The Board of County Commissioners of Brevard County, Florida, met in regular session on July 20, 1999, at 5:40 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, and Sue Carlson, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: Commissioner Helen Voltz who was attending the National Conference of County Commissioners.

The Invocation was given by Commissioner Randy O'Brien, who also asked for prayers for the Kennedy and Bessette families.

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve Minutes of March 20, 1999 Special/Workshop Meeting. Motion carried and ordered unanimously.

REPORT, RE: TEMPORARY CLOSING OF GRISSOM PARKWAY

County Manager Tom Jenkins advised as part of the east connector road construction in Port St. John, some construction work on Grissom Road is needed; and staff looked at the issue and determined it would save time and approximately $150,000 in construction costs if the roadway was closed during the east connector road construction. He stated the alternative would be two and a half to three months of single-lane traffic, so it is better to close the road rather than drag it out; and requested approval from the Board.

Chairman Scarborough advised Public Works Director Henry Minneboo met with the Homeowners Association officers and they concur and encourage the Board to take that action.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to authorize temporary closing of Grissom Parkway as part of the construction of the east connector road in Port St. John. Motion carried and ordered unanimously.

REPORT, RE: PROPERTY FOR SHARPES COMMUNITY CENTER

Assistant County Attorney Kim Brautigam advised the Board approved the purchase of a 20-acre site from College Park Church of God next to Sam Snead Golf Course at $320,000; and the survey revealed encroachment of a maintenance garage, outdoor storage area, and concrete slab that were constructed by the golf course. She stated they could cut out 15 feet by 100 feet with no liability for that part of the property; and CDBG was advised of the problem, and feels it will not impact the Center to delete that portion and amend the legal description.

Chairman Scarborough advised of the options to not purchase the property until the encroachment is removed, take title and get the golf course to resolve the problem, or cut it out and eliminate spending time on an issue that has no merit. Commissioner Higgs inquired if they will reduce the cost of the property; with Chairman Scarborough responding no, and the cost to argue it would exceed the benefits.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize deletion of a 15'x100' portion of property containing improvements constructed by Sam Snead Golf Course from the 20-acre site being purchased from College Park Church of God for Sharpes Community Center. Motion carried and ordered unanimously.

REPORT, RE: AMERICAN HERITAGE RIVER COMMITTEE APPOINTMENTS

Commissioner O'Brien advised a letter dated July 9, 1999, concerning the American Heritage River incentive, says, "To assist in receiving these resources, four committees will be established to provide vision, focus, and priorities to the American Heritage River initiative efforts. A steering committee will provide the vision and oversee the efforts for the entire river. Advisory committee in each of the River's basins, made up of nominees of the local elected officials, will provide input on projects and priorities in their respective basins. It is expected that these committees will first meet in September." He stated Leroy Wright has already been appointed to the Committee, but he does not recall the Board appointing Mr. Wright although he is the right person for the initiative; and inquired when will the Board nominate people to be on the advisory committee, and how was Leroy Wright taken by the Mayor of Jacksonville who seems to be taking over the whole program.

Commissioner Carlson advised she met with the Navigator yesterday; Leroy Wright's appointment was based on his own interest; and he did not know it was supposed to go through the Board. Commissioner O'Brien stated the letter from Barbara Elkus, the River Navigator, is direct in saying, "made up of nominees of local officials." Commissioner O'Brien inquired who is in charge of the committee, who will be on it, and how are they selected; and stated Leroy Wright's appointment should have passed through the Board.

Chairman Scarborough instructed County Manager Tom Jenkins to check on it and bring it back on Thursday, July 22, 1999.

Priscilla Griffith, President of the League of Women Voters of the Space Coast, advised Leroy Wright was appointed by the mayor of Jacksonville who is choosing the steering committee because he was the impetus behind the river designation; and letters are going to all cities and counties in the District asking for nominations to the advisory committees.

REPORT, RE: LETTER FROM CITIZENS FOR FLORIDA'S WATERWAYS

Chairman Scarborough advised of a letter from the Citizens for Florida's Waterways dated July 1, 1999 on how the public workshop on the Manatee Protection Plan will work and if it will allow public input. He noted the Board answered public input would be allowed on item specific and not just general comments.

Commissioner Carlson stated if the Board allows public comments, it should talk with David Arnold first and negotiate specific points then have public input, which may be more constructive. Commissioner Higgs suggested the item be taken up at the end of the meeting since she just received a copy of the letter.

Chairman Scarborough instructed County Manager Tom Jenkins to put the letter on the Agenda for Thursday's meeting.

REPORT, RE: LETTER TO SENATOR PATSY KURTH ON POWER PLANTS

County Manager Tom Jenkins advised there is a draft letter to Senator Patsy Kurth regarding power plants that the Board instructed staff to prepare.

Chairman Scarborough instructed Mr. Jenkins to put it on the Agenda for Thursday's meeting.

RESOLUTION, RE: COMMENDING EAGLE SCOUT ROBERT B. RILEY

Commissioner Higgs read aloud a resolution commending Robert B. Riley for attaining the rank of Eagle Scout.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution commending Robert B. Riley for attaining the rank of Eagle Scout. Motion carried and ordered unanimously.

Robert Riley thanked his parents and Barbara and Roger Arthur for their support and advocated scouting as fun, meaning a lot, is a bonding experience, and something that changed his life.

