May 8, 2001

The Board of County Commissioners of Brevard County, Florida, met in regular session on May 8, 2001, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Susan Carlson, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Ester Phillips-Dwyer, More Than Conquerors Community Church, Palm Bay, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve the March 20, 2001 and April 3, 2001 Regular Meeting Minutes. Motion carried and ordered unanimously.

EXECUTIVE SESSION, RE: NATIONAL ADVERTISING COMPANY v. BREVARD COUNTY

County Attorney Scott Knox stated he provided a memorandum yesterday to the Board on the case involving the National Advertising Company; and requested approval for an executive session on the matters raised in the memorandum for the next meeting.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve executive session for May 22, 2001 after the regular meeting concerning the National Advertising Company v. Brevard County case. Motion carried and ordered; Commissioner O'Brien voted nay.

REPORT, RE: TOWN MEETING IN PALM BAY

Commissioner Colon advised approximately 100 people attended the Town Meeting in Palm Bay she held on Saturday; and she got feedback from the people on Riverside and opposition to some of the projects the County is reviewing. She noted she invited individuals to attend the May 15, 2001 meeting where the Board may consider prioritizing the different road projects.

REPORT, RE: BIG SQUEEZE CELBRATION IN PALM BAY

Commissioner Colon stated she read an article in the Florida TODAY newspaper concerning the Big Squeeze event that took place in Palm Bay, and the cost for the Palm Bay police to
attend the celebration at $15,175; the Palm Bay Police Department got a bad rap out of the article; and it was only doing its job. She noted approximately 40,000 people were supposed to attend the event; the police officers were present and appropriately staffed, according to what was told to them, and need to get credit for the fine job they did; and they got put into the middle of a political scapegoat. She requested the police officers keep up the good job.

REPORT, RE: UNACCOUNTED FOR EQUIPMENT

Commissioner O'Brien stated Channel 9 Eyewitness News reported that Brevard County could not account for $555,000 worth of equipment; it is mostly a paper chase; and requested the County Manager provide a report to the Board and any interested parties. He noted he received a few telephone calls concerning it; the County recently changed its property personnel in Titusville; Orange County cannot account for $7 million of its equipment; and Volusia County cannot account for $89,000 of its equipment. He stated the public deserves an answer on what could cause this and what can be done to rectify the situation.

DISCUSSION, RE: LAND CLEARING PRACTICES

Chairman Carlson stated the Board received a memorandum dated May 2, 2001 from Assistant County Manager Peggy Busacca on land clearing practices; and requested the Board consider holding a workshop in July, 2001 to discuss the issue.

Commissioner Higgs stated she is happy to look at additional practices that may do a better job, but wants the Board to be definitive about what it wants to do, rather than open the whole thing up again; and she is reluctant to have a workshop if the Board is not going to be definitive in narrowing what it wants to do.

Chairman Carlson stated she needs additional specifics on some of the bullet items that were brought up; but she can get with staff to do another report with more specifics. She noted the end of the memorandum indicates there are a variety of options; and staff could put those in the report. Commissioner Scarborough recommended staff come back to the Board with a second report; and if there are issues that need public discussion, they will know what the Board will be discussing. Commissioner Higgs stated if the Board looks at specific recommendations, it has something it can manage.

DISCUSSION, RE: CONSENT AGENDA ITEMS

Chairman Carlson stated under the Consent Agenda, III.A.8. is Approval of Revised TDC Category E Cultural Events Grant Application Handbook; III.F.5. is Permission to Advertise Public Hearing to Consider Ordinance Amending Tourist Development Tax Ordinance; and III.A.8. includes one page of the updated description of the tax, which she assumes will happen after the Board passes the ordinance. County Manager Tom Jenkins noted it was done before the ordinance change; and it will be updated.

PRESENTATION, RE: ROY BRIDGES, KENNEDY SPACE CENTER DIRECTOR

Chairman Carlson stated the Board's normal policy is five minutes for presentations; and requested waiver of the policy to allow Roy Bridges to review what has been going on and any new and additional things that are happening at Kennedy Space Center (KSC).

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to waive the five-minute time limit to allow Mr. Bridges to give a presentation to the Board concerning issues at Kennedy Space Center. Motion carried and ordered unanimously.

Roy Bridges, Kennedy Space Center Director, stated KSC appreciates having the opportunity to update the County and its citizens on all the exciting things going on at KSC and on the Florida Space Coast; it is a blessing to be living in Brevard County due to the high quality of life and a beautiful place to live; and Brevard County is making a tremendous contribution toward the civilization of all human kind here on Earth with some of the things that are being done in space with the new international space station. He noted some of the Commissioners were unable to attend Communities Leaders Day; and he will be showing a video presentation summarizing things that have been going on at KSC over the past year. He stated a University of Florida Economic Study was conducted concerning contributions of KSC over Fiscal Year 2000; such Study indicated that KSC put approximately $1.3 billion into the Brevard County and Central Florida economy; $1.2 billion is into Brevard County, creating approximately 19,000 direct and indirect jobs; and one of the things KSC has been emphasizing this year in Tallahassee, working with the Legislators successfully on funding the new Space Experiment Research and Processing Laboratory (SERPL), is that aerospace is a Statewide issue, not just a Space Coast, Brevard County or Central Florida issue as space contributes approximately $4.5 billion to the Florida economy and there are space-related businesses in 26 counties. Mr. Bridges stated KSC has not done a complete economic study, but direct jobs alone tally up to 23,000 jobs in the space industry; it is significant for the State of Florida; KSC is pleased that the Legislature recognizes that and is putting more attention on space-related items; and the Legislature voted in its recent session for $16 million to complete the funding for the SERPL. He noted the Legislature voted for $14 million last year; and this is the rest of the $30 million that is needed to complete the facility. He advised KSC has begun construction of the road that connects S.R. 3, with S.R. 405, the Visitors Center, and new Commerce Park; it is the first phase of construction for the SERPL; the SERPL design is about 60% complete; and KSC plans to start construction on the building itself in October, 2001. He noted since the early 80's, KSC has had about 700 people that work on the shuttle living in a trailer park; the trailers are well past their design life; KSC has received approval and funding for a five-story office building that will be under construction in December, 2001; and it is about a $35 million project. Mr. Bridges stated the future is exciting; the County may have been following KSC's missions to the space station recently; there have been three very exciting missions that have gone up and seven in the last 11 months for the shuttle; and three more shuttle missions are scheduled this year. He noted KSC had an important expendable launch vehicle mission, the Mars Odyssey, in early April, 2001; it is going back to the red planet this time to do detail mapping of minerals and look for water on the planet, which it expects to find; and KSC has many other exciting expendable launch vehicle missions over the rest of the year. He stated KSC, Brevard County, many other counties in Central Florida, and the entire Legislative Delegation in Tallahassee have worked well together to have a win-win on SERPL that will not only provide a world class ground processing facility for the space station, but will also get the universities more connected with research that will be going on with the station; it has been very successful; the big picture of what is next is trying to get the first successful project in Space Commerce Park; and KSC is trying to do the right thing environmentally, given the Wildlife Refuge, and will only develop as needed. Mr. Bridges advised KSC is working on an educational complex where the Florida Space Research Institute, Astronauts Memorial Foundation, Brevard Community College (BCC), and other colleges and universities would like to do business at KSC, both research and educationally; and they would build the educational compliment to SERPL in nearby proximity so there may be classroom space as well as research space. He stated KSC will be working with the people he mentioned and others who want to be involved to see if they can pull together requirements and come up with a partnership that might be as successful as SERPL. He showed a video presentation to the Board and audience concerning the shuttle launches, international space station, SERPL, Space Commerce Park, next generation launch vehicles, NASA's partnership with the State of Florida, Spaceport Florida Authority, other State agencies, universities, and private contractors, input from government, industry, academia, and the community, expendable launch vehicles, Cape Canaveral Air Force Station, Merritt Island National Wildlife Refuge, Canaveral National Seashore, ground breakings, new technology, Florida Space Summit and Florida's future in space, KSC's fund raiser to donate bone marrow, KSC's voluntary services to build a Habitat for Humanity house, deliver hot meals to the elderly, and patch and paint a senior apartment complex, hosting the 2nd Annual Regional Revised Competition for students from around the United States, donation of 1,500 excess computers to schools in several States, educational opportunities, including workshops and programs, and the Space Flight and Life Sciences Training Program.

Chairman Carlson thanked Mr. Bridges for the presentation; and recognized Mr. Bridges' accomplishments and the 2001 Debus Award he recently received. She noted the Debus Award began in 1980; it was created to recognize significant achievements and contributions made in Florida to the American Aerospace effort; and she cannot think of a better recipient than Mr. Bridges. She stated one of the reasons Mr. Bridges was recognized is because of his progressive visionary leadership and contributions to space technology and exploration; and the whole community and the world thanks him for that, especially the United States.

Commissioner Scarborough stated he is pleased with the new relationships that are being created; it is exemplified at the State level; later on today the Board will be talking about how it can help get payloads out to KSC for the expendable launches; and the County considers itself a player and is here to help KSC. He noted he sees a transition in the attitude of KSC from just a launch facility to touching everything involved and the whole knowledge of mankind, as Mr. Bridges expressed; it is more than just a physical vehicle; and it is mankind reaching out to his destiny. He stated the Board appreciates Mr. Bridges' leadership; the Board also expresses its appreciation to all the people who work with Mr. Bridges; and the Board appreciates all the people on the Space Coast who also assist the space program.

Commissioner Scarborough read aloud a resolution commending Roy Bridges, Jr., Kennedy Space Center Director, for his outstanding leadership and services to Brevard County.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution honoring and commending Roy D. Bridges, Jr. for his outstanding leadership and service to the citizens of the United States, State of Florida, and Brevard County, Florida. Motion carried and ordered unanimously.

Chairman Carlson presented the Resolution to Mr. Bridges.

Mr. Bridges expressed appreciation to the Board for the Resolution on behalf of the entire KSC team; and stated the team has a partnership with Brevard County and appreciates all the support the County has given over the history of KSC, particularly during the last four and one half years he has been there.

RESOLUTION, RE: PROCLAIMING CIVILITY MONTH

Chairman Carlson read aloud a resolution proclaiming the month of May, 2001, as Civility Month.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution proclaiming the month of May, 2001, as Civility Month and calling upon the citizens of Brevard County to exercise civility toward each other. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING JOHN ONDERCIN

Commissioner Colon read aloud a resolution commending John Ondercin for his generous contribution to the Shriners Children's Hospital.

Motion by Commissioner Colon, seconded by Commissioner Higgs, to adopt Resolution commending John Ondercin for his generous contribution of $2,000 to the Shriners Children's Hospital, to better educate medical personnel. Motion carried and ordered unanimously.

Commissioner Colon presented the Resolution to Mr. Ondercin.

Mr. Ondercin stated it is a pleasure for him to participate and felt he owed something to the children of Brevard County; he likes the County and it has been good to him; he has enjoyed living and fishing in the County for 35 years; and he formed a fishing club 35 years ago, which is the largest one in the world with 400 boats and 1,500 participants.

George Little stated he cannot say enough about Mr. Ondercin and what he has done; expressed appreciation to Mr. Ondercin for his donation; and noted such donation will provide transportation for children to the hospitals who could not otherwise get treatment. He noted the people who are being served in Brevard County as a result of this will benefit greatly; Teresa Murke will be in Brevard County on Monday, June 4, 2001, starting at 9:00 a.m., and sessions will take place at Holmes Regional Medical Center, Wuesthoff Hospital, Cape Canaveral Hospital, and Parrish Medical Center. Mr. Little advised classes will be held June 4 through 6, 2001 and September 10-12, 2001; emergency room personnel will be trained on how to handle and stabilize a burned trauma victim; training will also go into the field to EMT's, fire rescue, and all fire department personnel; and requested the Board write a letter to Public Safety Director Jack Parker commending Jeffrey Money, Fire Training Chief, for the outstanding job he is doing with training classes.

PRESENTATION, RE: KEEP BREVARD BEAUTIFUL, INC.

The Board took no action on the presentation by Keep Brevard Beautiful, Inc. as there was no representative at the meeting.

RESOLUTION, RE: COMMENDING MICHAEL PI

Commissioner Colon read aloud a resolution commending Michael Pi for being the Elks National "Hoop Shoot" Free Throw Champion.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution commending Michael Pi for being the Elks National "Hoop Shoot" Free Throw Champion in the boys 10-to-11 year old Division in the State of Florida/Southeast Central Region, and placing second in the nation. Motion carried and ordered unanimously.

Commissioner Colon presented the Resolution to Michael Pi, who stated he had a good time being in the competition and traveling.

A representative of the Elks expressed appreciation to the Board for the Resolution; and stated the Elks are proud of Michael, and the job that the Elks and the Board do in recognizing youth and their accomplishments.

Commissioner O'Brien stated he is a charter member of the Merritt Island Elks Club; the Elks are famous for helping crippled children; they do a great job; and they visited his home when his child was born crippled.

FINAL PLAT APPROVAL, RE: SUNTREE BUSINESS CENTER

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant final plat approval for Suntree Business Center, 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 G-1, PHASE 4

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant final plat approval for Viera Tract G-1, Phase 4, 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.

RESOLUTION, RE: RELEASING CONTRACT FOR RIVER GROVES ON THE TRAIL,
PHASE I

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution releasing Contract dated July 25, 2000 with Falcon Realty & Development, for improvements in River Groves on the Trail, Phase I, as all improvements have been completed. Motion carried and ordered unanimously.

ESCROW AGREEMENT WITH BAYHILL LAND DEVELOPMENT COMPANY AND
COLONIAL BANK, RE: BAYHILL SUBDIVISION, PHASE 3

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Escrow Agreement with Bayhill Land Development Company and Colonial Bank guaranteeing improvements in Bayhill Subdivision, Phase 3. Motion carried and ordered unanimously.

ESCROW AGREEMENT WITH SAWGRASS LAND DEVELOPMENT COMPANY AND
COLONIAL BANK, RE: SAWGRASS AT SUNTREE, PHASE 4

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Escrow Agreement with Sawgrass Land Development Company and Colonial Bank guaranteeing improvements in Sawgrass at Suntree, Phase 4. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
ORDINANCE NO. 00-36, UNPAVED ROAD PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing to consider an ordinance amending Ordinance No. 00-36, Unpaved
Road Program, to clarify construction requirements relating to the 1,320 feet condition. Motion carried and ordered unanimously.

