ago. Senator Posey stated it should total over $600,000. County Manager Tom Jenkins advised it is two payments of $453,060 each. Commissioner O'Brien stated the County spent over a million dollars to buy the equipment, and the reimbursement will help to offset the cost, and is fair and equitable.

Senator Posey advised a very small majority of the House and Senate members have local government experience; that is unfortunate, but there is no way to mandate that experience before going to State or federal government; and like so many organizations, the bigger they get, the better the communications get from the top down and the worst it gets from the bottom up. He stated fortunately FAC does an outstanding job to see that the message is carried even though there may not be enough legislators to do it from the bottom to the top; and FAC is in large part responsible for the ability to get local funding. He stated the leadership said at the beginning there would be no local funding; people from large metropolitan areas wanted all the funding to be based solely on population; some counties were at the ten mill cap and could not raise an extra nickel in taxes; and the negotiations that shepherded the bill through, funded those that could not help themselves. He stated those who bit the bullet and did the right thing and were not an embarrassment to the State in the face of the nation and eyes of the world like Brevard County, which bought the necessary voting equipment, got reimbursed for part of it; and that was not an easy sell, but FAC was in large part responsible for helping to shepherd that through. Senator Posey advised they receive a lot of awards; but on his wall his lifetime achievement award from FAC is the centerpiece of things he is proud of; and thanked the Board and FACT for the opportunity to work with them.

Chairman Carlson advised the next recipient is Representative Randy Ball; Representative Ball has represented Brevard County since 1994; he chairs the House Criminal Justice Committee and is co-chair for the House Redistricting Council; and he serves on the Fiscal Responsibility Council, Agriculture and Consumer Affairs Committee, Education Innovation Committee, and Juvenile Justice Committee. She advised Representative Ball was instrumental in fending off efforts to transfer the cost of juvenile detention facilities to counties; and that cost shift would have had an $85.6 million fiscal impact on counties statewide. She stated Representative Ball also played a critical role in maintaining State funding to the Department of Corrections Pretrial Intervention Program; that diversionary program provides rehabilitative services for first-time offenders; and the statewide program provides relief for an overburdened court system and reduces county jail costs. She stated this his hard work on House Bill 9, Representative Ball helped insure greater notice to local governments for the construction or modification of solid waste management facilities; and requested everyone joint in thanking Representative Ball for all his hard work.

Carol Bracy presented the 2001 FACT County Champion Award to Representative Ball. Commissioner O'Brien stated one of the reasons Senator Posey and Representative Ball received the award is because they have carried the torch for Brevard County in Tallahassee and brought forth the issues of the Board. He stated they worked hard to bring home the bacon to their Districts; and he is proud to have them serve the public the way they did.

Commissioner Scarborough thanked Representative Ball, noting the tremendous benefit of having his office close to Representative Ball's Office; and indicated his office would be less effective in serving his constituents if it was not for Representative Ball's Office.

Commissioner Colon thanked all the Brevard County legislators who made an awesome team during the 2001 session. She stated she is proud of them and would like to extend her appreciation to freshmen Representatives Needleman, Allen, and Haridopolis also.

Representative Ball thanked the Board for having Guy Spearman and Carol Laymance in Tallahassee; stated they were very good for information flow and to pawn things off on; and he appreciates the bang up job they did. He stated they started with a one billion dollar budget expense they did not expect because they have the Kid Care Program where they try to provide insurance for children of the working poor. He stated they provide funding for the program every year and it was not being used; so they decided, with the help of the federal government, to do an outreach program and went across the State signing up kids that were not signed up for the program. He stated in the process, they found 360,000 recipients eligible for Medicaid who were not enrolled in the program; and that put the State $360 million behind last year, and gives a recurring $600 million cost to put into Medicaid, which they did not expect. He stated in the face of a tight budget, that is what caused them to look at cuts in different areas. Representative Ball advised there were three things they had to do this year: (1) pass the budget, (2) look at nursing home situations, and (3) election reform. He stated the budget turned out to be $48.6 billion; many liability carriers are leaving the State; and there was some question whether the nursing home residents were getting the quality of care they needed. He stated the Board asked the Legislature to get rid of the local match for the Kid Care Program; and that was done away with this year. He stated in a tight budget year, they were still able to increase education statewide by $660 million or 5.5% for an enrollment increase of 2% statewide; Brevard County received 4.0% increase with enrollment growth of .95%; and there is a constant refrain that Brevard County is 62nd among 67 counties in the State for funding education. Representative Ball advised the Florida Education Finance Program is intricate; adding federal entitlement programs, federal grants, local money that different counties have approved by referendum, that puts Brevard County 62nd of 67 school districts, not in the Florida funding program; and any editorial that says Brevard County is 62nd among 67 counties and something has to be done with the funding formula, that is a misstatement. He noted he is surprised that the Brevard County School District continues to make that mistake; and he will do more to rebut that because it was not the result of the Florida Legislature, which is responsible for Brevard County being 38 among 67 counties. He stated Brevard County is about where it needs to be considering district cost differentials, districts with handicap kids that get more money, and districts that get more cost of living money. Representative Ball advised the Legislature increased the staff care to patient ratio in nursing homes to 2.3 hours per patient for the coming calendar year, 2.6 hours the year after that, and 2.9 hours thereafter; that change will cost $110 million; but they have made significant improvements in nursing home ratio of care. He stated a lot of lawyers will say when doing tort reform to limit punitive damages that it is non-sequitur; it is not why the insurance companies are leaving because they do not pay for punitive damages; but what the threat of punitive damages does is make nursing homes that think they can win a case fearful of going to court where punitive damages may be imposed so they settle out of court for compensatory damages, which the insurance companies do pay. He stated it is the threat of punitive damages that are costing a lot of money unfairly in out of court settlements that are forced on nursing homes. Representative Ball advised election reform did away with punch card ballots, starting in 2002; the biggest thing is who should be reimbursed; several of them worked diligently to defeat a movement to only reimburse counties that have punch card ballot machines because it did not seem fair; they wanted Brevard County to be reimbursed also; so the counties like Brevard County that already made upgrades will get $3,750 per precinct, which should be close to $600,000 for Brevard County. He stated from now on recounts will be done in the entire political district of the candidate; and a candidate cannot demand a recount in certain precincts. He stated if the margin of victory or loss is less than one half of one percent, there will be an automatic machine recount; they would run a test sample to make sure the machines are working; and if the margin is less than a quarter of one percent, in addition to the machine recount, they will do a manual recount of over votes and under votes. Representative Ball advised there will be a State uniform ballot design that will come out and will be machine specific to get rid of the butterfly ballot. He stated another concern was the military and overseas absentee ballots and what to do about the postmark; they are going to accept the date that attends the signature on the ballot regardless of a contradictory or absent postmark, so they do not have to get into what the postmark says, did the postmark get on the envelop by the guy on the ship whose co-lateral duty is the post office; and that will take care of the absentee ballot issue. Representative Ball advised they were happily surprised when crime went down 9.1%; that is the biggest reduction since 1971 when they began to keep records; and it went down again this year another 8%. He stated because they were under budget pressures and trying to find ways to cut expenses, his committee was able to cut $25 million from corrections officers they did not have to hire because the projected prison population increase did not materialize; and they do not have to build a prison, which saved a lot of money. He advised Brevard County will get another County judge and the 18th Judicial Circuit will get a circuit judge; he believes the circuit judge will come to Brevard County, but it is not official yet; however, the caseload supports that. Representative Ball stated the most troubling thing for him was the movement to try and send to counties juvenile assessment center funding and juvenile pretrial detention funding; adult who are arrested are handled at the county jail; but for 30 years the State has handled detention centers where juveniles who are rested go to. He noted there are arguments that say it should go to the counties; but to slough off what would amount to $85 million annually on the counties in a tight budget year was not justifiable; and he let the Governor's staff know that. He stated the Governor came to his office to talk about that issue; and he explained to the Governor that if it is going to be done, it should be in the context of Article V transition where the State takes hundreds of millions of dollars off counties, but right now is not appropriate. He stated they have not done anything with Article V; the deadline is 2004; he has not heard from the Governor again o that issue; and he is glad they won that funding. Representative Ball advised the biggest issue in growth management is the school concurrency issue and allowing development without making sure there is money for schools that will be needed; developers all said it is a great idea, but do not do it through impact fees because that is not fair, and do it through something more universally spread out like doc stamp transactions. He noted realtors said that is a bad idea; but the bill did not pass because there was disagreement on whether to include a provision the school boards that now have the ability on a simple majority vote to make a referendum on whether to raise a half-cent sales tax on capital outlay. He noted the provision would have said go from simple majority to super majority and do away with the referendum, but they could not reach agreement; however, that issue will be back. Representative Ball advised on environmental issues, they did not make the move Brevard County wanted, and took $75 million from P-2000 funds and sent them to the Everglades Restoration project; the P-2000 was $300 million a year for environmental land acquisition; that is now abolished and Florida Forever has taken its place; but they are I the final year of it and still have $200 million plus that have not been spent on deals that are trying to come together. He stated by the time they left session, there was still $120 million left. He stated the concern was deals that come together and cannot be funded because the funds were spent on the Everglades; but they decided to go into Florida Forever funds so counties will not lose any projects that are pending although it may have less money. Representative Ball advised they thought it was a good compromise in a tight budget year; they hope not to make that a recurring issue; it is not the answer the Board wants, but the information brings it up to date. He inquired if the Board had any questions.