DISCUSSION, RE: 2000 LEGISLATIVE PROPOSALS

Harold Koenig thanked the Board for its past support; stated because the Legislators came back empty-handed does not lessen the Board's role on behalf of the children; and requested the proposals be resubmitted along with five additional proposals. He stated Brevard's drug disaster has worsened; and gave details of the use of drugs, crack houses, increased crime, loss of lives, pressure on children to use and sell drugs, increased supply of cocaine and heroin, young people being incarcerated and released without treatment, first-time nonviolent addict felony offenders being used as confidential informants, and 75% of the demand for drugs coming from addicted inmates released untreated. Mr. Koenig stated they are struggling to save the lives of young people; and they are being opposed by elected officials charged with protecting the public interest, such as the Sheriff and State Attorney, in changing their 20-year policy that rehabilitation is a dirty word and all addicts must be jailed and branded convicted felons. He stated that policy has failed and has not reduced the supply or demand for drugs; they refuse to change their approach to the drug problem, such that children's lives are trashed and destroyed; and now they seek to raise taxes to expand the system that has not worked. He urged the Board to continue to demand changes in the failed criminal justice system; and stated the way to reduce the demand for drugs in Brevard County is treatment not jail. He advised of his experience with children soliciting drugs on the streets, dealers defying the wellbeing of children and teaching them to shoplift, car jack, and more, and bailing them out of jail in return for sex. He stated law enforcement tends to consider addicts as human trash and place them in life-threatening situations by using them as informants and providing them drugs to use in the process.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to provide Mr. Koenig additional time to complete his presentation. Motion carried and ordered unanimously.

Mr. Koenig stated the six new remedial actions are: (1) elevate Marchman Act court orders to top priority, even using contract services if necessary, extend additional treatment period, and require courts to determine subsequent treatment; (2) stop using young first-time nonviolent addict felony offenders as confidential informants and giving addicts access to drugs under any condition; (3) transfer 50% of the net proceeds from drug-related confiscations to the drug treatment trust fund, and 50% of the County jail telephone proceeds to the same trust fund; (4) stop confiscating cars of young first-time nonviolent addict felony offenders until adjudication of their cases; and (5) provide specialized help to parents of young people, even those of legal age, who become addicts. He stated the parents ask the Board to continue to exert leadership and strengthen the will of all parties, including the Legislative Delegation, to aggressively pursue each of the remedial actions to save the lives of children and reduce crime.

Hazel Bergeron stated mental health court is sorely needed in Brevard County; prison is a wrong place for those individuals dealing with mental illness; the sooner it is treated the less severe it will become; and a person is psychotic three years before it is evident. She stated a lot of young people turn to drugs and alcohol because of mental disorders; the brain cannot use judgment; and a mental health court could help stop incarceration of the mentally ill.

Freda Schildroth stated she is a mother of a mentally ill son who spent 46 days in jail because of his condition; he was released and is still waiting for rehabilitation; he was treated by private psychologists for 17 years; and she never asked for help, but now she needs it. She stated services for the mentally ill are needed in Brevard County; funds are needed for in-house treatment facilities; and she supports a mental health court.

Lotte Lopez advised she is an Advocate Guardian for the mentally ill and sees the trauma families go through every day; mental health court would be valuable to Brevard County; and it works well in Palm Beach County. She advised of situations where many mentally ill persons are incarcerated for domestic violence; stated most advocates realize things could be done for the mentally-ill; and asked people who supported mental health court to stand up.

June Culver introduced her daughter April who suffered brain damage at birth and has a hard time coping with stress, and who is on disability and qualifies as a mentally ill person. She stated the National Association of the Mental Ill will not send anyone here because it is the worst State to recognize mental illness in the courts; and advised of her experience dealing with the Sheriff and State Attorney's Offices and the disrespect and costs involved. She stated mental illness is a disorder of the brain that results in diminished capacity; and to be treated the same as other people are archaic. She noted she serves as Guardian Ad Litem speaking for children in court, but nobody speaks for the mentally ill; and requested the Board's help.

Roberta Hodges, Vice President of NAMI Space Coast, advised of her experience with a mentally ill brother, and being told her son was born with the left side of his head smaller than the right side. She stated mental health court is a success in Broward County; people dealing with mental illness need help; they do not belong in prison; many parents have them at home; and a mental health court will be a big help.

Donna Jenkins related a story about her friend who tried to get help for her mentally-ill son; stated she is for mental health court; and advised that Judge Ginger of the Mental Health Court in Fort Lauderdale said that over 250,000 individuals are incarcerated in the United States for acts directly related to mental illness. She stated it is critical to develop effective and humane treatment for those individuals; it is costly to have a mentally-ill person incarcerated; they should be in a mental health facility and not in jail where they will get severely depressed; and requested the Board ask for funds to start a mental health court.

Chairman Scarborough requested an explanation of misdemeanor mental health court and drug court; with Court Alternatives Director Pat Bean responding the proposed legislation is to create a mental health court that is patterned after the one in Broward County which seems to be very successful; in the misdemeanor system, they have identified about 250 cases that would meet the criteria for a mental health court; and the idea is to work closely with the judiciary and mental health service providers to create a wrap-around system around each client that comes through the system to prevent them from returning again and again for behaving in a manner that draws attention from the general public. She stated they are not talking about very aggressive or dangerous clients, but about misdemeanor cases. Ms. Bean advised they have been working with the State to find funds for the current Drug Court; the Assistant Secretary of Children and Family Services Department is optimistic about funding for drug court in the year 2000; and they are working to get appropriations on a yearly basis starting in the year 2001.

Commissioner Higgs inquired about the difference in cost to put someone in jail versus alternative treatment facilities for a mentally ill person or first time drug addict; with Ms. Bean responding the cost analysis has to be provided later as she does not have the exact costs. Commissioner Higgs inquired if the level of security would be the same; with Ms. Bean responding they use existing mental health services in Broward County and maximize their resources by working closely together. Ms. Bean advised many years ago Brevard County had case managers through Circles of Care who worked closely with Court Alternatives Service clients accused of misdemeanor crimes; and five years ago the State cut about 30 case managers, which created a serious problem because they did not have anyone to work with them on specialized case management to handle the type of cases being discussed. She stated their officers have very high caseloads; without funding for specialized case managers there is not enough time to handle those cases and prevent them from returning to jail; it involves working closely with families, individuals, and ensuring the individual is taking medication on a regular basis and attending programs; and that will go a long way to prevent them from returning to the criminal justice system. She stated there is another group that would require more intense treatment; Circles of Care provides some services in terms of stabilizing those individuals; but there are other cases that need specialized treatment for drug and alcohol abuse, as well as mental illness.