APPROVAL, RE: REVISED TDC CATEGORY E, CULTURAL EVENTS GRANT
APPLICATION HANDBOOK

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve the revised TDC Category E, Cultural Events Grant Application Handbook, which includes eligibility requirements, types of grants available, criteria for evaluation, instructions, and application forms, to provide new timeline for application deadlines and meeting dates, increase maximum amounts an applicant may apply for, allow grant panel members to evaluate and score applications prior to hearing proposals, and require post event accounting of grant activity. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH FLORIDA INLAND NAVIGATION DISTRICT, RE: DISTRICT 2
MAINTENANCE DREDGING

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Lease Agreement with Florida Inland Navigation District (F.I.N.D.) for a parcel of land designated as Dredged Material Management Area BV-11 to be used for temporary dewatering of material
from the dredging of the Indian River Lagoon and associated canals; grant permission to bid and award bid to lowest qualified bidder for maintenance dredging in District 2; and authorize budget amendments associated with the project. Motion carried and ordered unanimously.

AMENDMENT NO. 2 TO AGREEMENT WITH THADDEUS COHEN ARCHITECTS, RE:
SOUTH MAINLAND (MICCO) COMMUNITY CENTER GYMNASIUM

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Amendment No. 2 to Agreement with Thaddeus Cohen Architects for South Mainland (Micco) Community Center Gymnasium, increasing contract price by $2,000 to provide electrical drawings for a voice evacuation system. Motion carried and ordered unanimously.

RATIFY AMENDMENTS TO LEASE AGREEMENTS WITH INTERCHANGE SQUARE,
LIMITED PARTNERSHIP, RE: SPACE FOR TAX COLLECTOR, PROPERTY
APPRAISER, AND SUPERVISOR OF ELECTIONS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to ratify Amendments to Lease Agreements with Interchange Square, Limited Partnership for office space occupied by
the Tax Collector, Supervisor of Elections, and Property Appraiser signed by the Chairman on February 26, 2001. Motion carried and ordered unanimously.

RESOLUTION ACCEPTING WARRANTY DEED WITH GLEN A. YOST, RE: ADDITIONAL
CUL-DE-SAC ON HARBOR POINT DRIVE

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution accepting a Warranty Deed from Glen A. Yost for additional right-of-way to construct a cul-de-sac on Harbor Point Drive. Motion carried and ordered unanimously.

APPROVAL, RE: ONE FULL-TIME CONSTRUCTION PROJECT SPECIALIST POSITION
FOR FACILITIES CONSTRUCTION

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve one full-time Construction Project Specialist (Operations Specialist IV) position for Facilities Construction; and authorize the County Manager to make the necessary budget changes. Motion carried and ordered unanimously.

RESOLUTION, RE: AMENDING RESOLUTION NO. 99-258, BREVARD COUNTY MARINE
ADVISORY COUNCIL

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution revising Resolution No. 99-258, to adopt the Mission Statement and Scope of Services submitted by the Brevard County Marine Advisory Council. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH STEVEN M. ANDERSON, TRUSTEE, RE: OFFICE SPACE
FOR PARKS AND RECREATION DEPARTMENT EELS PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Lease Agreement with Steven M. Anderson, Trustee, for office space at 5560 N. U.S. 1 in Melbourne, to house the Parks and Recreation EEL's Program. Motion carried and ordered unanimously.

RESOLUTION AND NON-EXCLUSIVE ACCESS EASEMENT WITH TOWN OF MALABAR,
RE: USE OF MALABAR SCRUB SANCTUARY ENTRANCE ROAD FOR ACCESS
TO TOWN'S PARK

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution and execute Non-exclusive Access Easement to the Town of Malabar for use of the Malabar Scrub Sanctuary's entrance road for access to the Town's Park. Motion carried and ordered unanimously.

AUTHORIZE SOLE SOURCE PURCHASE FROM TEDDER BOAT RAMP SYSTEMS, INC.,
RE: INSTALLATION OF BOAT RAMP AT STOSBERG PARK

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to waive bid requirements and authorize sole source purchase of services from Tedder Boat Ramp Systems, Inc. to install a boat ramp at Stosberg Park; and authorize the Chairman to execute the associated Contract. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE FOR BIDS, AWARD BIDS, AND EXECUTE CONTRACTS,
RE: CONSTRUCTION OF PARK PROJECTS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant permission to advertise formal bids, award bids to lowest qualified bidders, and authorize the Chairman to execute the Contract for Spaceview Park Dock Replacement, Harry T. and Harriette V. Moore Memorial Park, Lee Wenner Park Redesign, and Provost Park Renovations. Motion carried and ordered unanimously.

APPROVAL, RE: RIDE TO READ SUMMER YOUTH PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve the Ride to Read Summer Youth Program sponsored by Brevard County Library Services and Space Coast Area Transit (SCAT) for the 2001 School Summer Break, with SCAT providing free rides to eligible youth displaying their library cards. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 TO AGREEMENT WITH M. D. UTILITY CONSTRUCTORS, INC.
AND FINAL PAYMENT, RE: S-9 FORCE MAIN IMPROVEMENTS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve Change Order No. 2 to Agreement with M. D. Utility Constructors, Inc. for S-9 Force Main Improvements, increasing contract price by $10,676 for additional fittings to install the force main in the location shown on the drawings; and authorize final payment to the contractor for the project. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE FOR BIDS AND AWARD BID, RE: CONTRACT FOR
DISPOSAL OF SEPTAGE BIOSOLIDS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant permission to bid contract for disposal of septage biosolids; and authorize award of bid to the lowest qualified bidder. Motion carried and ordered unanimously.

RESOLUTION, RE: ISSUANCE OF HEALTH CARE REVENUE BONDS, SERIES 2001
(HEALTH FIRST, INC. PROJECT)

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution approving the issuance by the Brevard County Health Facilities Authority of its Health Facilities Revenue Bonds, Series 2001 (Health First, Inc. Project) in an aggregate principal amount not to exceed $80,000,000 the proceeds from the sale of which will be used principally to finance certain capital improvements for Health First, Inc., and its affiliates; and providing an effective date. Motion carried and ordered unanimously.

RESOLUTIONS, RE: APPROVING NORTH BREVARD RECREATION SPECIAL DISTRICT,
MERRITT ISLAND RECREATION MSTU, AND SOUTH BREVARD RECREATION
SPECIAL DISTRICT PARKS REFERENDUM PROJECT BONDS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt a Resolution of the Board of County Commissioners of Brevard County, Florida, sitting as the governing body of the North Brevard Recreation Special District authorizing the issuance of not exceeding $15,100,000 Limited Ad Valorem Tax Bonds (Parks and Recreation Program), Series 2001 of the District for the purpose of financing the costs of certain parks and recreation projects within the District; authorizing the acquisition, development and improvement of such projects; providing for the levy of limited ad valorem taxes within the Special District for the payment of the Bonds; making certain covenants and agreements in connection therewith; authorizing the Chair of the Board of County Commissioners and the Clerk or Deputy Clerk of the County on behalf of the District to award the sale of such Bonds based on bids submitted at public sale and approving the conditions and criteria of such sale; specifying the date, interest rates, interest payment dates, provisions for redemption, series designation and maturity schedule of such Bonds; ratifying the form of a draft Notice of Sale, Bid Form, Summary Notice of Sale and Preliminary Official Statement; authorizing and ratifying the circulation of a Preliminary Official Statement; authorizing the Chair of the Board of County Commissioners on behalf of the District to deem final the Preliminary Official Statement for purposes of Securities and Exchange Commission Rule 15C2-12, and authorizing the execution and delivery of a Final Official Statement; approving the form of and authorizing the execution and delivery of a continuing disclosure undertaking; designating the registrar and paying agent for said Bonds; providing certain covenants for the benefit of the bondholders and bond insurer as an inducement to issue a municipal bond insurance policy with respect to the Bonds; providing for the rights of the holders of said Bonds; providing for an effective date for this Resolution; and providing certain other details with respect thereto. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt a Resolution of the Board of County Commissioners of Brevard County, Florida, authorizing the issuance of not exceeding $13,000,000 Limited Ad Valorem Tax Bonds (Merritt Island Recreation Municipal Service Taxing Unit Parks and Recreation Program), Series 2001 of the County for the purpose of financing the costs of certain parks and recreation projects within the Merritt Island Recreation Municipal Service Taxing Unit; authorizing the acquisition, development and improvement of such projects; providing for the levy of limited ad valorem taxes within the Municipal Service Taxing Unit for the payment of the Bonds; making certain covenants and agreements in connection therewith; authorizing the Chair of the Board of County Commissioners and the Clerk or Deputy Clerk of the County to award the sale of such Bonds based on bids submitted at public sale and approving the conditions and criteria of such sale; specifying the date, interest rates, interest payment dates, provisions for redemption, series designation and maturity schedule of such Bonds; ratifying the form of a draft Notice of Sale, Bid Form, Summary Notice of Sale and Preliminary Official Statement; authorizing and ratifying the circulation of a Preliminary Official Statement; authorizing the Chair of the Board of County Commissioners to deem final the Preliminary Official Statement for purposes of Securities and Exchange Commission Rule 15C2-12, and authorizing the execution and delivery of a Final Official Statement; approving the form of and authorizing the execution and delivery of a continuing disclosure undertaking; designating the registrar and paying agent for said Bonds; providing certain covenants for the benefit of the bondholders and bond insurer as an inducement to issue a municipal bond insurance policy with respect to the Bonds; providing for the rights of the holders of said Bonds; providing for an effective date for this Resolution; and providing certain other details with respect thereto. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt a Resolution of the Board of County Commissioners of Brevard County, Florida, sitting as the governing body of the South Brevard Recreation Special District authorizing the issuance of not exceeding $45,000,000 Limited Ad Valorem Tax Bonds (Parks and Recreation Program), Series 2001 of the District for the purpose of financing the costs of certain parks and recreation projects within the District; authorizing the acquisition, development and improvement of such projects; providing for the levy of limited ad valorem taxes within the Special District for the payment of the Bonds; making certain covenants and agreements in connection therewith; authorizing the Chair of the Board of County Commissioners and the Clerk or Deputy Clerk of the County on behalf of the District to award the sale of such Bonds based on bids submitted at public sale and approving the conditions and criteria of such sale; specifying the date, interest rates, interest payment dates, provisions for redemption, series designation and maturity schedule of such Bonds; ratifying the form of a draft Notice of Sale, Bid Form, Summary Notice of Sale and Preliminary Official Statement; authorizing and ratifying the circulation of a Preliminary Official Statement; authorizing the Chair of the Board of County Commissioners on behalf of the District to deem final the Preliminary Official Statement for purposes of Securities and Exchange Commission Rule 15C2-12, and authorizing the execution and delivery of a Final Official Statement; approving the form of and authorizing the execution and delivery of a continuing disclosure undertaking; designating the registrar and paying agent for said Bonds; providing certain covenants for the benefit of the bondholders and bond insurer as an inducement to issue a municipal bond insurance policy with respect to the Bonds; providing for the rights of the holders of said Bonds; providing for an effective date for this Resolution; and providing certain other details with respect thereto. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION
AND NEGOTIATION COMMITTEE, AND EXECUTE CONTRACT, RE: INTERNAL
AUDITING SERVICES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant permission to advertise Request for Proposals for internal auditing services; appoint the Internal Audit Committee as the Selection and Negotiation Committee; grant permission to award the proposal; and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH SCHOOL BOARD OF BREVARD COUNTY, RE:
SHARED USE OF EXERCISE FACILITY IN GOVERNMENT CENTER AT VIERA

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Interlocal Agreement with the School Board of Brevard County for shared use of the exercise facility in the Government Center at Viera. Motion carried and ordered unanimously.

APPROVAL, RE: COURTHOUSE OPTIONS WORKSHOP DATE

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to schedule a workshop on May 29, 2001 at 9:00 a.m. to discuss the Courthouse Options. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING SPACE COAST MIDDLE SCHOOL

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution commending Space Coast Middle School for its selection as a National Service-learning Leader School. Motion carried and ordered unanimously.

RESOLUTIONS, RE: COMMENDING MEMBERS OF TEAM COMBBAT

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolutions commending the members of Team ComBBAT which competed in the 2001 For Inspiration and Recognition of Science and Technology (F.I.R.S.T.) Robotic Competition and won second place at the Kennedy Space Center Southeast Regional, fourth place and sportsmanship award at Houston, Texas Regional, and second place in the Archimedes Division at the National Finals Competition held at EPCOT. Motion carried and ordered unanimously.

RESOLUTIONS, RE: COMMENDING RETIRING TEACHERS IN DISTRICT 1

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolutions commending Stanley Detson from Titusville High School, Rosanne Goodwin from Apollo Elementary School, Patricia Patterson from Riverview Elementary School, and Diane Simpers from Enterprise Elementary School for their outstanding commitment to the residents of Brevard County, and extending best wishes for an enjoyable retirement. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO CONTRACT WITH FLORIDA DEPARTMENT OF REVENUE, RE:
CHILD SUPPORT ENFORCEMENT

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Amendment No. 1 to Contract with the Florida Department of Revenue for Child Support Enforcement reimbursement of up to $45,359.70. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
TOURIST DEVELOPMENT TAX ORDINANCE

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing to consider an ordinance amending the Tourist Development Tax Ordinance to reallocate the 25% of the third cent at 60% for the Zoo, 20% for Brevard Cultural Alliance, and 20% for promotion and advertising County tourism. Motion carried and ordered unanimously.

REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to reappoint Bob Fritz and Joanne Farley to the Brevard Commission on Aging, with terms of appointments expiring December 31, 2001. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve Bills and Budget Changes, as submitted. Motion carried and ordered unanimously.

APPROVAL, RE: APPLICATION FOR COPS IN SCHOOLS GRANT

Sheriff Philip Williams stated before the Board is an application that the Sheriff's Office was made aware of about one month ago that provides a grant to supplement school resource officers in all of the unincorporated schools; the details of the grant and the bifurcation of the expenditures will be given by Wayne Butler, who wrote the grant and applied for it; and Deborah Barker is also present to answer any questions on the funding issue. He noted all the high-hazard employees of the State of Florida, firemen, Florida Department of Law Enforcement (FDLE) agents, Florida Highway Patrolmen, and deputy sheriffs throughout the State are very grateful to the boards and commissions that recognize the importance of participation and passage of Senate Bill 2, which restores their retirement benefits; the Board was one of a handful that took the initiative to write, as it has done in the prior year; and all of the high-hazard individuals that are retired and in the DROP Program are grateful and thank the Board for its support.

