May 7, 2002

The Board of County Commissioners of Brevard County, Florida, met in regular session on May 7, 2002, at 9:03 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Susan Carlson, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Scott and Elmarie Parker, Co-pastors of Viera New Church Development Presbyterian Church.

Residents of Embers Alzheimer's Special Care Center led the assembly in the Pledge of Allegiance, and sang God Bless America.

APPROVAL OF MINUTES

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve the Minutes of March 1, 2002 Special Meeting and March 7, 2002 Zoning Meeting. Motion carried and ordered unanimously.

DISCUSSION, RE: DEPENDENCY CONTRACT ATTORNEY COMPENSATION

Judge Lisa Davidson advised she is assigned to the Dependency Division in Brevard County, which deals with abused, abandoned, and neglected children; and with the blessing of Chief Judge Bruce Jacobus, she is here to request the Board hire additional attorneys to represent parents in dependency actions and increase the pay of the contract attorneys. She advised the selection committee is comprised of the Dependency Judge, County Commissioner, and a judge familiar with dependency; and requested permission to enlarge the committee. She stated Brevard County has five attorney positions, and pays $36,400 a year to each attorney; beginning July 1, 2002, the Board approved two additional positions for a total of seven; and each attorney would earn $50,000 per year. She stated nothing in her professional or personal experiences ever prepared her for dependency court; every week and sometimes every day she sees children who have been physically abused, tortured, sexually molested, born addicted to crack or other drugs, and abandoned by parents or a parent who leave them with sitters and not return. She stated she sees children in the system because financial problems led their parents to make poor decisions about their wellbeing; and she sees children in the system that should not be there at all. Judge Davidson stated every day she deals with children who are not living with their parents, have no permanency in their lives, are moved from home to home, school to school, person to person, and neighborhood to neighborhood; and there is no such thing as routine or familiarity. She stated they are constantly adjusting and readjusting to their living situations, sometimes with relatives, foster parents, facilities such as Crosswinds, Country Acres, or Hacienda Girls Ranch, or residential treatment hospitals such as Devereux, Tampa Bay Academy, or Universal Behavior Center. Judge Davidson stated the children have severe emotional and psychological problems; and conservatively they have over 700 open dependent cases and over 1,100 children in the dependency system in Brevard County. She advised by law each parent who cannot afford an attorney must be furnished one at every critical stage of dependency proceedings; if a parent cannot afford an attorney and is not furnished one, a case will be reversed on appeal; so they would not have gained anything for the children. She stated her goal and the dependency statute require that each child reach permanency in one year from removal from the parent; and Brevard County has been sorely out of compliance to a large degree because of the large number of cases they deal with and the lack of court resources that make it impossible to adequately manage those cases. She stated the Legislature blessed Brevard County October 1, 2001 with funds to develop a model dependency court; they now have two case managers, a general master, and dependency cases are reviewed in court at a minimum of 90 to 120 days instead of the 180 days required by Statute; in addition, they have frequent status and evidentiary hearings to resolve any problems with the parents or Department of Children and Families. Judge Davidson stated they hold the Department and all parties, especially the parents to strict compliance with all statutory time frames; they are expeditiously bringing to trial dependency and termination of parental right cases; and requests for continuances of any dependency proceedings are closely scrutinized and monitored by her. She stated all that requires significant time from the contract attorneys; last year, even before they implemented the model dependency court, they had five attorney positions and could only get four applicants; they had to give one of the attorneys two contracts; and with the additional time required of contract attorneys due to the model dependency court, it will be harder to fill those positions. She stated Mr. Whitten is here to explain how the County can afford her request; and with competent contract attorneys representing the parents, the last piece to implement a model dependency court will be in place. She stated she does not lightly ask the Board for funds; she does not think throwing money at every problem will solve the problems of society; but for the children in the dependency system, she would like to show the Board and the Legislature that a model dependency court with sufficient resources can move most of the children into permanent homes within a year of their removal at a maximum. She stated she is committed to making the dependency court work; the children of the dependency system are not someone else's children; they are her children; she feels responsible for their physical and emotional safety; and with the funds the Legislature haS given Brevard County and seven contract attorneys at $50,000 each per year, she feels she can accomplish her mission.

Commissioner Higgs stated the explanation the Judge has given is enough; the children are the Board's children and in its custody so it is responsible for them; and they all know what happens if the system does not work, so she will move the item to get the children into proper care.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute the Grant-in-Aid Agreement with the Justice Administrative Commission on behalf of the 18th Judicial Circuit as Grant Manager in the amount of $255,633.18 for Child Dependency Court Services; and authorize staff to proceed with budget actions associated with the grant. Motion carried and ordered unanimously.