Chairman Scarborough inquired if there are any changes to the Legislative proposals; with County Manager Tom Jenkins responding they requested a change to the planning cycle for transit planning from three to five years; however, the State is doing it, so that request can be removed. He stated they added a request from the Value Adjustment Board regarding filing fees to better cover costs, a request regarding protection of sensitive information for getting access to the operation of government and police radio systems, and a request to replace a building at Martin Andersen Senior Center which was closed due to structural problems.

Commissioner Higgs stated she attended the meeting with the Indian River County Commission and State officials, and learned that the shared title issue is moving forward at the staff level. She stated they intend to bring it to the full committee in August and to the Cabinet in October; but it should be left in the package, although it may be resolved.

Commissioner O'Brien advised Circles of Care has anti-drug addiction numbers; its proposed budget states four secure detox beds for six months at $205 a day or $150,000 for six months, and eight residential beds at $249 per day or $264,000 for six months; so to treat 12 people for six months will cost $966,000 the first year which does not include mentally-ill persons because there are no numbers for those.

Commissioner O'Brien advised the Board is considering a billboard ordinance; billboards along SR 3 cannot be touched because FDOT has jurisdiction over a lot of them; and recommended asking the Legislature to change the law and base it on population density or some other form that makes sense, to allow counties full jurisdiction over sign placement. He stated if there are billboards along SR 528, SR 520, SR 3 and SR 50, the County cannot do anything about those; so it should include something in the legislative package to have that law changed.

Chairman Scarborough inquired if the new initiative requires taking things through agencies for comment; with Lobbyist Guy Spearman responding only appropriation issues, and other items can be added up until the Legislature adjourns. Chairman Scarborough called for a motion on the legislative package.

Motion by Commissioner O'Brien, to approve the proposed Legislative proposals package, amended to include an item requesting the County have jurisdiction over placement of and rules for billboards on State roads; and adopt Resolutions supporting equitable funding for District VII Children and Families, Alcohol, Drug and Mental Health funding, State funding for operation of all juvenile assessment centers statewide, and State shared land titles with local governments.

Commissioner Higgs advised there will be a lot of discussion in appropriations on issues of courts; and inquired if the County should follow those allocations as they are being split up; with Mr. Spearman responding yes, but part of the dilemma is the philosophy in Tallahassee from the law enforcement side to not be too nice; and they are strong in Tallahassee. He stated their philosophy is different from the Board's philosophy so there will be a conflict; but they will keep pushing and trying and will keep the County informed on what is happening. He stated he took what was done and sent those to the agencies asking to start including those things; he received some responses, but have not gotten answers on whether State agencies will look favorably or not; but that does not mean the Board is precluded from going to the Legislature and asking for the money. He noted they will have to deal with the Governor's Office later if they are successful, because the Governor said if they do not go through the process, he would look jaundicely at the requests and veto them. Mr. Spearman advised they may be able to survive that if the agency does not do it; but they need to closely follow that. Commissioner Higgs stated she assumes there will be heated controversy in allocations to various judicial circuits; the Board has never asked Mr. Spearman to be involved in that, but it affects the County as to who gets judgeships, etc., and in particular the way the State is funding; and inquired if that is an issue the Board needs to monitor more closely; with Mr. Spearman responding when judges talk the Legislature tends to listen more because there are a lot of attorneys in the Legislature; and the people on the appropriations subcommittee tend to weigh heavily toward attorneys. He stated the Chairman of the House Committee is an attorney; and when judges come to him and talk about issues, he pays attention, so it would be helpful.

Commissioner Carlson inquired where did Broward and Dade get their funding for drug and mental health courts; with Mr. Spearman responding he is not sure, and Ms. Bean stated she believes both were funded by the respective Counties. Ms. Bean stated she is not sure about State funding but can check on it.

Chairman Scarborough advised a motion was made by Commissioner O'Brien; and requested a second to the motion. Commissioner Higgs seconded the motion. Chairman Scarborough called for a vote on the motion. Motion carried and ordered unanimously.

Chairman Scarborough advised some counties are funding staff support for their legislative delegations; he does not see Brevard County getting to that point, but it has dumped proposals on the Delegation while other counties approached it differently and provided documentation and people to run interference; and recommended Mr. Jenkins report to the Board on how it could get the Legislative Delegation long-term support.

Commissioner Higgs advised regarding the rule change to exempt temporary employees from the retirement system, if the County could get equal treatment with the State, that was her intent; and if that is what Mr. McMullin is indicating he can be supportive of, the Board can include that in its request that employees who are temporary be treated in the same manner as the State's employees.

The meeting recessed at 6:50 p.m., and reconvened at 7:10 p.m.

FINAL PLAT APPROVAL, RE: STILL POINT SUBDIVISION, PHASE 2

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant final plat approval for Still Point Subdivision, Phase 2, subject to minor changes if necessary and receipt of all documents required for recording. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to appoint Richard Abramson to the Titusville-Cocoa Airport Authority replacing Jim Mizell with term expiring January 13, 2001, and reappoint William C. VanEngelenburg to the Titusville-Cocoa Airport Authority with term expiring July 20, 2002. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

APPROVAL, RE: EEL PROGRAM MASTER SITE PLANS

EELs Coordinator Ann Birch advised what the Board has is a 30% contractual master site plan for the Enchanted Forest, Helen and Allan Cruickshank, Malabar Scrub, and Barrier Island Ecosystem Sanctuaries; it represents 60% of the work; the designs went through public meetings and received comments from the Selection and Management Committee and County staff; and tonight staff is requesting comments from the Board and approval to proceed to the 90% design. She stated the 90% design will come back to the Board with the site specific management plans, vignettes that show the outside and interior of the buildings, and 3D site plans for each site. Ms. Birch advised at that time staff will ask for authorization to proceed to design and construction for each site; and tonight is to receive comments and approval to proceed to the 90% level. She introduced Kha Le-Huu of Kha Le-Huu and Partners, who is the prime on the Contract and who will provide a brief presentation of each master site plan.