Sheriff Williams stated the grant will allow the Sheriff's Office to place school resource officers in 16 schools in unincorporated Brevard County, primarily elementary schools; it is an excellent opportunity, as his Office's goal and that of the School Board is to provide the safest schools in the United States; unfortunately, the County has incidents occurring in schools, including elementary schools, that are horrific in their consequences; and it is presented with an opportunity to do something in a proactive positive way. He noted he met with Superintendent of Schools Dr. Richard DiPatri and explained how the grant would work; it is a one-third match by the County and provides equipment, salaries, benefits, etc. for the deputies involved; the grant covers a span of three years, with a one-third match by the County; and after that, as a condition of the grant, the Sheriff's Office would agree to keep those 16 officers in the schools. Sheriff Williams stated the School Board's contribution would not be effective until the fourth year as MSTU and the federal grant would provide funding for the first three years; after the end of the fourth year, the Sheriff's Office is not bound by grant conditions to continue them at the schools; if schools change or if a school resource officer is deemed not necessary, those officers can be moved to road patrol or any other assignment, should it be the prudent thing to do; and the grant allows some flexibility.

Commissioner Higgs inquired what is Sheriff Williams' priority, the school resource officers, domestic violence unit, or road deputies. Sheriff Williams responded it does not have to be which of the three; the Board has the opportunity to look at providing safe schools, with 66% paid by the federal government. He noted he has been asked every year by the Board for a plan of three or five years; 16 deputies out of the MSTU, one deputy per squad per precinct for the next five years is the plan that he has submitted to the Board this year; the priority for the domestic violence investigators are General Fund positions; and the General Fund can pick up the tab for the domestic violence people because those will serve both unincorporated and incorporated Brevard County. He stated the 16 road patrol deputies are the priority out of the MSTU; should the Board choose not to match the funding for the school resource officers grants, they will simply go away; he found this opportunity for the Board to take advantage of it; and whether it does or not, he can do no more than present it to the Board.

Commissioner Higgs stated the Board and Sheriff need to negotiate in the process on some way of recognizing the Sheriff's priority.

Sheriff Williams stated there are two issues that need to be discussed, the MSTU millage and the County budget, and what is the Board's priority as to law enforcement, including what portion of the pie does the Sheriff's Office share within the existing resources now as compared to other counties that provide this service to their constituents; so it may not be an increase in dollars and may be a shifting of priorities and dollars, which would result in zero tax increase. He stated every time he appears before the Board and asks for a new position he is told the Board is going to have to raise taxes; but that is not necessarily so, as there could be some hard leadership choices made as to where the dollars go. Commissioner Higgs noted Sheriff Williams is not willing to tell her his priority today, whether it is the school resource officers, deputies, or domestic violence. Sheriff Williams stated he has a priority in the General Fund, which is something the citizens of Indialantic, Melbourne Beach, Indian Harbour Beach, Satellite Beach, Rockledge, Cocoa, Melbourne, Palm Bay, and Titusville already pay into; he needs to assist them with domestic violence investigators; and it is the number one priority in the General Fund. He stated now that there are over 200,000 people in the unincorporated area and 129 deputies, he would like to add 16 deputies; and it is a number one priority. He noted should the Board want to reach out to the school system and make the elementary schools some of the safest schools in the State of Florida, there is an opportunity over three years to purchase a tremendous amount of resources for one-third of the cost.

Chairman Carlson stated a couple of years ago, Sheriff Williams went through a visioning process; perhaps the Board needs to reflect back on it; the Sheriff may have a strategic plan that goes with it; and requested Sheriff Williams provide the information to the Board to help it understand the submittals.

Commissioner Colon stated the incorporated areas, such as the Cities of Melbourne and Palm Bay, are able to use funds for their resource officers; the unincorporated areas do not have that manpower; the Sheriff is trying to be on the same level playing field that the rest of the schools are; and he is doing his job by bringing this issue to the Board. She requested the Sheriff's Office provide information concerning road deputies from 1990 to present and the Sheriff's budget for each year, including MSTU funds and the General Fund; and stated Brevard County's population has grown dramatically. Sheriff Williams stated his Office can provide the information to the Board; he apologizes for the 11th-hour presentation, but it is a new grant program that was released a few weeks ago; Brevard County is probably one of the first in the State to apply for it; and the deadline for grant acceptance is May 11, 2001. He stated he talked to Dr. DiPatri, and should the School Board continue with its consistent philosophy it has exhibited for many years with the municipalities and Sheriff's Office in matching half the salary for the months school is in session, it would ease the fourth-year expenditure by the County. Sheriff Williams provided copies of a letter to the Board from Dr. DiPatri. Chairman Carlson requested the Board receive such information in detail, as it is not apparent in the agenda item.

Chairman Carlson inquired is the grant targeted for elementary schools; stated the agenda item indicates there are only five junior high and high schools covered with school resource officers; and inquired is it a bigger priority than putting the officers in junior high and high schools. Sheriff Williams responded negatively; stated his Office wanted to start the program in 1997; it could only have five officers funded at that time; they are General Fund positions and service junior high and high school children who live in the incorporated and unincorporated areas; and it is a shared resource by the taxpayers. He stated elementary schools are somewhat different; the priority was a high school and there is one resource officer; there are four resource officers at junior high schools; and those are now being covered.

Commissioner Higgs inquired which of the cities are covering their elementary schools; with Sheriff Williams responding he does not know. Sheriff Williams stated schools in the unincorporated areas of Brevard County would be covered by the grant.

Mr. Sadoran, representing the School Board, stated there are 54 elementary schools in the School District; this would be the first formal school resource officer agreement for elementary schools in Brevard County; however, the other police agencies are in elementary schools, either with a version of the GREAT Program, which is a gang resistance program, or the DARE Program. Commissioner Higgs stated none of the municipalities are stepping up right now saying they are going to put school resource officers in the other elementary schools; and inquired do any School Districts in the State of Florida have full-time school resource officers in elementary schools; with Mr. Sadoran responding he does not know about other schools in the State.

Commissioner O'Brien noted there is a need for school resource officers in junior high schools and high schools; Dr. DiPatri's letter indicates the Sheriff supports safe school activities, which is important, the initiative is consistent with the Brevard County Public Schools Strategic Plan, and places safe and violence-free schools on the top of its agenda; and inquired why the Board is talking about paying for it. He stated the School Board's responsibility includes safety of the schools; he can understand school resource officers in high schools helping to solve drug problems; he does not foresee crime-solving as part of the agenda for the officer in the school; and public safety of the students in the school goes back to being a School Board responsibility, not the Board of County Commissioners. He noted if the Sheriff can get the County to pay for it, the School Board does not have to; Brevard County has roads to build, sewers to install, infrastructure improvements to make, and needs to put deputies on the road; and expressed concern with the County picking up the slack for the School Board.

Sheriff Williams stated Commissioner O'Brien makes a valid point and he understands it; unfortunately, some of the grants require that the law enforcement agency be the applicant and not a school board; some of the grants require that the law enforcement agency be the administer; but more importantly is that the child molester, child abductor, or drunk driver that comes by the side streets do not pay much attention to the niceties of jurisdiction. He noted if a sexual predator moves within 1,000 feet of a school, it will be the deputy who finds the individual, not the School Board police; he understands that it seems like another burden on the County; sometimes in discussing major issues it is the County's obligation to consider whether or not it can step up to the plate; and if it cannot in this instance, it cannot; but he needed to bring it to the Board's attention today. He stated he is sure the municipalities will get wise to the existence of this new grant process; and they may be applying already.

Wayne Butler stated it has to be a law enforcement agency that applies for the grant. Commissioner Higgs noted although the law enforcement agency has to apply for the grant, it does not mean that the School Board could not give the money. Mr. Butler responded it is a planning issue; the County has to come up with the funding for it; the match has to come from the law enforcement agency; and the School Board cannot provide the match for the grant, according to the Department of Justice. Commissioner Higgs noted the School Board could give it to Brevard County; with Mr. Butler responding it is a technical issue of supplanting. Commissioner Higgs noted the County is not supplanting anything. Chairman Carlson stated an interlocal agreement could be made with the School Board. Mr. Butler noted it is his understand that the match has to come from the Sheriff's Office; he received specific instructions from Department of Justice on it; and he can get further clarification from the Department, but it was clear to him that the match had to come from the Sheriff's Office.

Commissioner Scarborough stated there are some places in the United States where the school system and the county are not separate entities, but one in the same; there is a merging; and he does not know how it would work. He inquired what would the school resource officer do. Mr. Butler responded the officers go through a training that teaches them how to do conflict resolution with students; there is a different role in an elementary school than in junior high or high school; crime is not so much the issue among students in elementary school; and the officer is there primarily for the safety and security of students and staff. He noted there would be a great deal of interaction with the students; the officer would teach the DARE Program in the school, as well as be there for necessary counseling; and he is not a school resource officer, so he cannot speak to the exact functions. Commissioner Scarborough stated the State wants to cut taxes and programs; the County will have to pick up the programs; it is in a tremendous crunch; and the people of Brevard County want the Board to be responsible. He noted it would be helpful for the Board to get a better understanding of what the school resource officers are, and why and what they are needed for; he has more knowledge about the need for domestic violence investigators than he does school resource officers; and sometime later there may be somebody less on the road because he approved this item today. Mr. Butler stated the program is a popular one across the country; the Department of Justice is funding it, similar to a program it funded early on that is depleting; the funds for the School Resource Officers Program are depleting, as well as a lot of programs that offer manpower as opposed to technology; and this is a perfect opportunity to take advantage of the Program and get the officers in the schools. He noted there is national research that uses the Program as part of the community policing strategy for a law enforcement agency to address the underlying factors to crime and the fear of crime among students. Commissioner Scarborough stated the item is more vague than the domestic violence presentation he heard previously; and perhaps Mr. Butler can meet with each Commissioner and explain the issue in more detail.

Commissioner Colon stated she is familiar with resource officers; this year alone they were able to tell the County that guns were brought into schools; if Commissioners would like additional data of what schools had guns she can get the information; and drugs were also confiscated. She noted there needs to be a partnership between the County and the School Board; the Sheriff's Office and law enforcement are trying to keep the children safe; Brevard County has come a long way from having school teachers not only teaching reading and math, but also teaching the children to say no to drugs; and resources officers will be the thing of the future.

Commissioner Higgs stated no one is against safe kids; and the Board has supported the school resource officers it provides. She requested Mr. Butler provide information and statistics in regard to elementary school resource officers and where they are being used in the State of Florida and United States. Commissioner Scarborough stated he would like to visit with a school resource officer from a junior high school; the Board needs to know the reasons why school resource officers are needed at the elementary schools; and requested the Board defer the item until the end of the meeting. Sheriff Williams stated his Office can have a school resource officer available after lunch. Commissioner Higgs inquired are the school resource officers full-time in the elementary schools. Sheriff Williams responded the School Board has been generous in working with such officers' role in the schools; the flexibility is there; and he can provide information to the Board after lunch concerning what the school resources officers do day to day. Commissioner Scarborough inquired can a school resource officer respond to another issue if the need arises. Sheriff Williams responded they can assist if there is an emergency, but not for the routine issues; the average deputy has eight minutes per hour when he or she is not actually doing something; the proactive nature of what they could do around an elementary school is zero; and they cannot notify residents of sexual predators that move into the neighborhood of an elementary school. He noted if a sexual predator lives 1,001 feet away from an elementary school, the school resource officer will have pictures of the pervert, walk around the neighborhoods, and tack them on doors. Commissioner Higgs inquired can a school resource officer be part of outside an elementary school, including the law enforcement presence in terms of school speed zones and school bus stops to insure the safety there or traffic control around such bus stops; with Sheriff Williams responding affirmatively. Sheriff Williams noted the role is yet to be defined as no one has really done it. Commissioner Higgs stated that is why the Board is having a hard time understanding how this fits into the other priorities in terms of a safe community; and Sheriff Williams is helping her understand that this could fit into the bigger picture. Sheriff Williams stated the grant would take care of 10,000 children, and 16 schools; and the immediate surrounding areas would be well served.

Chairman Carlson inquired what guarantee does the County have that it can keep the 16 school resource officers at the elementary schools. Sheriff Williams responded Dr. DiPatri indicated if he has the opportunity to have one school resource officer per school, he will put them there; and the principals were surveyed and all of them wanted a school resource officer. Chairman Carlson inquired if the School Board has a policy that says a school will have a school resource officer; with Sheriff Williams responding he does not know.

Mr. Sadoran stated the school resource officers work with parents to help bond parents and young elementary school children together, which is important; such officers could facilitate projects, programs and policies that would allow the children not to be bullied in school and to have a closer affiliation with the school; and it helps prevent delinquency. He noted the school resource officers would be assigned to 16 schools; Dr. DiPatri has been clear about that; and there is a great deal of flexibility, and probably more so at elementary school campuses than the high school campuses. Chairman Carlson inquired does the School Board have a policy that there will be a school resource office assigned to a certain school always; with Mr. Sadoran responding affirmatively. Mr. Sadoran noted he has not had any principals say they do not like school resource officers and do not want them in their schools.

DISCUSSION, RE: LAW ENFORCEMENT MSTU ORDINANCE

Sheriff Williams stated part of the five-year outlook on the way to solve the ratio would be to add 16 deputies a year for the next five years in the Municipal Service Taxing Unit (MSTU); there are four precincts in the County and some of them overlap one or more Districts; and the workload and calls for service are equally distributed between the four precincts as they exist today. He noted North Precinct goes to Camp Road and Volusia County; West Precinct goes west of U.S. 1 to Post Road and encompasses West Cocoa, Viera, Suntree and Canaveral groves; East Precinct is primarily Merritt Island and pockets of A1A where there are no municipal law enforcement services; and South Precinct runs south of Post Road to Indian River County. He stated the workload being distributed equally would add one deputy per squad per precinct; it is a steady buildup; Brevard County is a 1.4 officers per thousand people; and it would give each area of the County an equal number of officers to correspond to their workload demands.

Commissioner O'Brien stated the Sheriff is asking the Board to make a $1 million decision this morning, but it does not have enough information; he understands the Sheriff's point about sexual predators and those kinds of people who might be hanging around elementary schools, but the Sheriff's Office already takes care of that now as it is part of its job beyond the schools' borders; and expressed concern putting officers in the schools, especially elementary schools. He noted everybody wants their children protected and that is where it goes back to the school Board; it must insure the safety of its students within its boundaries and that is its job and not the County's, as its job is to make sure the sidewalks are not cracked so the children do not get hurt, and it also takes care of the crossing guards.