Judge Davidson inquired if she has permission to enlarge the selection committee to select attorneys.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize Judge Davidson to enlarge the selection committee to select contract attorneys.

Commissioner Colon expressed appreciation to Judge Davidson for her hard work on behalf of the children. Judge Davidson stated she hopes she is doing the right thing because in dependency court one never knows; and she prays that with God's help, she will make good decisions.

County Attorney Scott Knox advised Assistant County Attorney Cliff Repperger informed him that the Board needs to appoint a selection committee as part of the agenda item. Commissioner Higgs inquired if the Board needs to name the members; with Assistant County Attorney Cliff Repperger responding currently the committee is set up as the outgoing dependency judge, current judge, and Chairman of the Board; Judge Evander was part of the selection committee the last time; but he is not sure if he would be willing to be part of it this time. He stated if the Board wants to keep the committee as is, it can do that and go forward with Judge Evander, Judge Davidson, and Commissioner Scarborough. Commissioner Higgs inquired if the Board has to be specific right now, as the motion is only to expand the committee; with Mr. Repperger responding when they advertise for attorneys they need to have the selection committee come in and select two attorneys.

Chairman Scarborough inquired what does Judge Davidson contemplate in the expansion; with Judge Davidson responding possibly someone from the County Attorney's Office. She stated she hopes to stay on the committee along with Judge Evander and a County Commissioner; and if not Judge Evander, then her designee. Chairman Scarborough recommended a motion to name the membership of the selection committee.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to appoint Judge Evander or Judge Davidson's designee, a County Commissioner, Judge Davidson, and the County Attorney or their designees to the selection committee to select two attorneys for Dependency Court. Motion carried and ordered unanimously.

REPORT, RE: DATES FOR GRANT AGREEMENT WITH FISH & WILDLIFE SERVICE

Assistant County Manager Stephen Peffer advised Fish and Wildlife Service agreed to revise the dates the Grant Agreement will take effect; and it will be May 8, 2002 instead of April because the paperwork was delayed due to approvals at the State level. He requested the Board approve the Agreement with the new dates.