Chairman Carlson stated Representative Ball gave a great overview of everything that happened in Tallahassee this year.

Commissioner Scarborough advised SERPL was funded again for $16 million; it is critical for bringing the State university system as an integral part of research at Kennedy Space Center; and it happened because Brevard County Legislative Delegation was active in making it happen.

Representative Ball stated $16 million added to the $14 million of last year is a huge accomplishment; not many projects get that; they had to make people understand that Space is important to Florida; and they did that. He noted they got Lt. Governor Brogan appointed the head of it, and got $30 million which is a major coup. Chairman Carlson inquired if that funding was in jeopardy; with Representative Ball responding it was never really in doubt.

Chairman Carlson advised the entire Delegation did a great job; the freshmen delegates were shown stellar performances by Representative Ball and Senator Posey and something for them to shoot for; and the Board appreciates all their hard work. She stated she feels better about the P-2000 issue, but not a whole lot; when she and Commissioner Higgs were in Tallahassee on the P-2000 issue, the Governor talked about putting language in the bonding portion of the Florida Forever Program so they would not have this issue when Florida Forever sunsets; it was brought up by one of the Cabinet members; and she was happy for that. She thanked the Delegation, Guy Spearman, and Carol Laymance who all did a great job.

Legislative Consultant Guy Spearman advised the Delegation worked well together; and Allison Painter, who works with him in Tallahassee, is in the audience.

Assistant County Manager Peggy Busacca advised the sunset date of December, 2000 for the Merritt Island Redevelopment Agency was revoked.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt an Ordinance of the Board of County Commissioners of Brevard County, Florida, amending Ordinance No. 98-31 relating to the Port St. John Dependent Special District; amending the sunset provision to continue the existence of the Port St. John Dependent Special District; providing for the reinstatement of Ordinance No. 96-30 relating to the Port St. John Dependent Special District; providing for severability and an effective date, as amended to be consistent with the Merritt Island Redevelopment Agency, with no sunset provision. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE 00-36, BUILDING
PERMITS ON UNPAVED ROADS

Chairman Carlson called for the public hearing to consider an ordinance amending Ordinance No. 00-36 relating to issuance of building permits on property abutting unpaved roads.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to adopt an Ordinance of Brevard County, Florida, amending previous Ordinance 00-36 which created provisions for the issuance of building permits on private roads, unpaved roads, ingress, egress easements and flag stem/flag lots to public roads; providing waivers and appeals; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for consistency of terms; and providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ADMINISTRATIVE REZONING RECOMMENDATIONS OF NORTH
MERRITT ISLAND SPECIAL DISTRICT BOARD MEETING OF MAY 10, 2001

Chairman Carlson called for the public hearing to consider the recommendations of the North Merritt Island Dependent Special District Board, made at its meeting on May 10, 2001, on administrative rezoning as follows:

Item 3. Section 11, Township 24, Range 36, Parcel 255 owned by Charles S. (III) and Suzanne K. Vogt, Parcel 289 owned by Gareth A. and Fanny Carmen Matthews, Parcel 290 owned by Glen and Tammy L. Dollar, Parcel 291 owned by Henry U. and Ada E. Parrish, Parcel 292 owned by Michael L. and Clinita S. Lynch, and Parcel 293 owned by Coy A. and Linda A. Koontz, from PIP to AU, which was recommended for approval by the Merritt Island Dependent Special District Board.

Chairman Carlson advised Glen Dollar filled out a speaker card, but no response was heard from Mr. Dollar.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Higgs, to approve Item 3 as recommended by the Merritt Island Dependent Special District Board. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN PORT ST. JOHN, UNIT 4 - JOHN AND LYNN WALLER

Chairman Carlson called for the public hearing to consider a resolution vacating public utility and drainage easement in Port St. John, Unit 4, as petitioned by John and Lynn Waller.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution vacating public utility and drainage easement in Port St. John, Unit 4, as petitioned by John and Lynn Waller. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING CITIZEN BUDGET REVIEW COMMITTEE

Commissioner Scarborough advised the Board has not achieved what it thought it would achieve from the Citizen Budget Review Committee; and it may be a failure on the Board's part in not summarizing the duties of the Committee. He stated many times the Board received reports in the final moments which did not allow any degree of creativity or opportunity to do any visioning; and the question may be with the mission of the committee. He stated the libraries have Friends of the Library and Library Boards challenging the Board to improve things; different groups have citizen user groups; but somehow the role of the Budget Review Committee was not defined and it should be defined to a better extent if they are to achieve what the Board wants them to achieve; because they have given their valuable time to it.

Chairman Carlson advised the Board has an Internal Auditing Committee; and it may ant to postpone or consider disbanding the Budget Review Committee until it sees what can come out of the Internal Auditing Committee to determine if that may be of more use. Commissioner Scarborough stated he would like to challenge the Budget Review Committee to somehow examine the role it can play to help the County. He stated taking everything and trying to answer everything at once may not be the proper approach; if they were more selective in deciding how and when; and it could provide input to the Board in the Spring when it can work with the County Manager in examining some of the issues of concerns. He stated he is not ready to abandon the Committee and should allow them to discuss it. Commissioner Higgs stated it will not enhance the Committee by allowing alternates to serve in place of the regular appointed members; the budget is not a simple process; and rotating people in and out is not going to make it more effective. She stated it may make a quorum, but it does not make for an effective committee. She stated she does not have strong feelings about the size of the Committee, but has strong feelings about alternates sitting in place of regular members; and the Board should not move forward with that recommendation.

Commissioner Colon advised the Board should not do away with the Committee because it is important to get feedback from them regarding how closely they want to work with staff and exactly what it is the Board is trying to accomplish. She stated having a Citizen Budget Review Committee is a positive thing if the Board can help them and give them some direction, and they in turn give the Board feedback.

Commissioner O'Brien stated the Board has the Auditing Committee; one goal that could be added to its list is to review taxing and spending habits of agencies or Departments, and look at what the mission is and how they are accomplishing the task for the dollars spent. He stated oversight is what the Audit Committee should be doing; and with that the Citizen Budget Review Committee can be disbanded; and that is the best way to go about it. He stated the Audit Committee will look at the operations, and if they are complying with the laws and things they were told to do to correct their problems.

County Manager Tom Jenkins advised performance auditing is part of the new auditing process; in addition to confirming compliance with laws, procedures, and policies, the other component is performance auditing, which is evaluation or assessment of productivity, efficiency, effectiveness, etc. He stated performance audit is looking at the outcomes, what are the costs, what are the benefits, is it a good investment, and is it being managed effectively.

Commissioner O'Brien stated the Citizen Budget Review Committee, although it meant well, takes up staff's time; it becomes a costly process because employees have to be there and go over stuff for hours at a time, be courteous, and take them on tours of offices; so it can be a costly process and less productive for employees, whereas with Mr. Jenkins' suggestion, the questions will be answered.

Chairman Carlson advised the problem with the Committee is getting enough members to come to meetings on a consistent basis and be able to make sense of the budget; there have been some members who attended every meeting; and it is not fair to them because they are interested and the rest are not. She stated she lost appointees she put on the Committee who she thought would be good appointees because it is too much to ask citizens to digest the entire budget and come back with something that will help the Board so it can make better decisions. She stated she likes the idea of being more specific in terms of tasks; maybe that is where it should go from a citizens' perspective, because some of the members are interested in the budget and in making government more efficient. She suggested staff discuss that and see what they can come up with and get with some of the members who are interested in the budget process and see if there is another way to go about it. Chairman Carlson stated she agrees it is a huge use of staff time; she was in the preliminary budget briefing for three hours yesterday and is still trying to recover; and she is immersed in it all the time. She noted those folks who try to do a good job on the budget do not have a chance if they do not have continuous attendance by the voting members; alternates would have to come to every session to provide good input; and it is very complex and a lot to ask of a volunteer.