Commissioner Higgs stated the County needs to do something in the MSTU this year; it will involve going over the Ordinance limit; Option 1, which is an amendment to the Law Enforcement MSTU Ordinance, is an obvious thing that needs to be done; and whether or not the County further divides the MSTU so that it is more specific in regard to coverages may be an option to review. She noted the Board should move forward to advertise amendments to the MSTU Ordinance; it is not setting a millage or making that commitment today; but it may come up against it; and it is obvious that the Board is going to be involved in some change to it and may have to increase the number of deputies that are on the road.

Sheriff Williams stated he looks forward to working with the Board through the budget process; and his Office can provide additional details.

Commissioner O'Brien stated amending the Law Enforcement MSTU Ordinance is not the route the County may want to travel; the public has been good at letting the Board know which direction they want it to take through referendum; there is an opportunity have a Countywide referendum for General Fund and MSTU to exceed the cap-it millage constraints or to reestablish Law Enforcement MSTU by Districts; and there are many selections to be made. He noted the cap-it limit is projected to be at 3%; what is being asked for exceeds the 3% cap-it limit; and the people should be allowed to speak if the County is going to start spending this kind of money over a long period of time.

County Manager Tom Jenkins stated the County staff put the item on the agenda; the options provided are from staff and not the Sheriff's Office; the Board has briefly discussed looking at dividing the Districts the way it used to be; the one distinct advantage of it is that there may be the urban areas of Brevard County that want a higher level of service and are willing to pay for it; and there may be some rural areas that are satisfied with their level of service.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Option 1, to amend the Law Enforcement Municipal Service Taxing Unit (MSTU) Ordinance, as the Sheriff is requesting 16 additional deputies a year for five years and a 10% salary increase for Deputy Sheriffs in FY 2001-2002; and direct staff to work with the Sheriff on advertisement of the ordinance and options to be considered for the Sheriff's Budget for FY 2001-2002.

Commissioner Colon requested the Sheriff's Office provide information to the Board concerning the number of telephone calls coming in and how they have increased through the years. Sheriff Williams stated his Office will provide the information by precincts, including the various problems and concerns.

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

Chairman Carlson noted the Sheriff's Office will be back with details after lunch. Sheriff Williams stated Sergeant Paul Wrang will be present to answer any questions; and if Mr. Butler has presented the grant to him the way that Department of Juvenile Justice (DJJ) wrote it, the issues discussed would come under the flexibility of the grant. Chairman Carlson stated the Board will further discuss the school resource officers at 1:00 p.m. after the lunch break.

The meeting recessed at 11:04 a.m. and reconvened at 11:15 a.m.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENTS IN CANAVERAL GROVES SUBDIVISION, REPLAT OF UNIT 3 -
KEITH O. AND RAE A. WILLIAMS

Chairman Carlson called for the public hearing to consider a resolution vacating public utility and drainage easements in Canaveral Groves Subdivision, Replat of Unit 3, as petitioned by Keith O. and Rae A. Williams.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution vacating public utility and drainage easements in Canaveral Groves Subdivision, Replat of Unit 3, as petitioned by Keith O. and Rae A. Williams. Motion carried and ordered unanimously.

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

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

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

PUBLIC HEARING, RE: RESOLUTION APPROVING MID-YEAR SUPPLEMENTAL
BUDGET FOR FY 2000-2001

Chairman Carlson called for the public hearing to consider a resolution approving Mid-year Supplemental Budge for FY 2000-2001.

Assistant County Manager Stockton Whitten stated as required by Chapter 129, Florida Statutes, the Budget Office is presenting the Mid-year Supplemental Budget for FY 2000-2001; the total of all budget supplements and amendments included in the Mid-year Supplemental Budget increases the County's total budget by $36,170,017, from $676,209,444 to $712,379,461; and the changes primarily include new grants, carryover items from the prior fiscal year, previously approved budget supplements, distribution of the unallocated balance forward from last fiscal year, and the distribution of funds reserved for Board-approved pay increases.

Commissioner O'Brien stated the Board received copies of a memorandum from Parks and Recreation Director Chuck Nelson; $171,188 from the Merritt Island/Beaches Parks Operations Budget was to be sent back to the General Fund and reallocated in a different manner; the playground at Lori Wilson Park in Cocoa Beach has gone far beyond its useful life and has to be replace; and the playground at Rotary Park on Merritt Island also has to be replaced. He noted both playgrounds do not meet the current accessibility standards; and in order for them to be completed, the funding has to be there. Commissioner Scarborough stated if Commissioner O'Brien wants to make a motion for the projects, he will second it.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to allocate funds for replacement of the wooden playground at Rotary Park on Merritt Island at $110,000 and the wooden playground at Lori Wilson Park at $45,000, from the Merritt Island/Beaches Parks Operations Budget.

Commissioner Higgs stated there was cash forward in Wickham Park, Merritt Island, South Parks and Parks Administration; staff reallocated some of those in the mid-year, but did not do the particular wooden structures; and inquired if staff has some other plan for replacing them.

Parks and Recreation Director Chuck Nelson stated historically staff has used the dollars to allocate for projects it has identified, but have been unfunded because of lack of basic budgeting at the beginning of the year; there are playground projects throughout the County that have not met the funding requirements; and staff has identified projects, but would historically wait until the Board has gone through the budget process of allowing staff to keep those funds. He noted this year staff has done it differently in that there were bigger issues and a transition of the process where it was not keeping its savings. Commissioner Higgs inquired about other wooden structures of a similar vintage around the rest of the County. Mr. Nelson responded the structure that needs the most significant help and replacement is at Flutie Park; it is not part of the referendum project and is similar to the Rotary Park structure; and it has reached the end of is life and needs replacement.

Commissioner Higgs stated if Flutie Park is the other project of similar vintage, the County should include it in the replacement of structures. Commissioner Scarborough stated because the County gets MSTU monies into the mix with the General Fund, historically when a fund had unallocated balance it was carried forward because of the math of trying to divide it up; District 2 has an unfunded balance, that is basically falling under a new rule to pull it back into the General Fund; if Commissioner O'Brien had known about it and there is change in policy, he would have advanced certain projects so the funds would not have sat out there; and it is unfair to have a change in the manner in which the County grants the unallocated balance to work adversely to one District. Commissioner Higgs inquired were the other wooden structures planned to be replaced; with Mr. Jenkins responding affirmatively.

Commissioner O'Brien amended the motion to approve replacement of the wooden playground at Flutie Park at $110,000; direct staff to see if the Rotary Park and Lori Wilson Park projects can be done more cost effectively; and if necessary, authorize staff to reduce line items in order to generate the funds necessary for Flutie Park. Commissioner Scarborough accepted the amendment. Motion carried and ordered; Commissioner Colon voted nay.

Commissioner Higgs stated under the Tourist Development Commission (TDC) items, staff outlined $2 million going into the beach project; there would be a significant amount of dollars that are not specifically allocated; and inquired will the specific allocations be coming back to the Board. Mr. Whitten responded the dollars will be put into the Reserve Account; and in order to remove the funds from the Reserve, staff would have to come back to the Board.

Commissioner Colon noted the County's balance forward in the Mid-year Supplemental Budget as of October 1, 2000, has been calculated; the balance forward represents the net expendable current assets carried over from the previous fiscal year; the balances are carried over for such purposes as future bond payments, bond reserves, specific capital projects, or working capital; and requested staff provide examples to the Board of the difference between the actual balances from the different categories.

County Manager Tom Jenkins stated when staff did the budget, it projected the balance forward would be $19,655,756; when it completed the budget at the end of the year the number in the General Fund was $22,948,674, which means at the end of the year the County actually ended up with $3.2 million higher than what was anticipated; however, a significant portion of the $3.2 million is obligated to certain things, which staff describes on the summary page. He noted there were commitments the Board made during the course of the year; and staff had to transfer monies back to the General Fund.

Budget Manager Dennis Rogero stated major examples of the $3.2 million General Fund unallocated balance forward are other judicial services, fees for court, and traffic fines; the revenue collections for last fiscal year were in excess of what was projected when the Board adopted the budget in September, 2000, which was over $500,000; the major General sub-funds, Funds 001 and 002 for the unincorporated and Countywide, were the primary sources for the $3.2 million, which include intergovernmental revenue, excess of State-shared revenue, and excess in carryover funding for capital projects that were not completed in the previous fiscal year and are projected to be completed in the current fiscal year; and the funding is brought forward to accompany the expenditures.

Mr. Jenkins stated every year the County tries to put funds in the reserve for employee salary increases and such funds are also transferred out; most of the money is grant dollars and capital projects that have been carried forward; and the net excess revenue in the General Fund is $1,787,000. Mr. Rogero stated Attachment A includes revenues for the unallocated balance forward; and the Parks funds were over $600,000.

Commissioner Colon requested staff provide examples for Special Revenue. Mr. Whitten responded the largest components of the unbudgeted balance forward include $4.8 million for Tourist Development Office, and $4.5 million for Constitutional Gas Tax projects. He noted the largest single component in regard to the unbudgeted balance forward for debt service came from limited ad valorem tax bonds of 1991 and 1993, which was approximately $300,000; and the capital project funds major reduction was approximately $2.9 million in the EELS Program due to timing of capital expenditure. He stated some expenditures happened, which staff did not anticipate; and the Enterprise Funds were a result of $6.5 million in Water Resources Department and $1.1 million in Barefoot Bay Water District. He stated the Internal Services funds, primarily the County's Risk Management Program and Dependent Care Reimbursement Insurance funds, realize unbudgeted excess of $1.9 million.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt a Resolution approving a budget supplement and amendment for the Fiscal Year ending September 30, 2001, pursuant to Chapter 129, Florida Statutes, authorizing the Board of County Commissioners to approve a budget supplement and amendment for the Fiscal Year ending September 30, 2001, and providing an effective date. Motion carried and ordered unanimously.

REQUEST FOR REDUCTION OF FUND AND RELEASE OF CODE ENFORCEMENT LIEN,
RE: GARY COPPOLA, SEBASTIAN BEACH INN

Assistant County Manager Peggy Busacca stated the applicant has requested the item be withdrawn.

The Board took no action on the request for reduction of fine and release of Code Enforcement lien for Gary Coppola, Sebastian Beach Inn, as the petitioner withdrew his request.

REQUEST TO FINANCE, RE: SELECT SPACEPORT TRANSPORTATION CORRIDOR
MODIFICATIONS

County Manager Tom Jenkins stated the Astrotech Facility, located on S.R. 407, is the primary facility for the processing of rocket payloads for the commercialization of space on the Space Coast; it is dependent on this facility in its processing of the payloads; it is necessary to truck such payloads across the S.R. 405 corridor; and staff has identified obstacles because of the size of the rocket payloads that are being transported. He noted staff has divided it into the obstructions on the County's road, as well as those on the State Road; and requested conceptual permission to proceed with negotiating and looking for ways to fund the transportation improvements, both on the County roadway and the State roadway in order to continue to be the primary location in the world for the processing of commercial launches.

Commissioner Scarborough stated Lockheed Martin and Boeing have invested over $800 million of their own corporate monies so they could move forward with the new Delta and Atlas launch vehicles; there is a $300 million investment by a private corporation called Astrotech; it will produce an ad valorem tax of approximately $570,000 annually; and such company did not seek tax abatement. He noted Astrotech is asking the County to help facilitate the need to get large nose cones with satellites out to Kennedy Space Center; he is pleased to see the County is fundamentally involved; it can further move activities into the community and obtain additional tax revenue, which benefits jobs and investment; the overall unmanned launch vehicles are important and he would like to move forward .

Mr. Jenkins stated this is not a grant or anything to Astrotech; it is the County and hopefully the State government stepping forward and saying they are going to provide the transportation corridor; it is not the County doing something to enhance one particular company; and it is trying to create a transportation corridor that works for the commercialization of space.

Commissioner Higgs stated three points of difficulty are on Grissom Road, three are in the City of Titusville, and three are on a State Road; and inquired what is the participation of the State and the City.

Economic Development Director Greg Lugar responded the County has asked the Sate for the eligibility or use of transportation road funds that are utilized for Boeing to build the wharf/pier and the rail that Lockheed Martin are building at Launch Complex 41; the State said no because it is transmission lines and does not have anything to do with the road itself; staff made an application in November, 2000 for the TOPS Program; and the predecessor of that Program was a fast-track the year before. He stated the project was not identified on the list to be funded, nor did the State Legislature take it up this session; Lobbyist Guy Spearman and Representative Allen worked on it, but it did not make it into the appropriations list; staff asked Mr. Spearman again to continue to work with Tallahassee FDOT Office to see if there are any State funds for assistance in the project; and Bob Kamm has been asked to check with the FDOT Office in Deland for any source of funds that may help on the transportation corridor. Mr. Jenkins advised staff is also going to discuss the issue with Spaceport Florida to see if there are any opportunities; it is still a moving issue and not a final product; and staff is still looking for ways to fund the project. Mr. Lugar stated he has discussed the issue on several occasions with Walt Johnson of the Space Coast Development Commission; and the City of Titusville has not been asked to participate at this time.

Commissioner Higgs stated the County needs to specifically ask, under the Chairman's signature in a letter, for assistance from the Governor, Spaceport Florida, City of Titusville, and Congressional Delegation as they are indicating they will be partners; it is not exclusively a County issue; it is a State Road; and the letter should be specific in asking for their cooperation before the County moves further.

Commissioner O'Brien stated he agrees with Commissioner Higgs' position; Astrotech is a good company and employs 16 people; however, the County could possibly loan the money; but it should not be financing the project. He noted it is a $30 million project for Astrotech to expand its facility; with good planning, it should have identified the obstacles that would be in its way before it expanded the building; and it is inappropriate for the County to step up and have the taxpayers of Brevard County pay for a private industry's expansion and the needs of such expansion. He noted the motion should be whether or not the County can find a way to lend Astrotech the money.

Commissioner Colon stated the fiscal impact to the County would be up to $2.24 million, which would be a loan to Astrotech; funds would be reimbursed by the State TOP funds or Astrotech; funds for the loan would come from gas tax funding for the Max Brewer Causeway Project; and to accomplish the transportation modifications to meet the contract schedule to service the payload, Astrotech requests the Board finance the transportation improvement. She noted Astrotech project timing requires that the modifications be made prior to availability of State grant funds; if the Legislature appropriates TOP funds during the 2001 Session, the grant funds will not be available until a contract is signed with the State after the start date of Fiscal Year July 1, 2001; Astrotech's request is with the understanding that the State grant will reimburse the County of the up front payment; and if the grant is not awarded to the County or if the transportation modification costs exceed the State grant, Astrotech agrees to repay the County the sum not recovered from the State grant over a defined period of time. She inquired has the County defined the period of time, is it something that has been done in the past, and how well would a loan work.