PRESENTATION, RE: BREVARD WORKFORCE DEVELOPMENT BOARD
STRATEGIC PLAN

Linda South, Executive Director of Brevard Workforce Development Board, stated she discussed with the Board the corporate plan released by the Workforce Development Board in January 2002 that highlights features of the plan as it relates to the region; she met with each Commissioner; and the full corporate plan can be found on their website at www.bwdb.org. She stated the work of the Workforce Development Board is to set the strategic plan for workforce investments in Brevard County so that it is responsive to the needs of the community; and it sets the policy of the workforce investments and provides the oversight to the system to assure they are getting the best outcomes for the funds that are invested. She stated it is the work of the community; she is proud of the community's involvement in their processes; they have a very engaged and active board of directors, auxiliary committee members who sit on their committees to develop work plans; and they also take the strategic plan to the community meetings throughout the region and provide opportunities for public comments and incorporate the plans of other community based organizations in establishing their corporate goals to be assured they are not planning in a vacuum but in concern with all the community resources. She stated they incorporated the United Way Core Committee outcomes, the Economic Development of Florida Space Coast, and Brevard Tomorrow; at the time the Brevard Tomorrow initiative was being launched, the Workforce Development Board was also identifying its need to do planning in a more integrated fashion; and they were pleased to come to the table as one of the community partners with a great deal of anticipation for the quality of research that would emerge from that document. She stated they are pleased with the outcome and have incorporated many of its components around education and workforce into their strategic plan; and as they work through their strategic plan, they look at the work they do to assure they align the work of the Workforce Development Board with economic development strategies to assure that the workforce has the skills and type of employment necessary for all folks to prosper in Brevard County. Ms. South stated there are five key goals to the Brevard Workforce Development Board; the first is the Job Link; it is probably the most visible product; and it is the retail side of employment and training, and labor market exchange. She stated last year they saw 151,000 people and had 200,000 hits on their electronic one-stop; so they know those resources are getting into the hands of people who need them. She stated the board envisions that they continue to expand the Job Link and increase the type of services and access that are available to the community through Job Link; they envision a concept of scout workers and facilitators so that everyone connected with the Job Link at the board and contractor level scout opportunities for employment and training, and economic development opportunities to broker that information to people who need them, and facilitate making sure people access those resources and put them into a plan for their personal lives. She stated they envision a vibrant dynamic marketplace where all job seekers and all employers come to the market with their offerings, whether it is skills or job opportunities, so there can be an efficient exchange of labor between employers who need the skills and job seekers needing the opportunity to prosper. Ms. South stated when all that is done, the board is committed to looking at the return on investment of the funds they are in public trust for to assure that every dollar is spent in such a way that it produces a return on the investment; and that earns the trust and confidence of the public and justifies their efforts. She advised another corporate goal is to identify the key business clusters that are important to Brevard County's economy; they would like to be everything to everybody all the time, but have not found a way to do that yet; so they know they need to target their work to specific business clusters. She stated when they do that, they will help those businesses identify strategic gaps in their workforce that prevent them from moving forward and working with education and business that will facilitate strategies to eliminate the skills gaps of the current workforce to assure there is a skilled marketplace for workers with the skills they need to keep the economy humming. Ms. South stated the third thing they need to do is increase the community's awareness of the changing workforce; that is a tough task for them to do; but they realize they need to find a way to reach parents, students, and educators to let them know about the merging world of the workforces changing dramatically. She stated the best opportunities today are yet the glimmer in the eye of an inventor or research and development team that has not yet evolved; and they need to make sure that their emerging workforce, meaning their students, have skills and ability to acquire skills in such a way that as the economy moves and the opportunities move forward, they can address those. She stated they need to engage business involvement to make sure they are educating the public about the opportunities available to them. Ms. South advised parents of her generation have always been quite adamant that their children will be college graduates with a four-year degree; therefore they will prosper and be fine; but the emerging marketplace for the labor forces is showing something quite different; while Bachelor's degrees and advanced degrees are important, they are not the only answers to prosperity or to address the skills needed of the businesses; and there are many occupations that are paying $35,000 to $40,000 on graduation certificate programs where transfer of skills to the students equates to great jobs in industries that need them. She stated an excellent example of that is the aerospace industry, which is critical to Brevard County and Florida's economy. She stated BCC has created an aerospace technician program in response to the large number of people who will be retiring out of the aerospace industry over the next decade; the aerospace certification program is recruiting for students; and trying to get the message out to people who need to hear it is difficult. She stated that is one of the examples of how the Workforce Development Board will work with the community resources to help educate the community about the needs of the workforce. Ms. South advised the Brevard Tomorrow demographics gave them a piece of data they were surprised to see; and that is that Brevard County has a higher than average number of people of working age that do not participate in the labor market. She stated 30,000 people in Brevard County below the age of 62 do not work; they need to find out why those people are not working; and to that end they are going to conduct studies to try and evaluate those 30,000 people. She noted if they are not working because they do not have to, more power to them, and they will look for ways to engage those people in volunteer activities; however, if they do want to work, then they need to identify why they are not working. She stated if it is people who retired and want to return to the labor market, strategies to address the aging population, and strategies to address people to whom English is a second language would be appropriate to engaging people in the labor market. She stated preliminary research indicates there is a large number of people with disabilities who want to work, are available to work, and have the skills to work; Workforce Development needs to find a way to get them to work if that is the case; and a strategy the Workforce Development Board authorized under the current contract is a grassroots mentoring program that is designed to target the 11 most impoverished census tracts in Brevard County to determine why residents there are not working. She stated those are strategies they will be looking at to implement to capture the 30,000 people who are not working. She stated any type of concerns about high unemployment rate are distant memories because they do not have enough of a population to replace the aging workforce that is going to retire; so they cannot afford to squander or risk any of their potential labor force. Ms. South advised the fifth area is about the career ladders; long gone are the days when they would start to work at a company where their dads worked for 30 years, moving careers upward and retiring with gold watches; those days are over; it is important for the Workforce Development Board to work with area industries to identify pathways for job seekers to enter into a productive career path; and that means they need to be able to teach skills that are transferable among companies. She stated they need to teach people how to critique things, work in teams, and do the types of activities that will make them valuable in an emerging economy; and that is important for them to focus on because the thinking about the labor force in ten years is that more and more people will become free agents in the marketplace. She stated as they transfer from an industrial-based economy to a knowledge-based economy, they will find companies that have core employees that are essential to their business, then they will contract activities out whether it is research and development, manufacturing, or marketing skills. She noted the employees acting as free agents will have to have a mechanism for finding the right teams to work on then working on them until the problem is solved before going to the next team; and they must find ways to help job seekers identify their skills, how to document them, and how they can move freely between employers as they make their move up the career ladder. She stated the Workforce Development Board wants to be known for the work they accomplished as it relates to achieving the County's vision for opportunities that are available here, not only for the businesses that keep the economy rolling along, but also for all the job seekers, workers, and families they support as they work through the door of prosperity.