Commissioner O'Brien recommended the item be tabled or made a new Agenda Item for August or September saying the Board wants to do away with the Committee and give the public sufficient time to come back with comments of why they think the committee is worth it or not worth it. He stated the Board can then decide whether to disband the Committee or keep it.

Commissioner Scarborough stated he wants to make sure the members who serve are asked to comment and provide suggestions; with Commissioner O'Brien responding that is why it should be tabled until September to give them time to think about it.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to table resolution revising the Citizen Budget Review Committee until September 11, 2001, to allow public comment on whether the Board should disband or continue the Committee. Motion carried and ordered; Commissioner Colon voted nay.

STAFF REPORT, RE: AMNESTY PROGRAM FOR OUTSTANDING CODE ENFORCEMENT
LIENS AND FINES

Code Enforcement Manager Bobby Bowen advised the proposed amnesty period should result in removal of liens, especially on homesteaded property that the County is precluded from foreclosing on; and it may result in removal of Code violations. He stated staff is suggesting first time violators be given a 50% reduction in fines during the amnesty period; repeat offenders be given a set percentage reduction; and hopefully it will bring closure to about 212 cases that staff is having a difficult time dealing with because of restrictions on foreclosing on homesteaded properties. He stated if the Board passes the administrative action to direct Code Enforcement to move forward with an amnesty period, Code Enforcement would need 30 working days to put together all the cases and mail out notices to property owners affected.

Commissioner Colon stated she wants feedback from staff on the pros and cons of doing the amnesty. Mr. Bowen advised the positive side would bring closure on some liens the County is precluded from foreclosing by State Constitution; and hopefully it will generate revenue for the County and bring closure to Code violations that are active. He noted there are respondents before and after the amnesty program who may criticize it because they did not have the opportunity to participate and paid their fines or were left out after the program is terminated.

Commissioner O'Brien inquired what is staff's recommendation; with Mr. Bowen responding it is an excellent idea; they have a lot of cases they cannot do anything with that are in a state of limbo; and this will give individuals an opportunity to bring properties into compliance by providing an incentive to do that. He noted the positives outweigh the negatives.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to authorize staff to proceed with an amnesty program for outstanding Code Enforcement liens and fines as a means of encouraging large fine holders to bring properties into compliance through a standard method that may be handled administratively.

Commissioner Higgs advised the program will give an opportunity to bring properties into compliance and get revenues not otherwise available, and not have a lot of properties going to the special master. She stated there may be some people who do not meet the window and may be critical of the program, but it would be worth a try to see if it works. Commissioner Higgs requested staff provide specifics on exactly how the program would be implemented to the Commissioners and terms of the actual reduction period. She stated there may be some legal issues because the Board may be the only one that can reduce fines; so it needs to be sure they are handled correctly.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to amend the motion to include direction to staff to provide specifics on how they will implement the amnesty program and the terms of reduction period, and period of time to get into compliance.

Chairman Carlson called for a vote on the motion as amended. Motion carried and ordered; Commissioner Colon voted nay.

APPROVAL, RE: USE OF LOT 1 AS PART OF SUBDIVISION RECREATIONAL TRACT
IN SAWGRASS SUBDIVISION, PHASE II

Chairman Carlson advised this is the original Sawgrass, Phase II, which is almost built out and they want to have one lot for recreation.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve the use of Lot 1 as part of Sawgrass Subdivision, Phase II recreational tract. Motion carried and ordered unanimously.

LETTER OF INTENT FOR DEVEREUX FLORIDA, RE: USE OF COUNTRY ACRES
ANNEX BUILDING

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize staff to submit a letter of intent to Devereux Florida regarding possible use of available space at the Annex Building on Country Acres Campus indicating an interest and willingness to discuss the use of the facility to benefit the residents of Country Acres, if Devereux is successful in obtaining a grant.

Commissioner Scarborough stated the location is being used by PAL, and this would require its relocation. Assistant County Manager Don Lusk advised this location is currently unused; and they are two wings on the north side that are currently being used for storage and not for PAL. Commissioner Scarborough inquired if this is a commitment at this time; with Mr. Lusk responding no. Commissioner Scarborough stated Liz with my staff sits on the Country Acres Advisory Board; she put together a memo of concerns that came forward; compatibility was one, shifting usage from Brevard children to Orange County children, and PAL; however, if this is not committing the Board, that is fine; but he would like to pursue it further with Mr. Lusk to have a more extensive report.

Chairman Carlson expressed concern about the potential impact on the Country Acres facility. Commissioner O'Brien expressed concern about intermingling children in foster care with children who may have a chemical or mental problem, because those are the kinds of problems Devereux deals with. He stated a child in foster care is already traumatized and may feel abused by the system.

Mr. Lusk advised those are good thoughts and thoughts staff had regarding the approach from Devereux. He stated staff is willing to listen to their pitch; there are two wings in the old detention center that are not being used at Country Acres; and if they can find something that is compatible and will work for the children the County is in charge of and those Devereux may be placing there, it is a revenue opportunity and other things that may ultimately benefit all the children there. He noted staff will send a letter saying they are willing to sit down and look at it if Devereux is successful in getting the grant; but if it does not work for Brevard's children, they will not do it.

Commissioner Scarborough inquired if the Advisory Board will review it; with Mr. Lusk responding yes. Commissioner Scarborough stated there are things that are not consistent with the comments in Liz's memo; and he needs to discuss those with Mr. Lusk.

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

The meeting recessed at 11:56 a.m., and reconvened at 1:01 p.m.

REPORT, RE: DECEMBER 11, 2001 MEETING TIME

Chairman Carlson advised there is a problem with the December 11, 2001 night meeting; there is a conflict with the School Board's meeting; there was a suggestion to put it on December 18, 2001 for the evening; and instructed staff to check the calendars of Commissioners.

DISCUSSION WITH CITY OF TITUSVILLE, RE: WATER SUPPLY COORDINATION

Richard Martens, Water Resources Director, advised the City of Titusville is investigating a future water supply in the far northwest corner of Brevard County; and they anticipate that although that will satisfy their long-term needs, there will be a delay in fully developing that supply. He stated Brevard County operates a wellfield north of Titusville and south of the proposed future wellfield; in addition, it contractually created a future wellfield for the North Brevard Water System; the City has entertained the concept of some cooperative agreement with the County whereby a partnership could be mutually beneficial; and the letter staff received from Mayor Swank last month was a request to initiate discussions to explore options that they could pursue jointly in developing water resources in the north end of the County. He stated this request is formal acknowledgment of that letter and authorization for he and Commissioner Scarborough to begin those discussions with the City.

Commissioner Higgs stated it is a wonderful opportunity to work in partnership with the City; but the County needs to ensure it is a relationship that is in the best interest of those in the unincorporated area. She stated the County can be cooperative, but it needs to be of a mind to protect the interest of the County. She noted there are suppliers in Brevard County who exert their interests; and the Board should not give away the County's interest.

Commissioner Scarborough stated the City of Titusville is unique because there is a fault along the St. Johns River and there is no flow of water from the central part of the State; it draws totally from the recharging of sand hills; and it is currently under contract with the City of Cocoa to purchase a million gallons of water a day. He stated the County has an agreement with the developers of Walkabout to use the sewer plant and wastewater for the golf course and allow the County to develop some wells; they have a right to sell the City some water; but the City wants to go beyond Walkabout and create a wellfield, which would be a short-term solution for the City. He stated Titusville has historically used water as a means of annexation; it is not going to provide water unless it wants to annex; residential properties are not advantageous to service; and it would like to have industrial and commercial properties for millions of dollars in revenue and very little service. Commissioner Scarborough stated he does not see a tremendous amount of growth in Titusville, but if Walkabout is successful, and there is a great possibility that it will be, Titusville can meet its needs by going to Walkabout. He stated if Walkabout is successful and spurs additional development up there, all of a sudden the County will be growing as opposed to the City. He stated the City is not motivated to move further north because it does not have a demand; it is essentially built out, is happy with its tax base, and does not want to assume responsibilities without acquiring additional tax base. He noted on the other hand, the County is developing; and may come in with short-term absorption of water from Walkabout that may preclude the County from meeting its future needs; and therein lies some of the dilemma. He stated the County needs a long-term working arrangement with Titusville; the County just made improvements to its water plant a few years ago; Titusville's water plant, built in the 1960's is running about half the capacity; and there are all kinds of infrastructure that could be overlapping; so it would be fruitful to get into discussions with the City. Commissioner Higgs stated it would be fruitful, but she wants to make sure the County's interest is protected. She stated with water nothing is simple; and it is a very complicated scenario.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize Commissioner Scarborough and Water Resources Director Richard Martens to meet with representatives of the City of Titusville to discuss opportunities for mutually beneficial water supply coordination in North Brevard. Motion carried and ordered unanimously.