Mr. Jenkins stated he is not aware of the County doing something specifically like this before; by giving tax abatement, the Board is doing something similar as it is giving an inducement for a particular industry to either relocate or expand in Brevard county; what makes this issue unique is that the County is trying to improve the public right-of-way; and as part of ongoing discussions with Astrotech, the Company indicated a willingness to reimburse the County and would need several years in order to get financially squared away with all the other expansion it is doing. He noted preliminary discussion took place in terms of Astrotech trying to repay the County in three years after the work was done; all those types of items have not been negotiated; and the next step would be to negotiate an agreement with Astrotech, with the fullest extent of protections that can be negotiated, to secure the investment. He stated it is a public right-of-way, and the question remains whether or not they should have to pay for it or should the County be looking to FDOT to improve the transportation corridor; the project is of equal importance or more important than the wharf that Boeing received a grant for and improvements made at Lockheed Martin using State transportation dollars; this is clearly a transportation issue; and the County has to have a funding source to make the loan. Mr. Jenkins stated staff initially thought it could use gas tax, but a loan may not be an eligible use; and that is why staff concluded it is probably best to intensify its efforts to get FDOT to take a more active role in the project since it could fund it and the County may not be able to. He noted there are a lot of outstanding issues that have to be negotiated and further inquiries have to be made; but the first step is for the Board to give staff direction as to whether or not it is interested in staff trying to get all the questions answered; and at some point, other specific details and the agreement would come back to the Board.

Commissioner Scarborough stated there was discussion at one time of putting in a facility to assemble the satellite into the nose cone at Kennedy Space Center; the idea was abandoned and Astrotech has undertaken enlargement of its facilities; it benefits the taxpayers of Brevard County as it produces tax revenue; and the cost of developing new Delta and Atlas launch vehicles is in the billions of dollars. He noted at Kennedy Space Center there is an $800,000 million commitment in infrastructure; it means KSC will be a part of the unmanned launch program in the future as there are major investments, not by the federal government, but by private corporations that want to recapture the investment; it is in Brevard County's interest to make sure there is connectivity and the whole thing works; and as Mr. Jenkins mentioned, the County is talking about a public road. Commissioner Scarborough noted normally the County does not always go to contractors and request they pay for improvements to public roads; and inquired how often are there major corporations putting in almost $1 billion in infrastructure improvements in the County and keeping it as the key location for launching of unmanned space vehicles. He stated the issue is important; and it is not the County helping to build something at Astrotech, it is a public road and almost $1 billion in infrastructure paid for by private concerns at KSC.

Motion by Commissioner Scarborough, to direct the County Manager to proceed with options concerning the financing of select transportation modifications for transport of the new generation EELV payloads on the spaceport transportation corridor; and authorize the Chairman to send letters to Governor Jeb Bush, Spaceport Florida, City of Titusville, and Congressional Delegation requesting their cooperation and assistance.

Commissioner Higgs stated there are unique aspects to this that are different from a lot of things the Board has dealt with; if it was doing a road project, it would have to move the utility; the location of the utilities and its impact on moving this massive structure have public interests and public issues; and she cannot imagine supporting a loan to do this for a private company; however, the County should pursue any funding potential with the State. She noted there may be a role for the County to play; she is uncomfortable dealing with a loan to the Company; but she has some understanding that it is a public corridor, a public facility, and something of significant interest to Brevard County.

Commissioner Colon stated she agrees with Commissioner Scarborough's comments; the community will benefit from the transportation corridor; and she will second the motion.

Chairman Carlson stated if the County is treating the issue as a public corridor, it is trying to improve, it would fall under transportation issues; and the Board will be discussing how it uses gas tax dollars. Commissioner Scarborough noted he does not want to go to gas tax. Chairman Carlson stated it would be something that would qualify. Commissioner Scarborough stated the issue is of larger concern than only Brevard County, and needs to be treated differently. Chairman Carlson stated she supports helping Astrotech and making sure the corridor is in the right order; but $2.24 million is a lot of money; and she is not sure where the County is going to find it.

Mr. Jenkins stated the only portion of gas tax the County might contemplate using is its share of the road, which is a small piece of the project; the bulk of it is on a State road; and gas tax may not be what the County would look at.

Commissioner O'Brien stated he cannot support the motion; tax abatements were approved by the registered voters of Brevard County by referendum; the County can reach out to the State and other agencies to lend Astrotech the money; Brevard County should not be involved solely, as it is not a privilege to help a private company. He inquired does it help other companies next and start making up projects to repair roads that did not need to be repaired yesterday if infrastructure changes to facilitate the industry. He noted it reaches beyond the Board's purview; and he cannot support it.

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

The meeting recessed at 12:00 noon and reconvened 1:00 p.m.

Sheriff's Finance Director Deborah Barker stated present this afternoon to discuss the issue of school resource officers and answer any questions are Sergeant Paul Wrang and Jim Willoughby.

Commissioner Higgs inquired is all that is being requested for approval today is submittal of the application; with Ms. Barker responding application and acceptance of the grant. Commissioner Higgs inquired if the Board approves submittal of the application, could it work out some of the details at a later date. Commissioner Higgs stated there are details concerning whether or not the County wants to partner with the School Board and actual job functions. Ms. Barker inquired is May 11, 2001 the deadline for the application; with Mr. Butler responding affirmatively. Mr. Butler stated there needs to be a letter of retention by the County with the application saying that at the end of the grant period, the school resource officers would be retained by the County. Commissioner Higgs noted Sheriff Williams should sign the statement as the Board cannot say it is going to retain such officers as it has no idea; with Mr. Butler responding Sheriff Williams would sign it as well as the Chairman of the Board. Ms. Barker noted the retention is based on funding.

Sergeant Paul Wrang, Juvenile Programs Supervisor for the Sheriff's Office, stated currently there are five school resource officers, one at Merritt Island High School and four at the middle schools throughout the County; some of the duties that such officers are charged with are periodic safety checks of the school campus and walk-throughs of the campus for security checks, assistance with traffic control on or around the campus as needed, organizing, instructing, and supervising the student safety patrol program, and conducting annual analysis to identify locations where the school crossing guards are and if there is a need for additional ones; and it will be in conjunction with school authorities and County Traffic Engineering. He stated the school resource officers would also educate students and parents on the Bicycle Helmet Law, conduct certain training for staff on various issues at the request of the principal, and have cafeteria presence during lunch time; and school resource officers would have knowledge of various juvenile resources in the area.

Commissioner Colon inquired about drug activities, illegal guns, or anything that has happened in the schools. Sergeant Wrang responded in the high schools and middle schools the school resource officers have made several drug arrests; and here have been a lot of drugs and pills found on school campuses. He stated for the year 2000, the officers made 49 arrests; there were 48 misdemeanor charges and five felony charges; the officers recovered eight weapons, a majority of them being knives; and there was one incident at Merritt Island High School where a student had a gun in his vehicle.

Commissioner Colon stated in regard to drug awareness, it is important to start early; and inquired what is being done in the middle schools and high schools to bring the message to young people. Sergeant Wrang responded the D.A.R.E. Program can be taught in the elementary schools; currently there are two full-time D.A.R.E. officers who teach at all the elementary schools in Brevard County; and their schedule is full. He stated the Gang Resistance Education and Training Program is taught in the middle schools; and the earlier they are educated the better, especially on the D.A.R.E. Program.

Commissioner Scarborough inquired what types of problems does Sergeant Wrang anticipate in elementary schools. Sergeant Wrang responded there may be issues of custody rights, which has happened in the past; and the school resource officer is present at the scene to take care of the problem.

Jim Willoughby stated he worked at nine elementary schools as a D.A.R.E. officer for three and one half years; the D.A.R.E. Program is a great one; unfortunately, only two people are assigned to it; and they used to start teaching the Program to kindergartners. He noted he has also handled child abuse investigations in the elementary schools; there are some weapons in the elementary schools; and there are also bullying and theft present; and school resource officers could be at the schools addressing those problems. He stated there can be a bonding between school resource officers and students; such students look up to the officers; he has investigated sexual abuse cases; and the students in the elementary and middle schools have trusted him and told him about sexual abuse that has occurred in their homes.

Commissioner Colon stated community policing is lacking especially in the unincorporated area; the Sheriff hardly has the manpower to have enough road patrol; and inquired if school resource officers could have meetings with the community from the various areas. She noted if the community is able to know they can call one officer who becomes their friend, the trust factor is there; individuals will tell the officer where all the drug activities area; and she supports community policing and having school resource officers in the schools.

Sergeant Wrang stated if the school resource officers develop any information, either on a drug issue or theft, they are in contact with the investigator; community meetings have been held in the past, including one at Merritt Island High School; and school resource officers would be available for parent/teacher organizational meetings concerning any issues around the schools, including crime prevention.

Mr. Willoughby stated he has attended PTA meetings as a D.A.R.E. officer and talked to parents about signs of drug use; school resource officers also discuss gang problems with the students; and officers try to educate parents on those issues.

Chairman Carlson inquired what growth is available to the County in its MSTU before it gets to the CAP without applying the Sheriff's request for 16 additional deputies over five years. County Manager Tom Jenkins responded it is his understanding that in order to sustain the current staffing level in the MSTU and give salary increases, it is going to be over one mill.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve the application and acceptance of a COPS in Schools Grant from the U.S. Department of Justice, to expand the School Resource Officer Program with 16 additional full-time school resource officers.

Commissioner Higgs stated the Board is going to confront a number of issues in this budget year; she does not see how it can make a decision now to move forward on the item; she strongly supports law enforcement being in and a part of the school community; but if she has to invest money, she would rather vote in favor of road deputies spending time with each of the schools in the area. She noted school resource officers are great; she applauds the effort to get law enforcement in the schools; but the Board should not put it as a priority; and suggested looking at it as a partnership with the School Board. She stated there are 16 school resource officers being suggested; only three school resource officers would go in Districts 3, 4, and 5; and 13 officers would go in Districts 1 and 2; funding would come from the Districts' MSTU; and if the Board is going to put money into law enforcement, it needs to do it carefully, with a concern for where the growth is, the highest call volumes are, and where the County can most protect the public, including children.

Commissioner O'Brien stated the Sheriff is requesting a $9 million increase this year in his budget, plus $1.3 million for school resource officers; it would become recurring costs of $1 million per year every year after that for resource officers in elementary schools; other elementary schools throughout the State of Florida are not doing this; and Brevard County would become the first to do it in the State. He noted he has to look at the cost versus results; there is a very low call volume in elementary schools; the D.A.R.E. Program is in existence; and Barbara Meyer goes to the elementary schools and provides a safety course concerning bicycle safety and the helmet law. He stated it is taking it one step too far by putting a uniformed or non-uniformed sworn officer into an elementary school when reviewing cost versus results in such a low volume; and he has difficulty supporting this for kindergarten through sixth grade. Commissioner O'Brien noted the Board has a nice letter from Dr. DiPatri indicating he would love to have the program; however, he is not paying for it; the Board has its priorities, including pay increases for deputies and increasing the number of MSTU officers; and he cannot support the Board paying for a deputy at an elementary school.

He stated Brevard County is different than looking at hard core urban areas of a large city; Merritt Island is not like that, and seven officers would be on Merritt Island in grammar schools; the program was probably designed for urban schools in hard core areas; the County is not like that at this time; and it is a waste of taxpayers money to approve the item now.

Commissioner Scarborough stated juveniles are a special kind of problem; to say it is only school resource officers in elementary schools may not be correct; the Board is going to be asked for other funds; but this issue is unique in that the Board is going to have the ability not only to have exclusively County funds involved, which is a benefit. He noted to have school resource officers in the schools will have an additional strength in force in the area; rather than seeking the full 16 officers, perhaps the Board could approve a lesser number; and there are some opportunities to strengthen the Sheriff's Office as a whole, including going into an area that is needed and doing it cost effectively for the community. Commissioner Colon stated the Board is talking about making an investment in its children so it does not have to build more jails in the future; if the children can be reached at a younger age to prevent them from doing drugs and other things, the County has the opportunity to do that; child abuse costs the taxpayers a lot of money; and she is looking at the long-term effect. She noted the Board needs to bite the bullet and be ahead of what the State and nation are doing.

Ms. Barker stated the Sheriff's Office has offered today a school resource officer in each school, as it would put an officer in all of the unincorporated schools in Brevard County; there is a clause in the grant that will allow a sharing between the schools; if the Board was interested in reducing the number, there is an option within the grant that would allow the Sheriff's office to share an officer between two schools; and the Board could look at a reduced number. She noted if the Board reduced the number by half, it would reduce the amount of match money drastically; and the first year of the match would be approximately $360,000 in MSTU funds.

Commissioner Higgs inquired how many road deputies does it equal. Ms. Barker responded the cost for a school resource officer and a MSTU deputy are the same; and start up costs are approximately $91,000. Mr. Jenkins noted the Board would only be paying the match. Ms. Barker noted the federal amount is $46,300, and the amount of the match is $45,000. Mr. Jenkins stated there could be four and one-half road deputies for the same amount of money as the match. Commissioner Scarborough inquired is the Board talking about the match for 16 officers or eight officers. Mr. Jenkins responded under the application that was submitted, it was 16 officers for $400,000 local money; and that same local money would buy four and one-half deputies to put on the roads.

Chairman Carlson stated she is interested in working with the School Board; suggested an amendment to the motion to offer potentially eight positions; and requested the Sheriff ask the School Board to also provide eight officers.

Commissioner Scarborough inquired would the School Board pay the County; with Mr. Jenkins responding the Board would have to get an interlocal agreement with the School Board where it would pay the County and the County would fund the Sheriff. Chairman Carlson stated a 50-50 match would be nice; the School Board is meeting tonight; and the same presentation could be made to it.

Ms. Barker stated it is her understanding that the full amount of the funding has to come from the law enforcement agency, which is the Sheriff, meaning the county; Sheriff's staff has tried to contact Department of Justice to reaffirm the fact that the Sheriff cannot receive outside funding to complement the grant, but was unable to do so; she does not know that the Sheriff's Office can get into the governmental interlocal agreement under the criteria of the grant; and if it can, it is open to doing so.