Commissioner Carlson advised she heard the long version of the Strategic Plan and was impressed; she thanked Ms. South for all the work she has done; and requested she explain the overlap of what they do and what the Economic Development Council does and their relationship.

Ms. South advised the employment training programs have emerged away from being only target programs for poor people who have moved into the concept of workforce development; workforce development and economic development cannot be separated because they cannot have a robust economy without the workforce needed to do the work; and they cannot have businesses coming here if they do not have a skilled workforce pool to draw from. She stated the Economic Development Council and the Workforce Development Board have entered into a Memorandum of Agreement; and they are in their fourth year of that Agreement in which collaboration between the two organizations happen at a very integrated level. She stated the Workforce Board pays for a workforce advisor position at the Economic Development Council; there is a great deal of overlap between the governing boards; and when economic development projects come to town, the Economic Development Council utilizes the resources of the Workforce Development Board to satisfy the prospect's answers for the labor pool. Ms. South advised the Board recently amended the ad valorem tax abatement program to mandate that all companies that are going to benefit from that put their jobs with Job Link, again contributing to the vibrant dynamic marketplace; they are side-by-side with Economic
Development Council in physical real estate, so they zip back and forth when the need arises; and it provides them the opportunity to work closely together.

Chairman Scarborough thanked Ms. South for the presentation.

REPORT, RE: JPM LITIGATION

County Attorney Scott Knox advised some time ago the Board turned down an appeal filed by JPM in conjunction with expansion of a beer and wine license at Runways Adult Entertainment establishment on SR A1A; that went to litigation; Judge Evander upheld the County's denial of the expansion; and that has now gone to the Fifth District Court of Appeals. He stated the Fifth District Court came back with an eight-page decision upholding Judge Evander's and the County's decisions.

REPORT, RE: AGENDA ITEM

Commissioner O'Brien requested Item III.A.13, Resolution releasing Contract for improvements in Sunset Lakes, Phase IX be pulled from the Consent Agenda.

REPORT, RE: SPACE CONGRESS

Commissioner O'Brien advised Space Congress wrapped up Friday; there must have been 50 to 60 science projects from high school students there; it is unbelievable what some of those young people thought of for projects; and they had to do it on their own. He stated even companies who had displays at the Space Congress made comments that they wanted to contact some of those young people to use their ideas; it happens every year, generally in Cocoa Beach and Cape Canaveral; and it is bringing together a lot of scientists and engineers who work in the Space Program. He stated it is open to the public; they can go in and see the displays and talk to some of the vendors that supply mainly Kennedy Space Center as well as people who make the various Delta IV rockets, and see some of the new equipment they display. He noted they also have little gifts they give to the public, such as pens, erasers, balls, little shuttles, etc.; and recommended next year people plan to go to the Space Congress, as they will be pleasantly surprised at what is there.

REPORT, RE: STATE BASEBALL TOURNAMENT

Commissioner Higgs advised at 7:00 p.m. at Space Coast Stadium is the continuation of the State tournament for community college baseball; it is the winners bracket finals; and BCC will be playing. She stated it has an outstanding team; and if they win tonight, the finals will be tomorrow night; so this is an opportunity for citizens to go out and see great baseball up close and support the BCC team.

REPORT, RE: YMCA 60TH ANNIVERSARY CELEBRATION

Commissioner Colon advised she attended the YMCA 60th Anniversary celebration and met Commissioners from Orange County who spoke highly of her peers; and Linda Chapin mentioned she was impressed with the open space in Brevard County, which speaks highly of its leadership, and is eager to come here and discuss it further. She stated Jack Masson was with her and exchanged business cards with Ms. Chapin and told her they would take her up on that. She stated they were trying to possibly bring two YMCA's to Brevard County; and they were surprised about how the business community, volunteers, and government work closely with one another. She stated they said there were things they wanted to learn from Brevard County, which is amazing, since everyone thinks Brevard County tries to copy Orange County.

RESOLUTION, RE: RECOGNIZING MARIAN TREMBLY

Chairman Scarborough advised Marian Trembly has volunteered many hours and contributed much of her time to the Mims community; and requested the Board adopt a resolution expressing appreciation to Ms. Trembly. He noted the resolution will be presented later.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution expressing appreciation to Marian Trembly for her outstanding contributions to the Mims community for many years. Motion carried and ordered unanimously.