ACCEPT FINDINGS OF PROTEST COMMITTEE, RE: PROPOSAL #P-1-01-18,
VOLUNTEER LONG-TERM DISABILITY INSURANCE

Commissioner Scarborough advised Human Resources Director Frank Abbate is recommending the Board include Standard Insurance's proposal in the selection process.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to accept the recommendation of the Human Resources Director to include Standard Insurance's proposal in the selection process due to the program and cost benefits that employees could derive.

Commissioner Higgs inquired what is Purchasing's recommendation; with Assistant County Manager Stockton Whitten responding Purchasing deemed the proposal non-responsive; it went to the Protest Committee; and the Protest Committee forwarded it to the Board because it does not have the power to waive technical requirements. Commissioner Higgs inquired if the Committee voted four to one in favor of letting them go forward; with Mr. Whitten responding the Committee voted four to one to uphold the non-responsive aspect.

County Manager Tom Jenkins advised the Protest Committee is not empowered to waive procedures; only the Board can do that; so the Committee confirmed the analysis of the Purchasing Office that they were acting appropriately in doing what they did. He stated the other issue is being brought to the Board for consideration because Human Resources Office was concerned that Standard Insurance would not be able to compete for the business and it would impact employees. He stated Purchasing's recommendation is that it does not comply with the specifications.

Commissioner Scarborough advised the Board has the authority to waive technical requirements; and Mr. Abbate stated it is to the advantage of the employees to have the opportunity of something they can opt into.

Human Resources Director Frank Abbate advised the program would be paid by employees who participate and no Board contributions; his Office is trying to bring the best program on board and offer it as an optional benefit to employees; and it can be viewed as a technical issue that they did not comply with the opportunity to provide the additional program in front of the Insurance Committee for it to analyze to determine which programs would be the best for the employees. He stated that is the primary reason for his recommendation to waive the technical requirement.

Commissioner Higgs recommended upholding the procedures in Purchasing; the Protest Committee, in reviewing it, believed they did not have the power to waive the technical requirements; however, the bid was non-responsive and upholding that determination is where the Board should go. Commissioner Scarborough stated in this case it is something that is offered to employees; and if the employees are denied it because of a technicality, the Board would serve no one.

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

ACCEPT FINDINGS OF PROTEST COMMITTEE, RE: PROPOSAL #P-1-01-19,
VOLUNTEER DENTAL INSURANCE

Human Resources Director Frank Abbate advised this is an identical scenario where Delta Dental Insurance was deemed non-responsive for failing to provide the proposer acknowledgment form.

County Manager Tom Jenkins advised in the future staff will bring those forms to their attention.

Commissioner Scarborough stated if two companies are doing it, it may not be their fault; Delta is very important in providing dental coverage for employees; and to drop it may jeopardize the quality of service they are obtaining now.

Ken MacDougall, Vice President of Sales with CompBenefits, advised CompBenefits is the current carrier for the Vision Plan; they also submitted a quote on the Dental Program; and they have a concern with the integrity of the RFP process. He stated they feel bad for Delta Dental; they have been in a similar position before; the County has always been fair to them; but this is an issue of fairness and keeping the integrity of the RFP process. He stated they believe it is in the best interest of the RFP process not to allow bids in on a technicality basis; when they missed the deadline that was their tough luck; and that is part of the integrity of the process and should be upheld.

Commissioner Scarborough stated if the Board does not want to proceed, rather than dropping Delta which would diminish the capacity of the County to provide dental coverage and hurt employees directly, he would prefer to see it rebid. Mr. Jenkins stated that is an alternative, but there is a cost for rebidding which gives some justification to proceed as the Board did on the last item.

Commissioner Higgs stated the integrity of the bid process is important; the bidder failed to meet part of the requirements, thus making the bid non-responsive; and the Board should not change that policy.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to accept the recommendation of the Human Resources Director and include Delta Dental's proposal in the selection process due to the program and cost benefits that employees could derive. Motion carried and ordered; Commissioner Higgs voted nay.

AWARD OF PROPOSAL #P-1-01-22, AND APPOINT NEGOTIATING COMMITTEE, RE:
REDISTRICTING CONSULTANT

County Manager Tom Jenkins inquired if the Board needs to identify what parts of the scope of services it would like to have; with Assistant County Manager Peggy Busacca responding the proposal was written in such a way that the Board can choose any or all six services; Kurt Spitzer & Associates, which is the recommended consultant, did not break out the costs totally; the three costs that were broken out were mapping, data shaping and analysis at estimate cost of $28,000, project management, committee meetings, coordination with County officials and preparation of final report at $27,500, and legal advice and review at $3,500, for a total estimated cost of $49,000. She stated if the Board's intent is to have the consultant complete all six services, it would cost about $49,000; and at one time the Board felt it had a maximum amount of money to spend on the effort.

Mr. Jenkins advised that amount is considerably less than anticipated; so the Board may want to proceed with the full scope as offered.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to award Proposal #P-1-01-22, Redistricting Consultant Services, to Kurt Spitzer & Associates; appoint County Attorney or designee, County Manager or designee, and Assistant Public Works Director to negotiate a contract with the selected firm for the full scope of services; and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

DISCUSSION, RE: SPECIAL TRAFFIC UNIT PILOT PROJECT WITH SHERIFF'S
OFFICE

Commissioner Higgs advised the issue evolved out of discussions with Mr. Smith on traffic conditions and problems on South A1A; Ms. Barker or Mr. Smith will speak to the issue regarding funding; and it is proposed that the Board support the Sheriff's Office for overtime to do the traffic enforcement, which will contribute to safety on County roads.

Sheriff's Finance Director Debbie Barker advised the cost is approximately $35,000 over a 12-month period; and for the remainder of this fiscal year, they need about $15,000 to provide $10,000 for overtime and $5,000 to purchase two radar detectors. She stated the Sheriff's Office will offer to absorb the cost for the balance of this fiscal year from the Florida State Retirement savings; but she would recommend $16,000, as Mr. Smith may need $6,000 for the radar detectors.

Mr. Smith advised he would need $6,000 to purchase two radar detectors and put them in cars so there will be more people with the ability to enforce traffic violations. Commissioner Higgs inquired if current deputies on overtime will strictly be doing traffic enforcement, and if the Sheriff's Office will provide a quarterly report to the Aboard on the results of those efforts; with Mr. Smith responding yes. He stated they will schedule the roads selected to be targeted for enforcement at times they feel will get more bang for the buck and people who will work it will be on overtime status so their efforts will not be directed to other problems, barring any catastrophic event.

Chairman Carlson inquired about other roads being targeted; with Mr. Smith responding he has in mind South Tropical Trail, Wickham Road, and Grissom Parkway. Chairman Carlson inquired how long will the pilot program last once the 1,000 hours are gone; with Mr. Smith responding $10,000 will get them through September 30, 2001. Commissioner Higgs noted the Board will have to determine in the budget process how it will do it for the next fiscal year. Mr. Smith advised he would like to discuss with each Commissioner to identify roads they feel need attention. He stated it is a limited program, but it is over and above what they are able to do now; and hopefully by directing it to particular roads, they can have a positive impact on the crash history and driver behavior. Chairman Carlson inquired if Mr. Smith will have data to show the Board the outcome before it makes a decision for next year; with Mr. Smith responding he will tell the Board how much they spent and how many tickets they wrote.

Ms. Barker advised if the Board is interested in the recommendation, it could save bookkeeping on a budget adjustment by authorizing her to take $6,000 allowable compensation wages and move it into capital to purchase the two radar detectors.

Motion by Commissioner Higgs, seconded for discussion by Commissioner Colon, to authorize a pilot project with the Sheriff's Office Special Traffic Unit to increase enforcement and decrease fatalities and injuries Countywide; and approve a budget amendment for the Sheriff's Office of $16,000 from the Florida State Retirement System savings to fund the project for the remainder of this fiscal year.