Commissioner Higgs stated it is everybody's priority to have children and the community safe; if the Board is going to put this kind of resources into a program, it has to be recognized that is it is disproportionately serving a part of the population; and when the Board gets to the Budget, she is going to ask that it put deputy sheriff's in the south end as it is now putting resources not across the board to serve the children of the total community. She noted if the County wants to make children safe, it needs to make them all safe; and the best way to do it is to put road deputies on the roads where the populations are and serve the children in all the communities. Commissioner Colon inquired is Commissioner Higgs willing to support 16 officers at budget time. Commissioner Higgs responded yes, but she does not know that she can give the Sheriff 16 school resource officers; and the Board should look at the road deputies and work to fund them.

Commissioner Colon stated she would support an amendment to the motion for eight additional full-time school resource officers.

Commissioner O'Brien stated all the municipalities in Brevard County do not have the program; the comment was made that not only County funds would be involved; that is true for the first three years; and after that point it is only County funds that will be involved. He noted another comment was made that other areas could be helped by having school resource; if the Board approves 16 new road deputies, those areas will be helped anyway; some patrol deputies are used for traffic control and other things presently; and as for problems within schools, that is the purpose for detectives. Commissioner O'Brien stated if Brevard County's drug problem is the worst in the State and there are deputies in every junior high school and high school in the County, he would hate to think the D.A.RE. Program is not working very well as he was told it is working extremely well; there is something contrary to the statement; grammar schools have trained teachers and counselors who seek out child abuse and sexual predation by having children talk about it with then; and early intervention includes the D.A.R.E. Program, Camp Chance, and PAL. He noted other COPS grants will come up throughout the year; this is the only grant to put resource officers in grammar schools; and he cannot see the County doing it.

Commissioner O'Brien stated school resource officers in junior high and high schools are very important and he is glad they are here; the School Board has the full responsibility on this issue; if it wants to put a resource officer in every grammar school, it needs to come to the plate with the full responsibility and the money to do it with; and the crime problems in grammar school are not that large. He noted the Board needs to look at the long-term costs; three years from now, when it has to raise taxes again, it is going to ask what happened; and the return on investment to put school resource officers in grammar schools is minimal.

Commissioner Scarborough withdrew the motion, and Commissioner Colon withdrew the second to the motion.

Chairman Carlson passed the gavel to Vice Chairman Scarborough.

Commissioner Colon stated there is consensus from the Board including Commissioners O'Brien and Higgs, to seriously address road patrol. Commissioner Higgs noted the Board cannot do it all; and if it approves $1.3 million today, it needs to understand that it is spending part of the money today. Commissioner Carlson stated the Board asked the Sheriff about priorities; the funds are coming from MSTU, as well as the additional 16 road deputies over five years; and it is a priority to make sure the children are safe.

Motion by Commissioner Carlson, to approve the application and acceptance of a COPS in Schools Grant from the U.S. Department of Justice, to expand the School Resource Officer Program with 16 additional full-time school resource officers, with a 50-50 match between the County and the School Board, contingent on the School Board's approval of is matching share.

Commissioner Colon stated the School Board has not had an opportunity to review the issue; it is not on its agenda to be able to make the decision tonight; and she does not believe the item will pass, but will second the motion for the chance that it may pass.

Commissioner O'Brien reiterated his objections to the motion.

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

Ms. Barker clarified that the Board approved acceptance for the Sheriff's Office to go forward with the grant application for eight positions.

Commissioner Carlson stated it is 16 positions, with the Board putting up $200,000, provided that the School Board puts up $200,000. Ms. Barker noted the motion is contingent on an interlocal agreement, if allowable through grant criteria, with the School Board. Mr. Jenkins advised the interlocal agreement would be between the School Board and County Commission, not the Sheriff's Office; and the County, in turn, would give the Sheriff's Office the money. Commissioner Scarborough stated the School Board's budget and the County's budget are separate in the State of Florida; but in many places the General Revenue funds of the County and the School Board are one in the same; so there are places where the School Board has to be participating as the budgets are basically merged. He noted whether it is from the School Board budget or County budget, he does not see it being relevant; it all goes to the same Tax Collector; he writes checks to the different agencies; and the Sheriff's Office needs to explain that to the Department of Justice.

Assistant County Manager Stockton Whitten indicated the first year funding is $758,000 for 16 deputies; and if the motion is to ask the School Board for half of the funding, it is $379,000. Mr. Jenkins noted it would be for eight deputies as opposed to 16 deputies. Ms. Barker advised eight deputies would require a $360,000 match from MSTU monies. Commissioner Higgs stated the total is $1.3 million over three years; and inquired is it the same percentage each year or different. Ms. Barker stated it is a fixed percentage for the deputy; the federal draw is $125,000 for the cost of the deputy; and over the entire three years, the match is $85,000 for the deputy. Mr. Jenkins inquired what is the match next year for 16 deputies; with Ms. Barker responding the match for the first year of the grant would be $720,000. Mr. Jenkins stated County staff shows $758,000; with Ms. Barker responding that is the 5% gross up and her number is $720,000. Commissioner Higgs inquired what is the match for the second year of the grant; with Ms. Barker responding $245,000 for 16 deputies; and the third year would be $396,000. Ms. Barker noted the capital is up front to equip the deputy with a vehicle, etc. Mr. Jenkins advised the motion Commissioner Carlson made does not work for 16 deputies.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to reconsider the previous motion. Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve the application and acceptance of a COPS in Schools Grant from the U.S. Department of Justice, to expand the School Resource Officers Program with eight additional full-time school resource officers, with a 50-50 match between the County and School Board, contingent on the School Board's approval of its matching share.

Commissioner O'Brien reiterated the School Board has its own security personnel and police force; if it wants to have school resource officers, it can use its people to do it; the County should not be doing it; it is the wrong route to travel; and Sheriff's deputies do not belong in grammar schools.

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

Vice Chairman Scarborough passed the gavel to Chairman Carlson.

CONSIDERATION, RE: STAFF RESPONSE TO FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION'S LETTER ON PROPOSED MANATEE
PROTECTION ZONES

Assistant County Manager Stephen Peffer stated on April 24, 2001, the Board discussed the manatee protection zones; the State sent the County a request for its comments on whether or not it felt there would be any economic impact should the State move forward with the proposed manatee protection zones; the Board discussed the matter, requested he provide a preliminary staff level response to the State, and gave itself the opportunity to discuss it again today; and he responded and sent the Board a copy of the letter, which is noncommittal and does not put it in any particular position. He noted if the Board wishes to make any changes to the letter, it has that opportunity; he has spoken with the State about it; it indicated getting an additional letter from the Board would be allowable even though it was after the time frame; and the County would have to get it in soon.

Sandra Clinger, representing Save the Manatee Club, provided an executive summary from a 1997 study performed by Dr. Fred Bell with Department of Economics at Florida State University to the Board; stated Dr. Bell investigated the effects of manatee zones on property values; each time manatee zones have been proposed in Florida, the concern is raised on how they will affect property values; and the Club contracted with Dr. Bell to do a scientific economic assessment. She advised Dr. Bell looked at all of the areas in Florida where manatee zones had been established; he selected Broward County as his test case for a variety of reasons; she provided the Office of Natural Resources Management staff with the full study if any Commissioner would like to look further into specific details; and Dr. Bell's results concluded that the existence of posted speed zones in the study area in Broward County increased the property value by as much as 20%, with all other values being held equal. Ms. Clinger stated Dr. Bell found a strong statistical positive correlation between the presence of manatee zones and property values; she read the memorandum from Property Appraiser Jim Ford, which raises issues concerning the proportionate or disproportionate amount of speed zones in a particular county; and stated she also has the manatee speed zones established in Broward County. She stated the Intercoastal Waterway (ICW) is regulated at slow speed for approximately six months of the year, which is much more restrictive than what will be seen in Brevard County if the rules go forward as proposed by the Florida Fish and Wildlife Conservation Commission. She noted save the Manatee Club has worked cooperatively with Brevard County to help it obtain grants for a kiosk program; under the grant the County has, 12 sites will be signed with manatee educational signs; the Club also assisted the County in receiving monofilament recycling grant money; and it will continue to move forward with the County and help it in whatever way it can to look for outside funding sources to help with manatee education and awareness program. Ms. Clinger stated the Club is working constantly with the Florida Inland Navigation District (FIND), which is the State agency responsible for signing manatee zones, to insure that not only is it getting waterward extent signs, but also getting signage at boat ramps and access points. She noted the Club was successful in securing $3.89 million for additional on-water law enforcement in Florida; the net result is 25 additional on-water law enforcement officers, including training and equipment; and such officers will be targeted to the high manatee hot spot areas. Ms. Clinger stated she provided a summary of a statistical survey done by a polling group out of Washington, D.C.; and she is always available for the Board if it has any questions concerning manatees.

Commissioner Colon inquired about permitting from the State concerning mandatory regulations from November to March for Florida Power and Light (FP&L) Company to keep the waters warm in Brevard County. Ms. Clinger responded power plants do similar to what the County has been working on for many years with its Manatee Protection Plan (MPP); power plants also have to do a protection plan for manatees under the State's rules, referred to as a power plant protection plan; such plants have entered into a memorandum of understanding that if water temperatures are colder than 68º, they will maintain warm water flow; the idea is to prevent the sort of event that happened in Brevard County in 1980, where there was an extreme cold water event and power plants shut down for repair at that time; and manatees died as a result of it. She noted manatees fortunately have been habituated to warm water refuges over the 50 years power plants have been operating in Florida; there are virtually no living manatees in the wild that were around before power plants; many of the areas manatees use historically, including the natural sites further in South Florida, have either been eliminated from development pressure or have already been compromised; and even the few existing natural sites are at risk, including Blue Springs. Commissioner Colon inquired do the manatees travel south to get to warm waters, and is the County keeping them here artificially. Ms. Clinger responded there are reasons that manatees stay here, including warm waters; the places manatees used to go in South Florida have drastically changed from the way they were historically; there is a lot more boat traffic in South Florida today, particularly in the winter months; and there is a lot more development of areas that manatees used to use.

Ms. Clinger stated power plants are attracting manatees so they have shifted their use pattern in winter more toward the middle of the State than the south part; manatees have been in Brevard County, even in winter months, before power plants; it depends on the weather conditions; and on cold days, some manatees will go further south. She noted experts are looking to find alternatives for the future, as some power plants are 50 years old and will not be here forever; so a group of scientists are working to come up with a good plan for the future on how to address the problem.

Commissioner O'Brien stated the first bullet on page 1 of the memorandum asks, "Will the County be required to post new signs replacing the changes?" and if so, it estimates each new sign on land will cost approximately $200; and inquired where did staff get the numbers from concerning $500 for each new sign on the water. Mr. Peffer responded he inquired with a number of County agencies and received the answer from Dick Thompson in Public Works, who works with the sign shop; Mr. Thompson looked at materials and installation; it would require the County to hire a contractor to do the in-water work; and as of this time, the State has not indicated to Brevard County that it would bear the burden of signage. He noted it is possible if the State makes changes that it will take care of it and work with FIND to post signs in a number of areas. Commissioner O'Brien noted he does not know what FIND pays to put up the signs; it may be more than $500 per sign; if it delegated this responsibility, it would have to raise its tax in Brevard County to pay for it; and the County may want to indicate that the cost to operate government in Brevard County might be impacted due to signage affecting FIND's budget. He stated the next page asks, "Will here be long-term secondary effects of proposed changes on other natural resources, such as seagrasses, and will the zones tend to discourage motor boat traffic to an extent that improves the health and extent of coverage of seagrasses, or will the slower boats riding lower in the water increase the frequency of the propeller scouring?"; and he does not find the paragraph to have meaning economically to the County.

Mr. Peffer responded staff was trying to convey that it is difficult to make any kind of an economic impact analysis based on what speed zones may or may not do there; if the outcome is to improve seagrass beds, overall it would be an economic benefit to Brevard County; if there is something concomitant with boats going slower and riding lower in the water and they have more of a prop-dredging type of effect, seagrasses might be harmed; but he does not believe it has occurred where speed ones have been put in place. He noted staff believes seagrasses have a direct economic impact in that the more Brevard County has the better off it is.

Motion by Commissioner O'Brien, to delete in the second to the last paragraph in the memorandum, "Although establishment of the proposed manatee protection zones is no longer included in the Brevard County Manatee Protection Plan . . . "; and include "The economic impacts of implementing the manatee protection plan are still of great interest to the County, and an economic impact study by the State is strongly recommended in our plan." Motion died for lack of a second.

Chairman Carlson stated she does not know if the Board has to take any action today, but she appreciates Commissioner O'Brien's comments. She inquired if staff attended the Florida Fish and Wildlife Conservation Commission's meeting last week; with Mr. Peffer responding he and Brian Toland attended a portion of the meeting. Chairman Carlson inquired what was the tone of the meeting. Mr. Peffer responded most of the time he was present he would characterize it as being cordial; the comments that were negative toward any additional speed zones in the County outnumbered the favorable comments at least 10:1; he estimated at least 200 people to be in attendance at the time he was there; and primarily the people who were there felt that the speed zones did not need to be increased. Chairman Carlson stated it would be interesting to give the economic study to Mr. Ford to see if he would like to review the actual economics of it and how the results were determined; and perhaps he would comment and provide feedback based on what he sees being the economic impact and what the economists see.

Commissioner O'Brien stated the memorandum from Henry Minneboo indicates, "This is to advise you that Public Works, Road and Bridge, and Traffic Engineering, etc. anticipate no impacts as a result of proposed manatee protection zones"; he spoke to Mr. Minneboo at lunch time and asked him how he made that determination; he mentioned to Mr. Minneboo that if the zones cause a reduction of consumption of gasoline by the boaters, the County's gas tax revenues would decline proportionately; and it would have an impact on Road and Bridge and construction of some of its projects. He noted Mr. Minneboo meant well in his memorandum, but speaks from no research to find out if there would be any impacts or not.

Motion by Commissioner O'Brien, to request the Property Appraiser provide his comments concerning the study by Dr. Fred Bell; approve the letter dated April 30, 2001, to Florida Fish and Wildlife Conservation Commission, as written; and remove the Public Works Director's memorandum from the package as it is not based on facts. Motion died for lack of a second.

County Manager Tom Jenkins stated staff has already sent the letter to the Conservation Commission. Chairman Carlson stated perhaps Assistant County Manager Peggy Busacca can request Mr. Minneboo to forward his justification for his comment to Commissioner O'Brien.

The Board considered the staff response letter dated April 30, 2001, to the Florida Fish and Wildlife Conservation Commission's request regarding the potential economic impact of proposed manatee protection zones, but took no official action on the item.

PRESENTATION, RE: COMPLETION OF NORTH REACH

Assistant County Manager Stephen Peffer stated in addition to the presentation, staff is requesting the Board approve a letter from the Chairman to Great Lakes Dredge and Dock Company for doing such an outstanding job; and suggested such letter be cosigned by the Cities of Cape Canaveral and Cocoa Beach.