Kha Le-Huu advised the team consists of architects, engineers, scientists, community planners, landscape architects, and moviemakers; and thanked the members of the team, EELs Selection and Management Committee, County staff, and citizen groups for their support throughout the process. He stated the information synthesizes the many hopes, visions, and aspirations expressed to them by the communities for the EELs network; they set out to create a place to learn about Brevard County's unique natural communities, a resource for environmental education, a place of wonder, contemplation and discovery, a place to experience the real Florida, not only her past and present, but also her future, and a place to fully appreciate the living treasure inherited by the people. He explained the diagram and graphics, noting how Florida evolved, its flora and fauna, organisms and creatures; and stated it is a responsibility to insure any future changes man imposes on the ecosystem are changed for the better because extinction is forever. Mr. Le-Huu advised of the numerous public meetings and community workshops to receive input from citizens, and their efforts to propose a vision that is dynamic and adaptable to the needs of the EELs Program as well as the wishes expressed by the citizens which were highly affirmative and energetic. He explained their strategy in designing the sites and buildings in detail, including the placement of trails, constraints, opportunities for environmental interpretation, parking, lighting, lily ponds, learning centers, souvenir shops, libraries, lobbies, natural attributes, restoration opportunities, maintenance and equipment storage facilities, etc.; and noted the success of any project of this type depends largely on the quality of the experience of the visitors, both physically and spiritually. He stated the building has three goals--to provide a logical flow with maximum visitor experience, provide the center with functionality with minimum staffing requirements, and provide a learning center which can accommodate community events, environmental exhibits, conferences, and teaching. He stated each center will have its own exhibits, but they will all reinforce the EEL vision. He stated the building design is energy efficient and provides full access for physically disabled persons. Mr. Le-Huu stated the days when development occurs at the expense of the environment is over; it is a new era where quality of life depends on both development and environment; top executives of Fortune 500 companies reveal that quality environment has consistently resided on top of the list as to where they choose to work and live; thus good environment means good business; and with that in mind, they need the Board's approval to make the dream of many citizens and the hard work of staff a reality.

Ralph Bird supported the site plans for the EEL Program as proposed and leaving the Helen and Allan Cruickshank Sanctuary as unspoiled and natural as possible. He stated he is honored to have known Ms. Cruickshank and feels certain she would want it as natural and pristine as possible. He stated their property in Rockledge was in a natural setting with plants, trees, and water that attracted birds and butterflies; and requested the sanctuary be left as natural as possible to honor a wonderful and dedicated nature loving couple.

Edward Slaney supported the sites as proposed up to 30%; stated Allan and Helen Cruickshank were ornithologists and photographers, but most of all they were teachers; and in keeping with their legacy, it is appropriate that the sanctuary be developed with the theme of education in mind. He stated there will be exhibits and artifacts to help visitors learn about Helen and Allan Cruickshank, but also the natural surroundings they were so active in preserving; and while access is needed in the best possible way, the sanctuary should expand on the idea of education and not sacrifice the scrub and other habitats to bikepaths and trails.

Martha Pessaro, President of Friends of the Enchanted Forest, stated they give wholehearted support to the team's wonderful work; they are proud to be a part of it; and for the past decade they have been working diligently towards the end of bringing a facility that will provide educational space in the Enchanted Forest and throughout the network of sanctuaries in the County. She noted Ms. Sandra Hines, who is a park ranger with Canaveral National Seashore, stated she has always wanted to see the Enchanted Forest; she spent the last 41 years of her life in a wheelchair; and up to this point there was no capacity to bring people in wheelchairs to the Forest. She noted Ms. Hines said if they get the ADA trail, she wants to be the first person to wheel out on the trail; and requested the Board approve the plans.

Priscilla Griffith, Co-president of the League of Women Voters of the Space Coast, advised the League has been involved with the EELs Program since its inception; and advised of her and the League's efforts that led to the successful referendum in 1990. She stated the League requested the Board continue its support of the voters' desires and approve the plans presented that will carry out the original purpose approved in 1990--environmental education, passive recreation, and conservation. She stated non-consumptive recreation groups are requesting additional trails for their use in the sanctuaries; they do not claim there will be no public access, only that their type of usage is neglected; and although the League is sympathetic to them, they also recognize that the uses of environmentally sensitive land must depend on what the County is attempting to conserve there and on its size. Ms. Griffith stated those things have been taken into consideration in the design of the sanctuaries; the plans were presented to the public over many months and public comments were taken; the proposals are innovative, exciting, and people friendly; and everyone will have access and can learn and enjoy as much as they will allow themselves to do so. She requested the Board accept the plans without modifications that would defeat the purpose of the land acquisition program and ultimately destroy the things it is supposed to preserve. She requested the Board not include inappropriate uses; provide for the requested uses in other ways; and keep the vision.

Margaret Hames stated it is nice to be here at another phase of the EELs Program; and it will be wonderful to take it further, and as promised the voters, to be done according to their wishes. She stated the Board has an excellent Selection Committee; they have given admirable advice; and she hopes the Board will follow their advice and approve this phase of the development as it is presented.

Randy Parkinson, representing the EELs Selection and Management Committee, advised there has been a tremendous amount of work to accommodate the ecology and the communities around them; and the report functions as a master plan that would work for all category 1, reduce costs, and not reinvent the wheel for each site, but provide continuity between all sites. He stated there are a lot of things they would like to see to enhance the visitors' experience; they are excited about where they are and where they are going to be; and the Committee requests the Board approve the plans so they can move ahead to the next phase which would be the completion of the plans by the end of the year, with groundbreaking at one or more of the sites by the summer of 2000. He stated he hopes the Board will endorse the plans by its approval and continue to support EELs as it has for the past ten years.

Murray Hann advised he lives near the Malabar Scrub Sanctuary and is an avid runner and bicyclist; he is interested in the property and is out there almost every day; he feels it is his own little sanctuary because right now there is not a lot of public use of the property; and he is encouraged to see the plans proceeding to promote access to the properties. He stated he reviewed the initial plans at a meeting in Palm Bay; at that time there were no bicycle trails included; they talked to Ms. Birch about that, who said she would look into it; and true to her word, she incorporated some bicycling to some of the existing trails. He stated it looks like good use of the existing trails while staying away from the more sensitive areas and not cutting down scrub to make trails; and he was pleased to see it included so they can continue to use the sanctuary to bicycle and run. Mr. Hann stated there is only one major trail that crosses the sanctuary that allows bicycling; for a very rugged bicyclist sandy trails are fine; but to provide access for more people, it may be good to consider some form of environmentally compatible soil stabilization six feet wide for that trail. He stated local athletes would also appreciate an outside water fountain so they do not have to walk into the lobby when they are out running; a lot of buildings have done that and it works well; and urged the Board to think about those two small things, but to support the plans and EELs committee which is doing a good job.