Commissioner Colon inquired if the Board will be adding $35,000 in October to fund the following year, or is it just dealing with this year; with County Manager Tom Jenkins responding the action deals only with the rest of this fiscal year; and the Board would have to appropriate it for next year when it goes through the budget process. Commissioner Colon advised certain officers who have been with the Department for a long time are paid more than newer officers; and inquired if Mr. Smith will be careful in scheduling overtime so the money is not depleted before the end of the fiscal year; with Mr. Smith responding one person would not be able to claim it all; it will be spread over the salary ranges; some newer and some older officers will be doing it; but the main thing he will look for is people proficient in traffic enforcement and who have the availability of a radar to get the most benefit out of their time.

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

PERSONAL APPEARANCES - BRYAN ROYEA AND CHARLES McCLELAND,
RE: RESOLUTION NO. 99-286, TOWING RATES

Bryan Royea advised they have been working since November, 2000, on Resolution 99-286; and they have met with Bobby Bowen, and think they have come to a final adjustment for the entire County. He stated Brevard County has 53 wrecker companies; each city has different charges; in Palm Bay it is $75 per tow, and in other cities it is $100; and they are trying to get the County to adopt a particular rate schedule for all the cities to follow. He noted they found some problems with the Resolution and misled wording; people think airbags are like those in their cars and are concerned about why they charge so much; but the airbag machine they use has several lines running off an air compressor on the side of a tow truck that inflates the vehicle and lifts it off the ground; and the gasoline, man-hours, and hauling can cost a lot. He stated Chuck McCleland, who owns a towing company, will go over the Resolution and tell the Board exactly what needs to be changed.

Charles McCleland advised they spent a lot of time on the Resolution, met with the Highway Patrol, Bobby Bowen, and many of the 53 wrecker companies to keep them apprised of the changes they are trying to make; and one of the main issues is the cost of doing the paperwork required by Fs 713.78. He stated they have to send certified letters within seven business days to the owner, insurance company, and lien holder; the cost of doing that paperwork, placing an ad in the Florida TODAY Newspaper, and researching who the owner and insurance companies are cost about $70 to $80 per vehicle; and that is on top of the towing or disposing of the vehicle. He stated they are trying to increase the administrative cost to $65, which will help cover some of the cost, but not all of it; and as of July 1, 2001, the certified letters went up from $3.74 to $3.94 per letter. Mr. McCleland advised when they came before the Board the last time, items were discussed in the hallway and did not get into the Resolution, such as inside storage of vehicles which has always been an additional charge; so they have included that in the resolution. He stated after-hours access for people to get their personal belongings is also allowed by Florida Statutes but not by the County's Resolution; and the Resolution does not include charges for multiple wreckers when they have to call for additional equipment to handle a difficult rollover; and that has been added to pay for the additional equipment. He stated negotiable for Class D wreckers should not be in the resolution; he does not have a Class D wrecker and do not think anyone in Brevard County has one; and a more reputable way to put the pricing for that rather than negotiable should be added. He stated they added a fuel surcharge with a formula of so much per mile as gas prices increase; and his uniform company charges him a fuel surcharge to deliver the uniforms.

Commissioner Colon inquired how much of the administrative fee was recommended; with Mr. McCleland responding it is currently $30 and they are asking for $65 even though it cost them about $80 per vehicle to process all the paperwork and send out certified letters. Commissioner Colon stated if the letter costs $3.94 why is the request for a $35 increase; with Mr. McCleland responding the charge would not go on until they send out certified letters; the cost is $3.94 plus the research time and legal ad which costs more than $30 per vehicle. Commissioner Colon stated if the Board passes a resolution, it does not mean the municipalities are going to follow it; the Board cannot force the cities to adopt anything; and it can only recommend they consider it. Mr. McCleland stated Florida Statutes say if the municipality does not pass its own wrecker rate, it has to use the County rate. He stated they met with Palm Bay and are trying to get it to accept the County's rates; but the wheels are moving slow in Palm Bay. Commissioner Colon stated she hopes they wheels move slowly in the County also because they need to do more research and be careful of approving anything regarding wreckers. She stated she wants to compare apples to apples and do research which she directed the Code Enforcement Office to do as to what each municipality charges and to focus on that. She stated the Board's purpose is to protect the taxpayers; one problem she is having with constituents is the towing industry does not have a good reputation; but they are getting a lot of phone calls complaining about companies that are not doing what they should be doing; so she hopes the Board works slowly in this regard. Mr. McCleland stated his business is totally legal; he stays within all the guidelines and does not overcharge; and there has not been investigations of his charges. He stated the Florida Highway Patrol had the same type of complaints and has taken action against wrecker companies for overcharging; they are also taxpayers; and they are trying to make a living and pay for the expensive trucks.

Chairman Carlson inquired if the Board wants to discuss the issue with Mr. Bowen; with Commissioner Scarborough responding Commissioner Colon has asked for a report from Code Enforcement; so the Board should wait until that information comes back on what other people are charging and how they are applied in other counties and municipalities. Chairman Carlson advised Messrs. Royea and McCleland that the item will be back before the Board when they collect the information.

PERSONAL APPEARANCES - RICHARD AND LURLEEN WALL, RE: SIGNS

Lurleen Wall, owner of property at 5660 North U.S. 1, Cocoa, advised the property is midway between Cocoa and Titusville, east of U.S. 1, which is a 55 m.p.h. highway and is zoned BU-2; it has been a family business since 1969, which is 30 plus years; they have a garage, auto repair, gasoline and propane sales, convenience store with cigarettes, beer, food, staples, and so forth, Florida lottery, U-haul rental, Yukon Concrete, and outside storage; there are four family members who make their living from this site. She stated they have no walk-in business; advertising with signs makes their business; on June 13, 2001, she received a seven-page certified letter from Code Enforcement notifying her of a violation of all signs; and an inspection was done on June 6, 2001 without any acknowledgment to anyone working there. She stated she understands the Code was passed in 1990; she was not aware of any violations until the shock by mail; the correspondence gave her nine days to comply; and the Code only applies to businesses in the unincorporated areas of Brevard County. Ms. Wall stated not all businesses have been notified or inspected; therefore, there is no common date to comply; and inquired if this is a divide and conquer issue. She advised they have contracts that involve advertising; advertising is not free; in 2000, she paid $5,740 in taxes; and inquired what is free. She stated since there is no section in the Code that addresses their advertising needs, she would like some ruling from the Board in the form of exemption, grandfathered in, special ruling, or something to relieve their hardship.

Richard Wall, son of Lurleen Wall, advised the business has about a 1,000 square-foot building; they have done a lot of work scrutinizing the integrity of the building, removing windows to keep thieves out, and installing a permanent security trailer to maintain that attitude; and over all this time they were under the assumption they were legal until his mother received the letter. He stated the law that is commanding them to take down their portable signs is unrealistic, damaging to commerce, discriminatory, intrusive, unnecessary, schizophrenic, and results in a conflict of interest. He stated the majority of businesses advertise certain goods and services, contests, and giveaways with portable banner signs similar to the one he brought from the Florida lottery; advertising has been a staple of business for years and years; and the law limits the ability to advertise situations that arise in a normal business function. He stated the inability to do that type of advertising will damage current business and stifle growth; the law is highly discriminatory because it allows businesses on the same roads and in close proximity to use that form of advertising while others are not able; and the general public will not understand why one can advertise certain goods and the other cannot. He stated County and City properties serpentine through Clearlake Road; and some businesses could be across the street from others that are unable to use those kinds of signs, which would put those businesses at a disadvantage. Mr. Wall advised their business collects $1,800 a day in taxes for various government agencies; they must advertise their goods and services to maintain those numbers; and not to allow part of the ad scheme would jeopardize their livelihood. He stated they must have freedom to create business; all parties will benefit from the activity; and the reason they have been able to collect all those monies for government is the freedom they enjoyed for the last 32 years, including the last 11 years while the law was not enforced. He stated if they could exist for the last 11 years and the County did well, that shows the law is unnecessary; and inquired if the law is designed to keep clutter off roadways, why are garage sale signs exempt. He stated those signs are made of cardboard, scraps of wood, and even sheets written on with magic markers and are almost always put on someone else's property; their road signs are manufactured by a multi-national, multi-billion dollar enterprise and are expensive; but they allow small businesses like theirs to look professional. He advised they pay nearly $6,000 a year in taxes for the right to have highway access; this law is schizophrenic; the results of it can be considered a conflict of interest; and if the law is maintained by the Board, he hopes no Commissioner has business dealings outside of incorporated Brevard County. Mr. Wall stated they need to maintain the freedom of that signage style; they are a small business and cannot afford a permanent street sign that costs between $10,000 and $20,000; and typically those signs are three to four words across three to four lines and does not offer enough room to advertise their goods and services. He stated they have repaired cars and trucks for 32 years on the property; they sell gasoline, diesel, propane, tires, batteries, accessories, concrete and antique items; they store vehicles and rent U-haul trucks and trailers, sell lottery tickets, and run a full convenience store; they have had contracts with four tobacco companies for 18 years that pay them about $800 a month; and part of the contracts' criteria is outside advertising. He stated they have sold Florida lottery tickets since its inception; in the first five years they collected nearly $500,000 for education enhancement fund; and their sales representative for the lottery said currently $296 million have been donated to Brevard County from the education enhancement fund. He stated Florida lottery considers the signs typical; and it also has stand- up wind signs and various other kinds of signs. Mr. Wall advised there are six families supported by the businesses that operate legally on the property; they need to advertise to run their business; and requested the Board disallow the law and operate like it has for the last 11 years, grant them an exemption with the promise of non-proliferation of portable signs, or table the action until all the other businesses in the unincorporated area of Brevard County have been heard.