Virginia Barker, Natural Resources Management Office Beach Management Coordinator, advised the Cities of Cocoa Beach and Cape Canaveral, and Tourist Development Council have voiced willingness to sign the letter.

Commissioner O'Brien stated he also has letters from Office of Natural Resources Management, on behalf of the Board, to Senators Bob Graham and Bill Nelson, Congressman Dave Weldon, Colonel Gregory May, and others concerning their assistance in the Brevard County Shore Protection Project; and submitted such letters to the Board for execution by the Chairman.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to authorize the Chairman to sign letter of appreciation to Great Lakes Dredge and Dock Company, the construction contractor for the project; and authorize the Chairman to sign letters of appreciation to Governor Jeb Bush, U.S. Army Corps of Engineers, Senators Bob Graham and Bill Nelson, and Congressman Dave Weldon for assistance in securing funds for the Brevard County Shore Protection Project. Motion carried and ordered unanimously.

The meeting recessed at 2:24 p.m. and reconvened at 2:33 p.m.

Ms. Barker stated Brevard County's Shore Protection Project is a two-phased project, with a North Reach and South Reach; and showed a slide presentation to the Board and audience of the North Reach Project under construction and after completion. She noted the North Reach project was completed on April 9, 2001; and the location of the North Reach stretches from south of Port Canaveral to Patrick Air Force Base. She noted Phase 2 is the South Reach, which includes all of Indialantic and Melbourne Beach; and such Phase is scheduled to begin construction this Fall. She stated individuals asked why Brevard County is in the business of putting sand back on its beaches and fixing them, when erosion is a natural process caused by storms; the major reason Brevard County is in the business is because the problem is not entirely an act of God; the problem in Brevard County is largely due to erosion caused by maintenance of the Inlet at Port Canaveral; and there was a very large offset along the shoreline. She noted the man-made inlet stopped the natural transport of sand that flows most of the year from north to south along the beaches; it caused sand to pile up north of the North Jetty and erode from the shoreline south of the Inlet; additionally, sand that escaped and fell into the bottom of the Inlet was dredged up and thrown away as the Inlet is important to the military program and has to be maintained at a minus 44-foot depth for subs to go in and out; and the County can account for over 12 to 16 million cubic yards of sand that has been lost from the beaches due to man-made erosion attributable to the Port. Ms. Barker stated it has led to conditions all along the shoreline, including impending damage to structures, and loss of beach, turtle-nesting habitat, and recreational opportunities; the Port has been extremely active in trying to offset the problems it creates; it was the first Port in the State of Florida to adopt an Inlet Management Plan; such Plan has the Port extending, lengthening and tightening the jetties so they will not leak into the Inlet; and it will reduce the ongoing cost of Inlet maintenance and reduce the loss of sand into the Inlet. She noted the Port has also started a by-passing project where it picks up sand from north of the North Jetty and pumps it onto the beaches to the south; it almost entirely mitigates for the ongoing impacts of the Port, but it does not make up for over 40 years of erosion of the beaches that happened before the Port adopted the Inlet Management Plan and before such Plan was implemented. Ms. Barker stated the County has been trying to make up for 45 years of man-made erosion; by putting sand back into the system, such sand fluctuates naturally with the waves and wind, like beaches are supposed to, but seaward of the existing development; the County spent a lot of time and effort finding quality sand with the right color and texture for the beaches and is compatible with turtle nesting; and hopper dredges came in and vacuumed the sand up from the borrow area. She noted the drag heads or vacuums are approximately eight feet across and have jets that help to raise the sand into the sediment and suck them up into the dredge; the hopper dredge carries approximately 2,700 cubic yards of sand at a time, which is the equivalent of approximately 150 dump trucks per load; typically the hopper dredge hooks up to a pump-out station that is next to the beach; and the problem with such system is that the hopper dredge takes over one hour to empty out to the pump station. She stated if anything goes wrong with the pump-out station, if anything happens on the beach, or if weather conditions are too rough for the hopper dredge to hook up to the pump-out station, everything sits idle; the County had a very big project to complete in a short amount of time; these pieces of equipment are extremely expensive to have sit idle; and the County's coastal consultant developed the idea of using a re-handling area. Ms. Barker stated the hopper dredge can come with its load to the re-handling area; hopper dredges are designed to dump their load quickly in a disposal area; a re-handling area was developed where the barges could come in, split the haul, dump the load in a matter of two to three minutes, and go right back out and get the next load; and there could be up to three dredges working simultaneously on the project. She noted the cutter head dredge sat on the re-handling area full-time to pick sand back up from a fixed location and pump it through a pipeline onto the beach; and the sand went through a pipeline to a booster pump which added enough pressure to the line to push the sand through miles and miles of pipeline to restore the entire beach. She stated at the end of the pipe where the sand came out, bulldozers worked continuously to shape the sand into a flat beach; the dredge operated 24 hours a day, seven days a week, including holidays; 40-foot sections of pipe were added at a time and up to 50,000 cubic yards were moved per day at 300 cubic feet per second; and the project was completed on April 9, 2001, one year ahead of schedule and $700,000 under budget. Ms. Baker stated the early completion and savings on the project are due almost entirely to the use of the re-handling area; the contractor did a fantastic job of accommodating the public through the entire process; and the project was built through a cooperation with the State of Florida and Army Corps of Engineers. She noted the local share was paid for entirely by the tourist development tax on hotels and motels; and there was tremendous support from the Cities of Cape Canaveral and Cocoa Beach, and Port Canaveral. She stated one of the big concerns of these projects is the impact on turtle nesting; last year in the project area there were two leatherback nests; this year there have already been two leatherback nests; so far staff has every indication that the turtles are happy with the sand; and it is hoping for a wonderful turtle-nesting season.

Chairman Carlson expressed appreciation to Ms. Barker and everyone who worked on the project for the quality job. She stated in the Fall is when the South Reach will be done; and inquired what is the status of the seven miles in between. Ms. Barker responded the seven miles in between was removed from the project area in 1996 due to environmental concerns; staff is working on the list of questions the environmental agencies had when they voiced those concerns; once it has answers to those questions, it will meet with the agencies to determine the likelihood of different shore protection options in the area. Chairman Carlson inquired about the status on federal funding. Ms. Barker responded federal funding for the South Reach is not enough right now; there is $200,000 in the President's budget; this year, instead of going for a Congressional add, staff will be going for a Congressional increase which has better status; and Brevard County has the full support of Congressman Weldon and Senators Graham and Nelson. She noted Congressman Weldon has stated it is his number one priority for the Energy and Water Appropriations Bill this year; and staff will be working the same process it went through each year for the North Reach and hoping for the best.

RESOLUTION MODIFYING RESOLUTION NO. 00-10, RE: CONSTITUTIONAL
GAS TAX BONDS

County Manager Tom Jenkins stated the item is to proceed with acquisition of Pineda Extension right-of-way.

Assistant Public Works Director Ed Washburn stated the drainage projects are funded projects under the Constitutional Gas Tax Bond Issue; staff is requesting to borrow $4 million from the drainage improvement projects, which would have to be reallocated at a later date; Surface Water Improvement Director Ron Jones indicated staff would use $1.3 million of the $7 million in this fiscal year, and will program $1.5 million for next fiscal year, which would total $2.8 million; and requested permission to borrow $4 million from such projects and utilize the funds to purchase right-of-way.

Commissioner Scarborough inquired about the drainage projects and implications of not doing them; with Mr. Washburn responding the drainage projects are associated with rights-of-way; they are the projects that consultants did studies on primarily in the South Brevard area; the County anticipated doing those projects, but after two years it needs to find monies to reallocate to the projects if the Board wishes to proceed with them.

Chairman Carlson inquired if Mr. Jones feels comfortable with the process; with Assistant County Manager Peggy Busacca responding Surface Water Improvement can only manage so many projects; the gas tax bonds will allow them to do the projects they can manage within the first two years; and Mr. Jones is comfortable with it.

Commissioner Higgs stated the County does not have a source past two years. Mr. Jenkins advised the County could have a portion of the funds, depending on the other road projects. Commissioner Higgs noted it is not identifying a replacement source in the Agenda item; with Mr. Jenkins responding using Constitutional gas tax for Spaceport corridor improvements was discussed earlier; however, the County cannot use it for that project; those are monies that could be available in three years; and it does not equal $4 million, but it is a portion of it.

Commissioner Colon inquired how much money is left from the Constitutional Gas Tax Bonds; with Public Works Finance Manager Greg Pelham responding approximately $38 million. Commissioner O'Brien requested a year-by-year breakdown on the bonds, including annual payments. Mr. Jenkins stated staff will provide those projections to the Board.

Commissioner Higgs stated when the County did the program in July, 2000, it assumed approximately $40 million in Local Option Gas Tax projects; and requested staff summarize what happened and what may happen to the revenues, where the County is with the projects, and what the options may be. Mr. Jenkins stated staff requested an additional $1 million for Road and Bridge maintenance in July, 2000; there have been significant increases in the cost of materials such as asphalt; the Board gave employees salary increases for the year; and staff has been working to reduce the amount of excess revenue paid to the Road and Bridge construction crew. He stated Road and Bridge projected almost $1 million in excess revenue it would generate from projects; it was not a realistic number; and all those factors caused staff to come back at mid-year and request the Board provide additional Local Option Gas Tax dollars for Road and Bridge maintenance. Mr. Jenkins stated if the trend continues, based on projections for next year, and if the County continues to consume all of the Local Option Gas Tax for Road and Bridge maintenance, there would not be any money for bonding future road construction projects. He stated there are alternatives to it; rather than using Local Option Gas Tax to fund Road and Bridge maintenance, the County could go back to using General Fund dollars; it also has impact fees, which it will be collecting on commercial development; and staff will look at various other revenue options. He noted during next year's budget process, the Board will have to make some decisions on whether or not to use Local Option Gas Tax to fund Road and Bridge maintenance or hold those dollars for construction projects and use other funding sources for Road and Bridge maintenance.

Commissioner Higgs inquired if staff is planning to bring options to the Board at the Capital Improvements Plan workshop; with Mr. Jenkins responding yes. Commissioner Higgs suggested the May 15, 2001 workshop include a summary of road projects; and stated it would be useful to discuss funding alternatives as opposed to specifics of projects, as to talk about specifics of projects is premature if the Board is not willing to look at alternatives to funding. Mr. Jenkins inquired if the Board would rather focus on the financial side of the projects than having engineering presentations; with Chairman Carlson responding yes.

Public Works Director Henry Minneboo stated there are alternatives on some of the projects that need to be provided to the Board; and it may be helpful to draw some conclusions on the cost of the projects. He stated staff's plan was to have each consultant do a presentation on a specific project; and funding alternatives could be discussed at the conclusion of the presentations.

Chairman Carlson stated the Board needs to see the big projects and what their potential impacts are, then discuss the financial issue. Commissioner Colon stated the financial discussion needs to take place in the beginning because there will be a lot of citizens attending the workshop, and they want to know if a certain project is going to exist or if there is no funding. Chairman Carlson inquired is there a consensus of the Board to discuss finances first then the projects; with Mr. Jenkins responding Mr. Minneboo indicated the Board needs to have the costs to know what the financing issues are; and if it does not know how much it is going to spend, it cannot talk about how it is going to pay for it. He inquired if there were variations in the options on the projects; with Mr. Minneboo responding the community was not receptive to certain projects; there may be projects the Board does not want to fund; some of the projects were as much as $7 and $8 million; and if that is the case, it will change the calculations.

Commissioner Colon requested staff provide information to the Commissioners before the workshop concerning the different projects and how the community feels about them.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to direct that the May 15, 2001 workshop include discussion on alternatives for funding and financing road projects and a summary of the projects from the consultants. Motion carried and ordered unanimously.

Chairman Carlson passed the gavel to Vice Chairman Scarborough.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Resolution supplementing and amending Resolution No. 2000-010 of the Board of County Commissioners of Brevard County, Florida, pertaining to the County's Constitutional Fuel Tax Revenue Bonds, Series 1999; modifying the definition of "initial project" contained therein and providing an effective date for this Supplemental Resolution; and execute Amendment to Contract with Post, Buckley, Schuh & Jernigan dated October 24, 2000, providing compensation not to exceed $7,113.70 to the consultant for Pineda Causeway Extension Project, Phase II, Final Design. Motion carried and ordered unanimously.

Vice Chairman Scarborough passed the gavel to Chairman Carlson.

DISCUSSION, RE: BUDGET REPORT FOR FY 2001-2002

County Manager Tom Jenkins advised the Board requested a list of items staff is aware of for next year's budget, and the report is a compilation of the items the Budget Office has identified.

Chairman Carlson stated staff listed reduction in Predisposition Juvenile Detention; and inquired about the status of it; with Mr. Jenkins responding he is not sure, but will provide the information to the Board. Chairman Carlson inquired about the Juvenile Assessment Center; with Commissioner Higgs responding it is included. Chairman Carlson stated the request for five deputies for the Domestic Violence Task Force is not listed; with Budget Manager Dennis Roger responding it is not listed because the Board has not taken action on it, but it is part of the Sheriff's budget request for next year. Mr. Jenkins stated it should be on the list because the Board authorized a grant application. Commissioner Higgs stated she was under the impression the Board only discussed the issue. Chairman Carlson requested staff provide clarification.

The Board acknowledged receipt of the budget report for FY 2001-2002 and discussed the list of items that will impact the budget, but took no official action.

STAFF DIRECTION, RE: EXISTING STRUCTURES IN WEST CANAVERAL GROVES

Assistant County Manager Peggy Busacca advised Section 62-102 of the Brevard County Code, currently requires if application has not been made by June 30, 2001, and an existing permanent structure is not brought into compliance by that date, the structure will be considered illegal and Code Enforcement actions are to proceed. She stated in a separate action, the Board directed staff not to enforce the Codes against existing permanent structures until otherwise told by the Board; staff has identified several options for enforcement; the first is to begin enforcement action as required by the Code which would likely be fines levied against the homesteaded property; but the Board cannot move forward on foreclosures, as it is precluded by State law. She stated the second option is to amend Section 62-102 to extend the compliance period; the original compliance period was 1997, but it was extended to 2001; and the third option would be to leave the Ordinance as is and maintain the current policy so that Code Enforcement abatement would continue. Ms. Busacca advised staff suggested the area be designated as a Community Development Block Grant (CDBG) target area, but those funds have been allocated for the next two years; however, the intent is to use CDBG funds to bring the structures into compliance.