Carroll Holland, representing the Audubon Society, advised Florida, California, and Texas are the three major states millions of people go to every year for bird watching; they sponsor the Fly Away Festival in Titusville each year; Florida is unique in that it has a number of endemic species; and Brevard County is the most famous for endangered species in the United States. He noted bird watching is probably the fastest growing activity among the population of the United States today; 80 million plus people participate in one form or another; and as part of the Fly Away Festival, the four sites will be part of their tour introducing people who come to the festival to see the nature of the County. He stated the work that has been done will introduce millions of people to Brevard County's natural resources over the next 20 years; and requested approval of the plans as proposed. Mr. Holland stated he has no objections to bikepaths; but when soil is stabilized unless it is ecological stabilization, it creates a barrier which will interfere with the normal wildlife movements in the area. He stated there is nothing he objects to, and it will be a great thing for the County to have the sites as proposed.

Liz Ritter, Malabar Town Council and volunteer for the Malabar EELs Program, stated there are a lot of other animals in the Malabar Scrub Sanctuary, not only the scrub jay; the town people are excited about eco-tourism coming to Brevard County; she works in a campground and have tourists from other countries who come for bird watching and bicycling; and they will not have to go to other areas in Florida because they will have an opportunity here in Brevard County. She stated they have a tract in Malabar that hooks up to Turkey Creek Sanctuary, and continues south into Micco and other areas; and they are excited about it, and hope to see it through. She stated they hope the Board will give its approval of the plans knowing they will keep everything environmentally safe and natural.

Dot Estes, Special Assistant to Commissioner Voltz, advised the Commissioner wanted to request that the Board continue the item so she can be a part of the decision making.

Commissioner O'Brien advised he voted to support the EELs Program; it is a great project and something the people wanted; but to build all four centers without phasing them in may not be the right thing to do. He recommended selecting two sanctuaries, build them, monitor the results, and see what happens; and if they do not receive the kind of results proposed, then they can scale back on the other two sanctuaries. He inquired about the square footage of the visitors centers; with Ms. Birch responding approximately 5,000 square feet. Commissioner O'Brien stated it is not a gigantic building, but there are four offices when only minimum staffing is being required; and the original intent was to have the facility available for classrooms and exhibits where busloads of school children and visitors can enter the properties. He noted Erna Nixon Park gets excellent visitation; but opening these sanctuaries will draw away from Erna Nixon and reduce the numbers. Commissioner O'Brien advised of failure of food service centers at golf courses, and the need of 40,000 people to make the proposed gift shops worthwhile; stated restricted hours will defeat the purpose; and cutting out bikepaths is a disservice to the public. He inquired if Barbara Myers was consulted; and stated he was told bikepaths were in the original plan for Cruickshank Sanctuary but were removed by the consultant. He stated bicycling is passive recreation; 127,000 children have helmets today and cannot go into the parks because there are no bikepaths; Ms. Myers should be included in the process or at least consulted; and recommended fiscal caution.

Chairman Scarborough inquired if it would be advisable to do phasing; with Ms. Birch responding opportunities to phase starting with the Enchanted Forest because it is the flagship sanctuary of the program, could take place once they learn about the design process and are going into construction; they can use what they learn in the design process to start design of a second sanctuary which staff would recommend as the Barrier Island Eco-system Center because of donation of the property by The Mellon Foundation; and again learn from the construction of the Enchanted Forest before they go into construction of the second sanctuary. She noted they could proceed in that manner through the four sites so when they are in design of one, they will also be in construction of another. Commissioner O'Brien stated that is not what he suggested; he is talking about operation of the centers; and recommended building two centers, wait a year or two and see what kind of attendance they get; then proceed accordingly.

Commissioner Higgs stated the decision tonight is whether or not to proceed with the site management plan issues not how they will be implemented; when they come back with the 100% completion, there will not be a building; they are asking for comments to be included in the 90% level of site specific management plans; then the next phase would be approval to go to design and construction. Commissioner O'Brien stated at the same time they are designing four structures; with Chairman Scarborough responding the Board is not authorizing any design until it gets the product then it will decide which ones it would like to go to design with; they can go to design on all four or design the Enchanted Forest first; and the Board can create a sequence at that time to wait to do it. Commissioner Higgs stated when the plans are completed and comes back to the Board, if the Board wanted to do the Enchanted Forest first, that may not preclude some of the other sites going forward with site plans and trails and those things but not the building. Ms. Birch stated they could do that to allow public access at all the sites at some level. Commissioner Higgs stated there are alternatives to phasing in; and those would be decisions the Board will make when the management plans are done. Commissioner O'Brien stated the 30% product shows trails, handicap parking, where structures will be, etc.; and inquired if it is a plan or just a sketch; with Parks and Recreation Director Charles Nelson responding the process is a completed master plan with management documents; what the Board has is a sketch of what the sites should look like; the next decision of the Board is to go into actual design of the infrastructure elements; then it will make hard decisions as to which ones will come first and to what level they will be developed. He stated even at 100% completion of this process, what the Board will have is how they are going to do it; then it can decide when to start that process.

Chairman Scarborough stated there were comments on construction of bikepaths; that issue would not have to be resolved until the Board hires someone to design the bikepaths and how they want it; and it still has flexibility until it has an A&E firm contracted to do the actual design. Commissioner O'Brien stated he hopes the Board is thinking about phasing now. Chairman Scarborough stated the Board is not making that decision and is not asked to think about that tonight; he does not want to worry about something that is not on the Agenda tonight; and the Board will discuss it further and do not have to decide tonight.