Chairman Carlson requested staff give the Board an update of the property and status of signage on it.

Development Engineer Bruce Moia presented photos to the Board; and stated enforcement of the sign program, especially for temporary signs, starts in one area and works throughout the County; within the time they were in the area of the subject property, they cited approximately 34 businesses between Canaveral Groves Boulevard and Fay Boulevard on U.S. 1, up to Grissom Parkway, and on Grissom Parkway, from Fay Boulevard to approximately Curtis Street; so they did not single out the Walls' business. He stated there were 11 illegal signs on the property in question, most of them temporary in nature; the Code specifies that all nonconforming temporary signs were to be removed when the Ordinance was passed in 1991; to get 10,000 businesses to comply with the Ordinance all at once is unrealistic; and it is like painting the Golden Gate Bridge, starting at one end and as they leave that area it starts to rust, so when they get to the other end, they have to start over again. He stated it is a long process; staff hits the areas they can; and that is how the program basically works.

Commissioner Scarborough stated the Board's option would be to repeal the Ordinance because once the Board passes an ordinance, it is basically asking staff to enforce it; and inquired if a Commissioner wants to readdress the Sign Ordinance to remove that provision. He stated if the request is granted, the Board would have to change the Ordinance and say it is okay for everybody; and he does not think that is where the community wants to be.

Chairman Carlson advised at previous meetings on signs, the input from the community indicated they want to see those types of things cleaned up; since there are 11 signs that are either illegal or should have been permitted, it seems the property owners should come in and work with staff to bring it into compliance for however long it takes; but she cannot go with changing the Sign Ordinance that is going to work for the entire community.

The Board took not action to grant the request of Richard and Lurleen Wall.

RESOLUTION, RE: CALLING FOR SPECIAL ELECTION ON CHARTER AMENDMENTS

Barbara Jagrowski advised eight members of the Charter Review Commission sponsored those amendments; however, the By-laws require a super majority of the 15-member Commission for anything to go on the ballot; so she does not know how the amendments go this far. She stated Amendment No. 32 creates a citizens bill of rights; it consists of four pages that they want to put in the Charter; and she was not aware that the citizens of Brevard County were so abused that they needed four pages of stuff that she thought was already available. She stated Amendment No. 37 limits government lands to 45%; the estimate right now is over 55% of the County is owned by government; however, very little is owned by Brevard County. She inquired what is the County going to sell off, what will happen to the lands already purchased by the EELS referendum passed in 1990 by the voters, and what will happen to the parks and recreational facilities approved by the voters in 2000. She stated the County will not be able to build more parks and in fact would have to sell off parks, which will upset the parents who have been supporting more ball fields. Ms. Jagrowski inquired if the Board will ask the federal government to close Kennedy Space Center or Patrick Air Force Base, who will want to move to Brevard County when there will be no more schools built or parks and libraries, and will the County start selling those facilities. She stated businesses will start leaving; and the quality of life will diminish. She stated Amendment No. 37 will diminish property values mentioned in Amendment No. 38; and inquired who will they sue because property values diminish with Amendment No. 37. She stated she realizes it is not the Board's doing and that the courts, in its wisdom said it has to go on the ballot; and begged the Board to educate its constituents on the foolishness of all those amendments, defeat them, and let that be the end of the Home Charter Review Committee.

Chairman Carlson requested the County Attorney explain how the court looks at this issue and did it bring into discussion the illegal action that occurred through the eight-member Charter Review Commission group.

County Attorney Scott Knox advised the Fifth District Court of Appeal decided the Charter Review Committee comprised of eight members without the other seven present was able to successfully amend its by-laws so they could pass any Charter amendment they proposed by majority vote instead of two-thirds vote that was required before. He stated he tried to point out to the court that its finding on that point contradicted the trial court's finding, but it ignored the fact that the trial court's factual determinations were given deference, and decided to go this route. He stated the court ordered the Board to place the amendments on the ballot at the next available election, general, election or special election, whatever happens to be available. Mr. Knox advised he prepared the resolution without talking to Mr. Galey about the timing; and after hearing from Mr. Galey, the timing is such that they cannot put the amendments on the August ballot, so they will have to go on the November ballot.

Chairman Carlson inquired if there is a recourse; with Mr. Knox responding none. Chairman Carlson inquired if the Charter Review Commission (CRC) is still in existence, is there no way it can reconvene when it has a super majority and do the amendments effectively then come to the Board with the amendments; with Mr. Knox responding the court left that in a murky gray area; and what it said is that the CRC, even though there was no lawsuit pending at the time the judges did it, that once the lawsuit was filed subsequent to that, that somehow breathed new life into the old CRC, and it stays in effect pending the judicial process; so if the Board carries that to its literal conclusion, the case is over with now and the CRC does not exist anymore; but if it goes by what the judges made up, which is a new law that nobody ever held before, there is an argument to be made until the election takes place that the Board still has a CRC that could potentially come back into existence; but it is a very gray area. He stated no matter what, the Board's duty is to put those amendments on the ballot.

Commissioner Higgs stated the CRC, under the ruling of the court, still exists. Mr. Knox stated it existed pending the judicial process, but the court did not say what happens to it after the judicial process is concluded. Commissioner Higgs inquired if there is potential that they still exist; with Mr. Knox responding potentially they would, because in effect, the original CRC comprise of 15 members concluded its actions and activities before the new group of eight met; but the Fifth District Court said the new group of eight was perfectly entitled to meet as the CRC; so he does not see what would stop the Home Rule Charter Review Committee, which has not been disbanded yet because the election has not taken place, from coming back into existence. Commissioner Higgs stated if the eight-member group is a legal group in the court's eyes, and the Charter Commission chose to meet again, it could do so; with Mr. Knox responding there is an argument that could be true.

Chairman Carlson inquired if the CRC could take action on the three amendments if they did meet; with Mr. Knox responding it would muddy the waters further if the CRC in its old format came back and reassembled and voted to do something different than they did the first time because the Board would then have an issue of whether or not anything should go on the ballot. He stated right now that is speculation; right now the Board is faced with the prospect of following the court order to put the amendments on the ballot; and that is what it has to do until something different occurs. Chairman Carlson inquired what could occur; with Mr. Knox responding the CRC getting back together and undoing the amendments. Chairman Carlson inquired if the CRC could call a meeting; with Mr. Knox responding theoretically it could, but whether or not it could legally, he does not know because the judges did not rule on that issue.

Commissioner Higgs inquired who called the meeting after the CRC sent the amendments to the Board; with Mr. Knox responding the Vice Chairman of the CRC. Commissioner Higgs inquired if Mr. Knox recalls how a committee meeting is called under the rules; with Mr. Knox responding the Chairman or Vice Chairman can call a meeting if he or she wrote a notice to all the members.

Chairman Carlson inquired if there is a window of time to get a ruling on whether the CRC exists or not and whether or not it could address the issues; with Mr. Knox responding there is no way for the Board to have any standing to see if the CRC exists, as it operates independent of the CRC, and the CRC presents its recommendations to the Board to put on the ballot. Chairman Carlson inquired if the CRC decided to meet and were challenged, what would that do to the court order that is currently in front of the Board, and will it still have to proceed; with Mr. Knox responding that would be left to the next judge. Chairman Carlson asked Mr. Galey to advise the Board of the cost estimate for the Charter Amendments referendum.