Richard Kretzer stated Canaveral Groves is a bad situation to talk about; nobody wants to do anything, and they give him the runaround; it is good to get the housing up to Code; but his main concern is the roads. He stated he was fined for cleaning out an existing ditch, and has to go through a hearing on it; Ms. Busacca gave him information on individuals to contact, including Environmental Health, Natural Resources, and the Building Department; and he tried to get a copy of the document defining a County-maintained road, but Road and Bridge would not give him a copy of it. Mr. Kretzer stated the County is not maintaining the road; he called County staff requesting they grade the road; and they indicated they are not going to grade it every week, but every two weeks to once a month, as people have been speeding on the road after it is graded. He stated if people are speeding, law enforcement should be out there; he would like straight answers of what is going to happen; and requested something be done for Canaveral Groves.

Ms. Busacca advised she offered to speak with Mr. Kretzer, but he indicated he preferred to speak to other people; she told him that the item would be brought up today; and the reason she gave him a number of people to contact was because he had a number of different questions. She stated the Board directed that Satellite Boulevard be maintained in a usable condition; it was not built to County standards and is not maintained to County standards; it is her understanding that last year the County spent approximately four times as much in maintaining Satellite Boulevard as the area generated in MSTU taxes; and she explained that to Mr. Kretzer. She noted Mr. Minneboo can explain the new grading schedule; and she understands it has been reduced because the funds are depleted.

Public Works Director Henry Minneboo advised during dry conditions, a washboard effect will occur on the road much greater than when there is moisture; grading is not the answer to those situations; the road was never maintained by the County until about four years ago; the Board saw the need to try and assist the people on Satellite Boulevard; and that is when the County came to maintain it. He stated there were holes in the road in excess of eight feet; the County's four-wheel drive vehicles and bulldozers could not get through there; and the road is significantly better than it has been in the past.

Commissioner Scarborough stated staff wrote letters to the residents in the area asking them to enter into an agreement to create an MSBU for water or roads; it did not receive a great response to the requests; and in spite of the fact that Satellite Boulevard was not a County road, staff did improvements. He stated the question today is how to proceed; the County is trying to figure out a way to bring the area into compliance; he can remember going to meeting after meeting at the Agricultural Center on West Canaveral Groves issues; and unless people attended those meetings, they would never appreciate the tremendous amount of time that has been spent by County staff in trying to make things right. Commissioner Scarborough advised the County created the ARR zoning classification so people could come into conformity; rather than it being used for that, it became a vehicle for development that was an anomaly in the whole County; and it was not the intention of the Board. He stated the Code Enforcement issue needs to be addressed separately; there may be a number of people without the ability to come into compliance; staff needs to track where this action is going, as he can see the County getting a bunch of liens; and the residents are not going to understand the significance of it. He inquired if there is a way for the County to rationally proceed.

Ms. Busacca stated she believes everyone who can financially come into compliance has done so; the incentive of electricity was greater than the disincentive of Code Enforcement action; it is a problem that money can fix, but there is no money so the County may not see improvements in living conditions; and the ability to make improvements to mobile homes is limited. She noted the County may need to make a commitment to finding funds, which may be private rather than public, to ultimately bring those structures into compliance; and the alternative is to enforce the regulations, most of which will result in liens on homesteaded property, but it would not change the living conditions. Ms. Busacca indicated the County Attorney may want to respond concerning any liability issues the County may have in labeling those residences as something besides not in compliance, as there could be health and safety issues.

County Attorney Scott Knox advised the County generally does not have liability for not enforcing its Codes; it went for years without enforcing the Ordinance; and it is a policy decision of the Board whether it does or does not.

Commissioner Higgs advised she understands the dilemma and does not want to be punitive to people; and inquired how does the County not enforce the Code there when it does it in other areas, and how can it be just and fair when on one side it says someone has to comply and on the other side not make them comply. She stated the County has Building, Septic Tank, and Plumbing Codes to protect the public's health and safety; that cannot be ignored; and they need to be enforced fairly, justly, and across the board. She stated the County could assist them if it can delineate a use of CDBG funds and other sources of funding, but it cannot continue to ignore the situation.

Commissioner Scarborough stated not to ignore means to eliminate the problem; to place liens on properties is not an action that is going to obtain results; as soon as residents realize they are only liens, they are going to stay there in the same conditions; and inquired if Commissioner Higgs has a plan to take additional action after liens are obtained to cure the problems. Commissioner Higgs stated the County has to consistently enforce its Codes; and inquired what is the next step after the Code is enforced and a lien is applied; with Mr. Knox responding the only option the County has is to foreclose the lien if it can, but there is a Constitutional provision that says if it is homestead property, the County cannot enforce it unless it is a special assessment. Mr. Knox advised if the Board wants to pursue a vigorous campaign in that area, it would have to do something to structure it in such a way that it has a special assessment when it ended up at the bottom line; and that may be a way to do it. Commissioner Scarborough inquired does the County want to throw people out of their homes who are indigent, what will it do with those people, and does it plan to buy those individuals new homes.

Commissioner Colon requested Ms. Busacca explain the conditions and public safety issues in the area. Ms. Busacca responded the roads are largely privately owned, which means they are maintained on an individual basis; and it is an issue of trying to get emergency vehicles to the area. Ms. Busacca stated the water is poor; most people have to treat the well water significantly; and some people use cisterns and sub-standard water sources, such as surface water from ditches, which is not potable. She noted many of the residents live there without proper septic tanks; some residents use 55-gallon drums, some use temporary rental units, and others constructed their own sanitary facilities; and many of the homes have never been inspected. She stated the County does not know if they meeting the Building Code, although by visual inspection, it would appear that some of them do not. Commissioner Colon stated there are criteria that CDBG and Habitat for Humanity go by which were not being met with certain homes. Ms. Busacca advised Habitat for Humanity has expressed a great deal of concern about spending its time and effort to put people in areas that are not on County-maintained roads; so it is unwilling at this time to consider assisting the people in the area. She stated State funds are limited for use on mobile homes; if the Board wants to enter into a program where stick-built houses were constructed utilizing federal and/or State dollars, they may be available; however, the County would be using dollars on areas where there are no County-accepted roads. She noted the fact that the roads are privately owned puts a barrier in the County's way in trying to improve the area.

Chairman Carlson inquired what is the County required to provide in terms of services to those individuals who pay taxes; with Mr. Knox responding it is required to spend money it receives from all parts of the County for public purposes; how it spends it is discretionary with the Board; and if it is spending money on water lines, it has to give everybody who pays the appropriate fees an opportunity to connect to those lines. Chairman Carlson inquired where is the County's liability if there is not sufficient access to properties and residents call 911 in emergency situations; with Mr. Knox responding if the County cannot get to certain residents because they erected a house in an area without a permit or where there is no road access, it is not the County's responsibility; and the residents should have obeyed the rules and regulations that allow the County to get to them in times of emergencies. Chairman Carlson inquired if there is a non-compliant property, can the County refuse services to that property; with Mr. Knox responding yes, if it is non-compliant and the County cannot get to it. County Manager Tom Jenkins advised the residents are getting services; and the fire trucks and ambulances respond, but they cannot get down some of the roads in Canaveral Groves.

Commissioner Scarborough inquired if Code Enforcement treats a health and safety issue differently than a non-health and safety issue, and if it is of critical concern that there could be health problems, is additional action taken; with Ms. Busacca responding the County is not proactive unless there is a health or safety violation; and in West Canaveral Groves, the County considers anyone who moves in without a permit violates health and safety regulations. Commissioner Scarborough inquired if the County can do something more than lien the property if the water supply and septic system are functioning in a manner that is a basic health problem; with Ms. Busacca responding if there is a nuisance that has not been abated, the Department of Health would come to the County and request an injunction. Mr. Knox advised the Board has Building Codes that allow it to take specific actions for unsafe building conditions; he is not sure where the County is in terms of who files the appropriate papers to get individuals removed from certain properties for health and safety reasons; and if there are terribly unsafe places, there are ways the County can deal with it.

Commissioner Higgs stated problems in cities of sub-standard housing, including ghettos with rats and children living in horrible conditions, occurred because government has not applied the rules; the County has rules to protect people against harmful conditions; its failure to apply the rules in this situation that protect public health, safety, and welfare is doing nothing but allowing people to live in sub-standard housing; and it is against what the County is about.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve Options 1 and 4, to begin Code Enforcement actions as required in Section 62-102 regarding existing permanent structures in West Canaveral Groves that are not in compliance with County Codes, designate the area as a CDBG target area, and utilize CDBG funds to assist property owners to come into compliance.

Commissioner Scarborough stated the only resource available to individuals to correct the problems is their own resources; Ms. Busacca indicated they do not have the resources to take care of those problems and the only thing the County will have are a lot of liens; and unless the County Attorney can identify other means to move forward, he cannot support the motion.

Commissioner Colon stated the reason she supports the motion to protect the health and safety of the individuals who live there, including the young people; and the County needs to pursue federal and State grants that may be available to assist people who are living in sub-standard housing.

Chairman Carlson stated she will support the motion because it takes the County in a direction; but it does not resolve the real problem of how to deal with individuals whose sub-standard housing may never come into compliance. She noted the liens are not going to make a difference. Commissioner Scarborough stated Code Enforcement action and liens will not address the problem; however, he supports the second part of the motion.

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

Chairman Carlson inquired what is the criteria that define a dirt road as being compliant; with Ms. Busacca responding it is through the Land Development Regulations; and staff will provide the information to Mr. Kretzer. Chairman Carlson requested staff also provide the information on non-compliant dirt roads to Mr. Kretzer.

PERSONAL APPEARANCE - ERNEST DeSANTIS, RE: SHORT-TERM RENTAL OF
RESIDENTIAL PROPERTIES

Ernest DeSantis advised he owns a motel in the South Beaches; recently the State inspector informed him there are approximately 18 properties that were residential houses being run as motels; they are referred to as "resort dwellings"; and he is competing with those properties, but does not know what they are as they are disguised as residential houses. He stated the State has no problem with it as long as the owners meet State requirements; the State has been issuing permits to properties for short-term rentals without informing the County that it is giving permission to do that and without checking the zoning; Mel Scott informed him there is no restriction on length of stay on residential property; and he is allowed to rent short-term, but has restrictions on length of stay, which is three months. Mr. DeSantis stated it is discrimination because people are better off investing in residential property and not having any restrictions on how long someone stays there. He stated there is also loss of revenue to the County if those properties are not collecting the resort tax; he collects 4%; and the problem is going to get worse as individuals advertise those rentals on the Internet. He inquired if they should be taxed as commercial property instead of residential property. Mr. DeSantis advised Mr. Scott is coordinating with the State to have it notify the County concerning those properties before permits are issued; and provided letters from other motel owners who could not be present at the meeting to the Commissioners.

Phyllis Collins advised she is a resident of the South Beaches; one of the residents purchased two houses and decided to rent out both of them; there are renters in those houses every week who trespass on her property; and she has no privacy. She stated she did not know she was going to be moving into an area that was going to be commercial; it is disappointing; and real estate agencies and neighbors should be notified before those people are licensed.

Commissioner Higgs advised it is not a new issue in traditional beach areas, which historically have beach houses rented out; it was discussed in Cocoa Beach and Monroe County; and it is the subject of extensive litigation as the Monroe County Board of County Commissioners invoked a short-term rental Ordinance that no longer allows it, which resulted in litigation. She stated the Board needs to understand the legal side; the County Attorney should provide some background information; it also needs to understand what rulings the Department of Revenue may have made; and it needs information from the Property Appraiser in terms of evaluating commercial versus residential uses. Commissioner Higgs stated the licensing issue is interesting as is the whole issue of whether or not there should be short-term rentals on residential properties; it does not seem to be forbidden in the County Code; and the Tourist Development Council needs to coordinate with the State to determine the revenue that should be collected. She stated the Board needs to ask for a comprehensive report to understand the full breadth of the issues and what the options are if it chooses to move forward on this.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to direct staff to provide a comprehensive report to the Board concerning short-term rental on residential properties, including any rulings by the Department of Revenue; direct the TDC to coordinate with the State to determine the revenue that should be collected; request information from the Property Appraiser in terms of evaluating commercial versus residential uses; and direct the County Attorney to provide information concerning litigation issues. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - CHARLES SLAVEN, RE: PARTIAL RELEASE OF
FINAL JUDGMENT ASSESSING ATTORNEY'S FEES AND COSTS

Charles Slaven requested removal of a lien on his property, contingent on satisfying a lien with the City of Rockledge; and stated he was informed that he had to satisfy the lien with the County prior to going to the City.

Assistant County Manager Peggy Busacca advised the Slavens sold a piece of property to Mr. Stumpfhauser, which included a lot and mobile home; unfortunately the Slavens had to foreclose on the mortgage and have now found another buyer for the property; but during the initial title search it was not noticed that Mr. Stumpfhauser had a final judgment assessing attorney's fees. She stated Attorney Minot, who represents the Slavens, stated the options are to move forward and re-foreclose the mortgage, in which case the lien would be junior and go away, or for the Board to allow the assessment to be removed so the Slavens can move forward with resale of the property.

County Attorney Scott Knox advised the County has a subordinate lien to the original priority lien; it was foreclosed and nobody caught it; and the Slavens are trying to avoid having to re-foreclose.

Chairman Carlson stated it is her understanding there was a misspelling of the name which caused the lien not to be identified during the first title search.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to release the lien for Charles E. and Betty Rathweg Slaven on Lot 10, Block 2, Village Green Estates, as the Final Judgment was indexed incorrectly.

Commissioner O'Brien inquired why does the County put liens on properties and when someone forecloses or buys the property, the lien is not worth anything; with Commissioner Scarborough responding this case is a junior lien they failed to pick up; they can re-foreclose and wipe it out; and the end result is that the County would have no lien and would not have anything to enforce under the law because it is subordinate to somebody else's higher right. County Manager Tom Jenkins stated it was not a Code Enforcement lien and not one of the County's per se.

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

ANNOUNCEMENT, RE: TELEVISED SCHOOL BOARD MEETING

Commissioner O'Brien advised the School Board Meeting will be televised live tonight beginning at 5:30 p.m. on the Space Coast Government Television; and it may be of interest to those individuals concerned about the school resource officers.

ANNOUNCEMENT, RE: DOMESTIC VIOLENCE GRANT MATCH AND JUVENILE
JUSTICE ISSUES

County Manager Tom Jenkins advised the Domestic Violence grant match was on the list at $25,000; and the County did not get stuck with the $2 million Juvenile Justice item, as it did not pass.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 4:20 p.m.

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

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