Commissioner Carlson stated she endorses the evolutionary step in the EELs visioning process, and trusts the judgment of the Selection Committee which took community input and decided whether bikepaths and hiking trails were appropriate. She stated the people made their investment; the Board is in the planning stage to make sure that investment is safeguarded through the stewardship of the land holdings; and as for public access via bike trails, she supports the trail system that the Transportation Department and Board discussed regarding linear parks and trails. She stated there is a place for those trails within the network of the environmentally endangered lands, but they need to provide access that does not necessarily go through those properties. She stated the bikepath along Helen and Allen Cruickshank property goes through sugar sand; as long as bikers can get to the properties, they can get off their bikes; it is a great plan thus far; and she wants to see it continued.

Commissioner Higgs stated the Board is asked to allow staff to proceed and complete the design and development of the master site plans and approve the 30% drawings; it does not preclude any additional comments from the Board or public; Commissioner Voltz will be able to comment on it; and suggested sending it forward so staff can continue their work.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to authorize staff to complete the design development of the Master Site Plans for the Enchanted Forest, Helen and Allan Cruickshank, Malabar Scrub, and Barrier Island Ecosystem Center Sanctuaries.

Commissioner O'Brien stated the people will continue to make investments by paying the quarter mill tax on their properties; they have made substantial investments thus far; that tax is still on their properties; and he would hate to stumble, and that is why he suggested phasing the construction. He stated he would like to see more public access on the site plans; the sand around the Cruickshank property is sugar sand and bicycles cannot go well through there; they have left out an important element of the community by not putting bikepaths in there; and it is not a good attitude to deny access. He stated Barbara Myers was not consulted about it.

Commissioner Higgs advised the Barrier Island Sanctuary abuts a 17-mile bikepath that starts at Sebastian Inlet State Park and goes almost to Indialantic, so there is plenty of bicycle access directly to that. She stated the Malabar site has extensive paths for people; the Board may see how the bikes work in relationship to the environment in Malabar more than in others; it may be very compatible in some places and not work in others; and the Board will be learning as it implements the projects.

Chairman Scarborough stated the Board is launching a new concept with linear parks and will have things in Brevard County that will do different things for different purposes; it is an evolving process; and Brevard County is at the forefront of a lot of it, so it is exciting.

Commissioner O'Brien stated there are 17 miles of bikepaths on the Barrier Island, but people from Merritt Island would have to drive approximately an hour to get there; the Cruickshank park is outside of Rockledge; and people from Merritt Island, Cocoa, Cocoa Beach, Port St. John and other areas including Suntree and Viera, will have a better opportunity of getting there and having four or five miles of pleasant bicycling. He stated he wants to see bikepaths at the Cruickshank sanctuary; and reiterated that Barbara Myers was not consulted. Commissioner Higgs stated people have been consulted; anyone who wanted to come to the meetings could attend; and there were about 80 people at the meeting she attended.

Commissioner Carlson advised they all have the same vision, including Barbara Myers to have a totally connected community with a linear park system that allows people to go from Mims to Micco on a bike; it will be a healthier community and less people on the roadways; but it will take a long time to get there.

Commissioner O'Brien recommended the bikepaths be put back in the Cruickshank plan to provide more public access. Chairman Scarborough stated to come this far and discuss only bikepaths and water for joggers indicates they have done great things.

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

STAFF REPORT, RE: ESTABLISHING MAXIMUM GRADE OF FILL MATERIAL AND METHODS TO PROVIDE ADEQUATE LOT DRAINAGE ON ONE AND TWO-FAMILY DWELLING PROPERTIES

Harry Fuller advised the proposal has been reviewed by BCAC and some construction industry people; and he came to give the Board his opinions of how it will affect the industry and what it will do for or against it. He stated Option A requires a 10-inch precise elevation which means it cannot go lower or higher than ten inches; that situation is unlivable because they cannot run a grade or elevation that precisely; and it may conflict with Administrative Code 10.D-6 and FEMA requirements. He stated it is a hard problem to solve; allowing a maximum of 18 inches above the road will again conflict with 10.D-6 and FEMA requirements which require them to build ten inches above the crown of the road. He stated he understands if State law conflicts with federal law, federal law prevails; so if County law conflicts with State law, he assumes the State law will prevail in general. He stated they are in a position of having to satisfy two sets of laws, one from the State and one from the federal government; and if the County passes a law, there will be three laws, which would make it very complicating. Mr. Fuller advised Item C has 10.D-6 and FEMA problems, and adds to the cost of affordable housing for more surveys; Item D is also a 10.D-6 and FEMA problem and the survey cost is something to be considered; Item E requires a difficult survey because to use a finished floor elevation, they would have to go into the adjacent home and put a pole in it and shoot on it; and there is not too many people who will let them do that, but that is the only way to find the finished floor elevation. He stated stemwalls will work but will leave a lot of problems; even if they put up a stemwall, they have to drain the water away from the footings; and to do that they have to fill the outside to get enough drainage relief to keep the water running to the edge of the lot, so it does not solve the fill problem. Mr. Fuller advised Item F is the only one that allows them to comply with 10.D-6, but it may not satisfy FEMA. He noted conflicts with the laws, undesirable pumps, County liability, walls around lots, increased costs affecting affordable housing, and his efforts working with Chairman Scarborough to try and solve some of the problems with 10.D-6 regarding flooding of adjacent lots. He requested the Board not take action because of the problems associated with it.

Chairman Scarborough stated it is not an easy problem to resolve; they have met over the years to find solutions; and every time they have an answer, another problem is identified. He advised of absurdities in Port St. John regarding septic tank requirements; stated each permit is looked at separately as to what will happen to the adjacent lot; and noted it is a house of cards that will fall when a person cannot flush the toilet and opens the sewer which could cause waste to flow down the street and become a health problem. Mr. Fuller stated the Board has to get control of invert elevations between houses; that is not being controlled now; and the situation Chairman Scarborough described could happen unless there is consistency over a block.