Supervisor of Elections Fred Galey advised the August election is out because it is inside the 45-day period when they have to mail ballots overseas to electors; and prior to that, he has to get polling place contracts and send out election call notices to all voters to say an election has been called any time it is called other than during the standard November elections. He stated November is city elections, so they have to mail those cards out also because they had not planned to open all the polling places, which would be required for a Charter amendment referendum. Chairman Carlson inquired how much would it cost; with Mr. Galey responding any time there is a Countywide election, the cost is close to $250,000. Commissioner Higgs inquired if it is half of that cost as a city election; with Mr. Galey responding there will be some of the cost for the city elections, but if there is a Countywide election, the cities tack on to it, which is different than a State called election, which they cannot tack on to because the State pays for it. He stated if the County is paying for it, under the current rules, and the cities pay the cost of the ballots and set ups, etc., they do not pay the cost of polling places like they would if they had their own elections; so it is an unusual situation and will be expensive if it is called.

Commissioner Colon advised it is something the Board has to do otherwise it will go against the court order; and inquired if the Board is going to give direction today to get ready for it. Mr. Knox stated he needs to bring back the resolution with an amended date for the November election, or the Board can adopt the resolution with a date change to November 6, 2001.

Commissioner Higgs inquired if the court ordered it be done at the first available general election or that the Board had to call an election; with Mr. Knox responding the court said put it on the first available election, either general or special; and read the following: "The trial court shall issue a mandatory injunction to the County Commission of Brevard County to either adopt some or all of the six proposed amendments or place those not adopted on the ballot in the next general election or in a special election, whichever shall first be possible." He stated the first election is a special election because there is no general election until 2002.

Commissioner O'Brien inquired who was the judge; with Mr. Knox responding there were two judges, Judge Close and Judge Sharpe. Commissioner O'Brien stated this is the first time he has seen the amendments; and inquired why were they not brought to the Board with the others that were put on the ballot; with Commissioner Higgs responding the Board put on the ballot the amendments passed under the rules of the CRC; and those were not passed under the rules. Commissioner O'Brien stated he thought the amendments put on the ballot were passed by the group of eight; with Chairman Carlson responding no, it was under the super majority scenario, then the group of eight came together, change the rules without having a super majority to begin with, and change it to a simple majority and decided to put the three amendments forward. Mr. Knox stated there were six amendments originally; three were brought up in a different lawsuit; and two were declared invalid and one was the term limit, which was put on the ballot. Commissioner O'Brien inquired if the three amendments were part of the lawsuit; with Mr. Knox responding no, they came up in a different context. Commissioner O'Brien inquired why were the three amendments not part of the lawsuit; with Mr. Knox responding there were two different lawsuits; the other three were County sponsored; the Board had its own term limit item; and the other two came up in the context of refusing to put them on, so they sued over those three and Judge Kahn rule two of the three were invalid and the third had to be put on, which was the term limits. Commissioner Higgs inquired if the legality of the three amendments is a question that could go before the court; with Mr. Knox responding no at this point by the Board anyway; and somebody may be able to stop it, but not the Board. Commissioner Higgs inquired if someone could challenge the Board putting those amendments on the ballot; with Mr. Knox responding yes. Commissioner Higgs inquired if it would be circuit, County, or federal court; with Mr. Knox responding circuit.

Commissioner Scarborough advised Mr. Knox prepared a memo in February addressing the 45% government lands, and additional information has been provided to the Board today; excluding roads and utilities, government lands is currently at 58.31%; the County has 2.58% of the properties and could dispose of those; but he does not know what the impact would be if the County did not have property for courts, places to park trucks, etc.; and inquired would it be able to enter into lease agreements for properties to maintain its current status or would that be precluded as circumventing the intent of the law. Mr. Knox indicated the answer is probably that the Board could lease properties. Commissioner Scarborough stated if the Board sold its properties, it would still be 10% plus short of the 45%; and inquired if it could compel the School Board to enter into similar arrangements and sell the schools. Mr. Knox stated he does not think the Board wants to do that, but someone who is advocating the amendment could do it. Commissioner Scarborough inquired if the Board can compel the federal government to sell off part of Kennedy Space Center; with Mr. Knox responding their provisions of the Federal Constitution would probably prohibit the Board from doing anything like that. Commissioner Scarborough inquired about State property; with Mr. Knox responding the Board would have a difficult time compelling any government to get rid of its lands. Commissioner Scarborough stated he hopes staff and the County Attorney's Office spends some time on this issue because he has a lot of questions if the amendment did pass of where the County would be. Commissioner Scarborough stated right-of-way is 2.5% and churches are .75%, so they are only out of compliance by 7% or so. Mr. Knox stated the Board needs to be aware of the 180,000 acres of waterways; the way the amendment is worded, it is everything that is upland of the mean high water mark of the Atlantic Ocean; it does not say Indian River or St. Johns River and it does not exclude them either; but if the Board follows that definition of what is in the proposed amendment, it has to county everything that is west of the Atlantic Ocean which would include the rivers. Commissioner Scarborough inquired if the Board could take out the Indian River and St. Johns River, would it be workable; and suggested staff put some time into this issue and return with a report.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct the County staff and County Attorney to analyze the amendments and return to the Board with a report.

Commissioner O'Brien advised the County owns 2.58% of the 58% of lands owned by government; the St. Johns River Water Management District owns 131,000 acres or 15%; yet the Board is talking bout how much property it wants to sell or manipulate rather than look at where some of the largest government landowners are. He stated State and federal waterways are not appropriate; however, if they are, the Charter amendment would say the State has to sell off 50,000 of acres of the water, but State law prohibits that. He stated the State owns all the rivers, not the County; and there are inherent problems in the amendment and no answers. He stated the intent of the Charter Committee that wrote the amendment looked at St. Johns River Water Management District owning 131,000 acres; and perhaps it should sell some and let it go private; but the federal government will not sell Kennedy Space Center.

Commissioner Scarborough stated the Charter amendment will affect the Count, but what is going to happen will happen; and the Charter amendment is going to make life difficult for a Board that is trying to have a place to park mosquito control trucks, libraries, etc.

Commissioner Higgs stated looking at the percentage of what the St. Johns River Water Management District owns seems like a lot, but the vast majority of it is the floodplain that protects the drinking water supplies and protects against flooding; and she believes water is an important part of the quality of life in the community. She stated the Board is under a court order to put it on the ballot; she hates to see it go there because it will take a lot of effort to try and look rational to businesses that may want to come here; it does not present the perspective of Brevard County that the Board wants to put forward; but it has a court order that compels it to take that action.

Commissioner O'Brien stated if the citizens of Brevard County who elected them say that is what they want, then the Board has to accept the voice of the people. Commissioner Higgs stated the voice of the public in this case will affect the County very little even if it is passed, but it makes the Board look less than rational to businesses that may have wanted to come here.

Mr. Knox stated the motion to get a report back is a good thing to do because of the ramifications of the amendments that people may not understand.

Chairman Carlson advised with every referendum, the Board has educated the public; it is not to influence, but it can give details of the facts; and inquired if any of the amendments are constitutional; with Mr. Knox responding perhaps the citizens civil rights bill may be, but the other two in his opinion are unconstitutional. Commissioner Higgs inquired how can the civil rights bill be constitutional when it limits the ability of passing an ordinance without paying full compensation to people it affects; with Mr. Knox responding that is the property rights issue, which is different and which he thinks is unconstitutional because it proports to going back and capturing all the diminished values caused by existing regulations, which may have been passed in 1978 or so. He stated the backhanded result of that, if both amendments pass, the 45% and the diminished value, is that the 45% will undoubtedly diminish property values; and that means the taxpayers who passed the property rights amendment are going to have to pay for diminished values.

Commissioner Colon stated she does not understand why the Board is talking about percentages when the County only has 2.58%; it cannot tell the federal and State governments what to do nor the municipalities; so that is irrelevant. She stated if the community gets a petition and puts something on the ballot, the Board should honor it; and she does not support an increase in taxes, but she would respect allowing it to be put on the ballot so the citizens can decide. She inquired how far is the Board going with education and how much money will it put into it. She stated she is concerned about how much taxpayers money will be spent on this issue; the Board already heard almost a quarter of a million dollars to put it on the ballot; and she would hate to have the Board keep spending more money. Commissioner Colon stated the Commissioners are at liberty to say what is on their minds, and whether they support something or not, but it would have to be done personally; and that would be the only way to do it, or authorize spending money to educate constituents. Mr. Knox stated it is pay me now or pay me later because sooner or later somebody is going to say those things do not add up they are illegal and they sue the Board to get them to declare they are illegal; and the Board would have to defend it.