Commissioner O'Brien thanked Mr. Fuller for volunteering his time to work on this problem, and advised of his personal experience of ensuring water does not get into his garage during heavy rainfalls even though the angle of his driveway should be sufficient to run water off, because ten inches does not allow the water to run off fast enough. He inquired if the Board changed the FEMA requirement from 10 to 12 or 14 inches above the crown of the road, would it prevent flooding of structures; with Mr. Fuller responding it would give more margin, but would cost about $1,000 an inch to fill, so adding four inches would add $4,000 to the price of the home which is hard to handle for those qualifying for affordable housing. Commissioner O'Brien inquired if it costs $3.00 a cubic yard to fill; with Mr. Fuller responding yes, but it takes a lot of fill which adds up fast. He stated the average house in Port St. John can be 750 square feet, but the County standard is about 1,000 square feet. He stated he has put a lot of work into this serious problem because it needs to be solved. Commissioner O'Brien inquired if the Board should consider requiring a gully or swale to adequately drain quickly; with Mr. Fuller responding it may work for level lots that are close to the crown of the road, but in Port St. John and Palm Bay there are lots which are two or three inches below the crown of the road.

Commissioner Carlson inquired if Mr. Fuller looked at having an engineering drainage survey on a lot instead of requiring fill be done. She stated the lot owner is responsible for drainage on the property and is not allowed to drain on any other existing property surrounding his property; it could become a civil issue; but an engineering drainage survey that would be provided to the appropriate County Department may be a cost savings and a more common sense approach. Mr. Fuller stated it is a good approach, but most of the industry would be against it because calling an engineer to make an initial survey and design drawings to establish a drainage system for a lot will add significant cost to the house. He stated the real problem that affects the industry and causes drainage and elevation problems is no control of the invert of the septic tank; in a community with a sewer system, the problem does not exist; but when putting in a septic tank, they have to meet the height of 10.D-6 which is open to interpretation by the State Department; and they do not interpret alike, so there could be big variations in elevations which is a major cause of the problem.

Chairman Scarborough advised of meeting with Representative Randy Ball who wrote a letter and is working on it because there are State requirements that are driving some of the issues; and they are trying to solve them with help from the Legislature.

Commissioner Carlson stated a subdivision that had an engineer do the entire drainage survey put the cost into the properties; and inquired how is that weighed with the individual who was not part of a subdivision and did not have that done and is now an aggravation to the neighbors. She stated if they want to build on their property they need to be responsible for what they put on it. Mr. Fuller stated the subject is so complex; a planned community which is approved by the County will not have a problem because they will know the requirements; but Port St. John and Port Malabar that have been there for years without requirements have a different situation. Commissioner Carlson stated if the contractor is responsible for making the drainage work because he is contracted to build the house and set the lay of the land, it is his responsibility to make sure it occurs the proper way and not interfere with adjacent properties. She stated it seems the building community would want to put it on the homeowners to get surveys and make sure they will not bother their neighbors and abide by the requirements on where the septic tank has to be located. She stated there needs to be a better thought process and actual addressing of the drainage issue. Mr. Fuller stated they have a process right now where the inspector goes out and says whether water will drain on the adjacent property or not; but with a low lot and fill it is almost impossible to satisfy the letter of the law. He stated the only way to do it is to put a retaining wall all around the lot and fill it; that would be an overwhelming cost; and they would have to get a variance to put up the retaining wall because it will be a permanent structure. He noted it is a tough issue; they are not always satisfying the letter of the law, but they are getting things done and people's houses built and keeping costs down. Commissioner Carlson advised she asked staff to give her a historical account of where the Ordinance on drainage has gone and come; in February, 1997, there was a recommendation for amending the Code to allow building officials to withhold issuance of certificates of occupancy until drainage plan is approved by Public Works; the amendment would establish the owner of the property as the responsible party for maintaining the accepted and approved plan; and that was met with issues by an Assistant County Attorney. She inquired what were the issues, and why did they want to change it; with County Attorney Scott Knox responding he would have to research it. John Denninghoff stated the ordinance proposed at that time allowed for a property to drain on adjacent properties, which was in violation of the State law. Mr. Fuller stated that is correct; and it was presented to the Building and Construction Advisory Committee. Mr. Fuller reiterated the only way to satisfy the letter of the law is to build a retaining wall; and described the issues involved.

Discussion ensued on 10.D-6 requirements, retaining wall, 0.17-acre lots having trouble meeting setback requirements, not issuing permits if cannot be done within the law, certified engineering drawings on drainage system, State and FEMA requirements, responsibility to prevent people from building in the future and flooding adjacent properties, and septic tank permits.

Paul Joyal, President of Joyal Construction, and past President of the Homebuilders and Contractors Association, advised the Association has been involved with this problem a long time; when they construct a home they comply with the County requirements and make sure water runs off to the front and to the road or a retainage area on the property; they do not get involved with septic tanks on .17 acre because it is too small; and advised of a situation in District 3 where the lot he was building on was used as a retention pond by the adjacent lots. He advised of problems with long lots having the height in the rear of the lot; and stated the only way to get around it is have the builder use a theory to drain the water into a retention area on the property or to the road were it will go into an approved drainage system. Mr. Joyal advised they can develop drainage plans and do not need engineers; it can be done and drain properly; there will be berms on the side and swales on the inside in order to drain from the back to the front; and if the fill is brought down, they would have to pump up the septic tank. He stated to do that in the front yard will have a situation like Windover Farms where the only half of the front door is visible because of the mound where the pump station is in the front yard; and nobody will buy that house. He suggested the Board let the builders develop a good plan that will drain properly; stated it is too bad for the neighbor who built 14 years ago; and inquired what can they do about it, since they were not properly regulated at the time they built their homes.

Commissioner Carlson inquired what does Mr. Joyal think about a contractor providing a drainage plan; and if that is required now; with Code Compliance Director Billy Osborne responding yes. Commissioner Carlson stated if a drainage plan is not available through the contractor, the property owner has to hire an engineer to get a plan; and there may be a cost, but at least there will be a good plan. She inquired what is the Board struggling with and what is it basically doing.

County Manager Tom Jenkins advised the builder designs the system, and before the certificate of occupancy is given, the County inspector goes out and looks at it; and if it looks like it will work, he will sign off on it. He stated the homeowner is now required to maintain that system as it was designed; in the past the homeowner could modify it; and what started all the discussion was the Board talking about stemwalls and whether or not that could be an option. He stated staff took it to the Building and Construction Advisory Board which decided it was extremely expensive to do on every house; therefore, staff has tried to create several options that would prohibit someone from building a house two feet higher than the house next door. He stated it is not so much a drainage plan because they have been required for several years to drain on their property; but when there is a house two feet above the house next door, even with berms, the method they are trying has not been working perfectly.

Chairman Scarborough advised a house in Port St. John permitted six months before the next one had a three-foot difference in elevation required by 10.D-6; that random activity is creating tremendous problems for adjoining property owners and possible litigation; and 10.D-6 should be uniformly applied by a block unless there is different topography or soil types. He stated Representative Ball wrote letters asking why it should not be considered as a block; the problems in Port St. John happened because of a State rule; builders said it was wrong and the County said it was not how to do business; but they were following State requirements which does not make sense. He stated there were variations in 10.D-6 that were radical. Mr. Joyal stated when that happens they go back to Consumer Health to see if they can work it to some extent; and if they cannot get down as low as they want it, even six inches makes someone happier. Commissioner Higgs inquired if Mr. Joyal is able to resolve it through his efforts; with Mr. Joyal responding yes, but sometimes it is not as low as the lowest neighbor. Commissioner Higgs inquired if Mr. Joyal was able to accommodate some problems by working with an agency in Brevard County; with Mr. Joyal responding they could mitigate it to some extent.

Keith with Holiday Builders advised he builds homes in Port St. John and sees a lot of this problem; they have an engineer who goes to the sites and determines the wet season water table which in turn determines the height of the septic tank; another engineer who goes next door at a different time of year will have a different opinion; and all that information goes to the County to make a determination. He stated very rarely has he been told he is too high and has to come down; it is usually the other way around; so they have a problem. He stated ten inches above the crown of the road is irrelevant to the septic system situation.

Chairman Scarborough stated it is the septic system that bothers him and the fact that there are blinders on and people do not look at what they are doing to the neighbors' septic systems; they have to see what is going on around them; if not, there will be a mess; and 10.D-6 is a blind document. He stated if they would say it is better to be higher but because of adjoining property they will bring it down, that would make sense.

Discussion continued on draining on vacant lots, swales, berms, two lots with substantially different elevations, and no problem with subdivisions that are on sewer systems.

Commissioner O'Brien advised of a phone call from a constituent who said he paid a fee, the County sent out a roof inspector, but the inspector did not go on the roof and inspected it from the ground. He inquired why inspectors do not inspect roofs; with John Smith responding a heavy inspector walking on a roof could cause more damage than good. He stated licensed contractors pull those permits and are responsible for the proper installation of the roof; the only person who knows what goes on that roof is the person who installs the shingles because each shingle covers up what was done previously. Commissioner O'Brien inquired why do they waste time driving out to a house if the licensed contractor does it and they do not have a way to inspect it because the shingles cover things up; and what do they accomplish for the homeowner; with Mr. Smith responding they ensure the roof is finished. Commissioner O'Brien inquired about inspectors looking at what was done and how it was done and making sure hurricane straps are there, etc.; with Mr. Smith responding they inspect trusses and a framing inspection as well as check the anchors, hurricane straps, bracing, etc. before the roof covering is put on. He stated they go out to see that the roof is completed; they can see flashing from the ground, but to go up on the roof and lift shingles, walk on tiles, etc. they would do more damage to the roof and create a liability for the County. He noted they stopped doing roof inspections when an inspector fell off a roof, which was a long time ago.

Chairman Scarborough stated if all they are doing is standing on the ground and saying the roof is completed, do they need to go out there; and recommended staff put together a response and send it to all Commissioners because that is a separate issue.

Chairman Scarborough stated there is a desire to continue discussion on the matter, and rather than continue it to a time certain, he would prefer to hold it in abeyance until there is a response from Tallahassee and when it is timely to be put back on the Agenda. Commissioner Higgs stated that is okay, but does not address the other problems. She stated unless an engineer submits a drawing saying it will work, it is not going to solve the problem; there are two problems being considered; and when it comes back she would like to see multiple solutions to the different problems being presented. She suggested staff bring back discussion on the option of an engineering design being submitted as they would the plans. Chairman Scarborough stated he heard it drastically increases the cost and builders think they have a degree of competence to present sufficient drainage plans to adequately solve the problem. He stated only the more severe cases warrant the additional expense. Mr. Jenkins stated staff may want to ask the Homebuilders Association and Building and Construction Advisory Board to offer comments, and maybe they will come up with a solution.

Mr. Knox advised one of the solutions to the problem may be a revision to 10.D-6; there is a provision in the Administrative Procedures Act that allows people to propose rules; so if the homebuilders in the County came up with a rule that is applicable only in Brevard County because of the unique circumstances, it may be something staff could pose to Tallahassee. Commissioner O'Brien suggested adding it to the legislative package.

Chairman Scarborough requested time to hear from Representative Ball and have him write a memo to the Board. He stated the Board will take no action tonight, but will visit the issue again after the Homebuilders Association and Advisory Board looks at it.

RESOLUTION, RE: REVISING FEES AND RULES FOR GOLF COURSES

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve the fees for Spessard Holland, Savannahs, and Habitat Golf Courses, as presented. Motion carried and ordered unanimously.

Commissioner Higgs advised the youth golf association description used to include full-time college students; in this case they have not had a lot of them; but if they can present an identification, they should be included under that description.

Parks and Recreation Director Charles Nelson advised they did research on the identification issue and determined that they cannot tell the difference between a full-time and part-time student, but as an alternative, they could establish an age and college I.D. Commissioner Higgs suggested under the age 22 years. Mr. Nelson inquired if the rate would be the youth rate; with Commissioner Higgs responding affirmatively.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution revising schedule of fees and rules for Spessard Holland, Savannahs, and Habitat Golf Courses including in the definition of Youth Golf Association, full-time students up to age 22 with college I.D. and proof of age. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 9:03 p.m.

ATTEST:

TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
(S E A L)