Commissioner Higgs stated the Board has educated the public about referendums over the years; it would have to educate and not advocate; individual they cold advocate if they wanted to, but the Board has consistently educated people on referendums which is fair and reasonable. She stated the amendments were not brought forward by petition of the people; they were brought forward by a portion of the original CRC that met subsequent to the report submitted to the Board and in conflict with the rules they had established; so the people should not misunderstand that it is not something someone went out and got 16,000 signatures on to bring it forward. Commissioner Colon stated she understands that, but the court has told the Board what it has to do; and it may not like it, but it has to follow it.

Chairman Carlson inquired if the motion on the floor is to get more information; with Commissioner Scarborough responding basically there are financial and practical ramifications, so staff and the County Attorney's Office should give the Board more information on those ramifications. He stated most people in the community do not want to be told how to vote; they do have questions regarding how many acres are there, what would the County sell, how would that work, etc.; and providing that type of information is the education the Board would essentially be doing. Chairman Carlson inquired how long would that report take; with County Manager Tom Jenkins responding 30 to 60 days. Chairman Carlson advised Mr. Galey has a time line for notifications; with Mr. Knox responding Mr. Galey needs 90 days.

Chairman Carlson inquired if the Board needs to adopt the resolution to send it forward; with Commissioner Scarborough responding the report is unrelated to the resolution and just information that would be available to respond to people who call their offices.

Chairman Carlson called for a vote on the motion to get the report back. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution calling for a special election on November 6, 2001, on the question of whether Brevard County should amend its Home Rule Charter, Article 5, Sections 5.6, 5.7 and 5.8 to establish a limit on the total amount of land that may be owned by all governments; providing compensation to landowners whose property values have been diminished by governmental regulations; and a citizens' bill of rights. Motion carried and ordered unanimously.

Chairman Carlson noted it is interesting that the Board will be working with the Brevard Tomorrow process and this issue at the same time.

APPROVAL TO CARRYOVER FY 2000-01 FUNDS, REALLOCATE UNEXPENDED FUNDS,
AND EXECUTE AMENDMENTS TO AGREEMENTS, RE: CBO SET-ASIDE FUNDS AND
ALCO-REST, INC. UNEXPENDED FUNDS

Commissioner Higgs advised the item is the recommendations of the Community Based Organizations (CBO) Advisory Committee on the use of carryover funds; her concern is one allocation to Computer Education International as it has not been able to complete the work on its 501(c)3 yet; and the Board did not receive any information regarding the performance of that contract. She stated since it is a new group, she is concerned about seeing the performance criteria; and will move to go forward with all the recommendations, but hold the Computer Education International funds until the Board has that information.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve carry over of FY 2000-01 CBO set-aside funds to FY 2001-02; reallocate unexpended funds of Alco-Rest, Inc. of $36,000; execute Amendments to Agreements with Brevard Alzheimer's Foundation, Inc. for $6,000, Child Care Association for $10,000, and Community Services Council for $10,000; and hold the Computer Education International allocation until more information on performance is provided to the Board and completion of its 501(c)3 documents.

Commissioner O'Brien stated he would prefer taking the $36,000 and putting it with the set-aside $10,000 for a total set-aside of $46,000. He stated throughout the year people come to the Board and request emergency funding, which the Board may feel is appropriate; and he cannot find a good reason to give it out today rather than use it with financial caution. He noted a homeless shelter could be damaged by storm and need money for repairs, other things could occur that may need financial assistance; $10,000 is usually insufficient to finish out the year; and this is an opportunity to put it back and hold it for unexpected expenses because they have all been funded previously. He stated this request is saying the County has money and wants to give it away; and that is not the way the Board should be traveling.

Chairman Carlson inquired if the organizations considered for allocations have been funded in some part; with Housing and Human Services Director Gay Williams responding Child Care Association, Community Service Council, and Brevard Alzheimer's Foundation are receiving funding; the CBO considered that they exceeded their expected outcome during the fiscal year and continue to have long waiting lists; and based on those considerations, the CBO recommended the agencies receive additional funding.

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

APPROVAL OF COSTS FROM TAX COLLECTOR, RE: ADMINISTRATION AND
COLLECTION OF COUNTY OCCUPATIONAL LICENSE FEES

Commissioner O'Brien advised he has a problem with the request because five years ago the Board was told the cost to administer occupational licenses was somewhere in the order of $16.50, so the Board set a flat fee of $35.00; however, the Tax Collector is requesting $217,971 as the cost to administer occupational licenses for FY 2001-02. He stated his office called around about how many occupational licenses are issued each year; the Tax Collector starts his budget from August 31 to August 31; it is now July; and so far this year, they issued 3,794 licenses. He stated rounding that number to 4,000 and dividing the $217,971 by 4,000 results in a cost of $54.49 to collect the fee and issue each license; and that is a pretty high cost, so he has a problem with it.

Chairman Carlson inquired if the Board would like to request justification for the cost from the Tax Collector; with Commissioner O'Brien responding the Tax Collector's letter itemizes the costs as postage at $13,200 which is more than $3.00 each just to mail the licenses, $1,457 in envelopes, $127,761 salaries and benefits for 3.5 man-hours, and $21,692 for data processing; and those are big numbers to do nothing more than collect the fee from someone who applies for an occupational license.

Commissioner Higgs recommended the County Manager or Management Services investigate if there is a less expensive way to do it because she agrees with Commissioner O'Brien. She also recommended the Board ask Mr. Northcutt to review the costs and provide a report justifying the cost estimates. Commissioner O'Brien stated he has no problem with that because he cannot agree with the administrative cost being close to $55 per license.

Commissioner Scarborough inquired how much does the County charge for occupational licenses; with Commissioner O'Brien responding $35.00. Commissioner Scarborough stated the Board is taking a loss every time a license is issued. Commissioner O'Brien noted there may be something wrong in the mathematics and cost detailing.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to table the request from the Tax Collector for approval of costs to administer and collect occupational license fees from August 1, 2001 through July 31, 2002, in the amount of $217,971; direct staff to investigate if there is a less expensive way to administer occupational licenses; and request the Tax Collector provide justification of the estimated costs. Motion carried and ordered unanimously.

PERMISSION TO SOLICIT PROPOSALS, RE: SAFETY SHOE VENDOR

Commissioner O'Brien advised Mr. Abbate is here; if you read the item it sounds like the County has a mobile vendor, but that has been clarified.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to advertise request for proposals from safety shoe vendors to provide safety shoes for employees that meet federal government standards; appoint Richard Biondi, Scott Wallace, Mario Aquino, Earl Hackney, Ed Maurer, and Gerard Visco to the Selection and Negotiating Committee to review proposals and negotiate terms of the agreement; and authorize the Chairman to execute an agreement with the successful vendor. Motion carried and ordered unanimously.

APPROVAL, RE: DATE OF WORKSHOP ON HOMELESS ISSUES

Commissioner O'Brien advised the Board has regular meetings on Tuesdays and zoning meetings on Thursdays, but all of a sudden on Wednesday, September 12, 2001 at 5:30 p.m. there is a budget hearing scheduled. He stated it makes no sense, but there may be a good reason; and suggested it be changed to Thursday so all the Board meetings are done on Tuesdays and Thursdays.

Assistant County Manager Stockton Whitten advised the public hearing on the budget may have been moved so it would not be in conflict with the School Board's budget hearing.

County Manager Tom Jenkins advised once the School Board announces its public hearing dates on its budget, the Board announces its dates; and other local governments schedule theirs; so it may be too late to change it this year, but staff will certainly look at that for next year. Commissioner O'Brien stated it is never too late to change anything; if the School Board has a meeting on September 12, 2001, the Board's budget hearing can be changed to September 18, 2001; and the final public hearing is scheduled for September 25, 2001. Mr. Jenkins stated staff will look at it and get back with Commissioner O'Brien. Commissioner O'Brien stated the public has gotten used to the Board meeting on Tuesdays and Thursdays; and it is only fair to them that the Board continue that tradition.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve September 18, 2001 at 9:00 a.m. as a workshop date to discuss homeless issues; and instruct the County Manager to provide a report of why the first budget hearing was scheduled on Wednesday September 12, 2001, instead of a Tuesday or Thursday. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 2:36 p.m.

ATTEST: _________________________________
SUSAN CARLSON, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

___________________
SCOTT ELLIS, CLERK

(S E A L)