REPORT, RE: RAILS TO TRAILS PROJECT

Chairman Scarborough advised the State authorized the purchase of the old Florida East Coast Railway track from Titusville to almost Seminole County; and while the funds have been appropriated and everything is in order, the State advised it is putting everything on hold because a corporation in Miami, which is a lumbering company, wrote a letter. He stated FEC is the owner of the property, but for some reason the State is dragging its feet which is disappointing. He stated the East Central Florida Regional Planning Council is sponsoring the project; Pat North from Volusia County and a great number of the Volusia County staff, people from the State, and people from the Rails to Trails Program were there; and requested authorization to contact Guy Spearman and the Legislative Delegation, because the State has the money and on its own volition decided to put the whole thing aside because of a letter. He stated they need to be more proactive in acquiring the trails; and requested a motion to authorize him to contact Mr. Spearman and the Brevard Legislative Delegation.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to authorize the Chairman to contact Lobbyist Guy Spearman and the Brevard Legislative Delegation concerning the State's delay in acquiring the FEC track for use by the Rails to Trails Program. Motion carried and ordered unanimously.

REPORT, RE: NATIONAL RAILS TO TRAILS

Chairman Scarborough advised the National Rails to Trails will be in Central Florida in November; they will be spending time in Brevard County, which is a wonderful opportunity for the Board; they meet only every other year on the West Coast of the United States and on the East Coast; and the last time they met in Washington, D.C., so it is a real coup that Florida was able to bring in the top people in the Rails to Trails Program. He stated Barbara Meyer will give the Board more information; this is something the Board needs to immerse itself in as much as possible, because if they become excited about Brevard County, it can only benefit in decisions that are made in Washington.

RESOLUTION, RE: PROCLAIMING HURRICANE AWARENESS MONTH

Commissioner O'Brien read aloud a resolution proclaiming May 2002 as Hurricane Awareness Month.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution proclaiming May 2002 as Hurricane Awareness Month, and urging the cooperation of the National Weather Service, municipalities, and media to inform residents and visitors on preparedness and safety measures. Motion carried and ordered unanimously.

Commissioner O'Brien presented the Resolution to Emergency Management Services Director Bob Lay, who introduced Lars Holfve from Merritt Island, Allison Hanson from his office, Pastor Dave Harris from Mims Methodist Church and President of the Volunteer Organization Assisting in Disasters (VOAD), and Mary Bolin, who is heading up the Brevard Prepares Branch Bust, to clean out branches and other things out of neighborhoods prior to hurricane season. Mr. Lay stated it is the tenth anniversary of Hurricane Andrew and the 30th of Hurricane Agnes; and Agnes did not hit Brevard County directly but spawned F-3 tornadoes that did extensive damage to Brevard County than any other weather phenomena in recent times. He stated the Alzheimer's Center have people who could be impacted by hurricanes; the Citizens Academy went through a small orientation and know what is involved; but the most important thing is education, because without it and awareness, they would not be able to mitigate the potential loss from some of the disasters. He stated the Kiwanis, VOAD's, Allison Hanson, and Mary Bolin will help us do all the things in terms of education; and thanked the Board for its support. Commissioner O'Brien stated he heard they have determined that Hurricane Andrew had winds higher than 150 mph; with Mr. Lay commenting it is appropriate on the 10th anniversary that they figured that out. Mr. Lay stated the National Hurricane Center also makes predictions although they have not made them yet, but currently, they are looking at 13 named storms, 7 hurricanes of which 3 would be major.

Commissioner Colon inquired if they have to bring out debris this month or in June; with Ms. Bolin responding in May everybody should get all the loose debris out of their yards and to the curb before they become hazards during high winds.

Commissioner Carlson stated the County needs to make sure it is prepared when hurricane season starts because Waste Management that collects debris needs to collect this month so it does not have to collect huge amounts during the next few months, and would have a better chance of getting it all up in a timely fashion. She stated that will make a big difference; she has been busting branches in her yard; and she had mountains of debris every Monday for pickup. County Manager Tom Jenkins stated it is not only for dead debris, but pre-storm trimming and pruning should be done now and not the day before a hurricane. Ms. Bolin stated broken bicycle parts, old lawn furniture, concrete animals, etc. should also be discarded or put inside.

RECOGNITION, RE: EMPLOYEE LONGEVITY

County Manager Tom Jenkins advised this is an opportunity to recognize employees with 30 and 25 years of service; and George Campbell, Donna Gardner, and Ricardo Ware have 30 years. He stated George came to the County in November, 1971 as a mechanic assistant; and he progressed quickly and was promoted to automotive mechanic I in 1972 and heavy equipment mechanic in 1973. He stated George received numerous "Ask Me I'll Help" awards and letters of commendation for going out of his way to help staff and the public; and he is also responsible for keeping track of all vehicles when there is an auction to get rid of surplus vehicles. He congratulated George on his 30 years of service. The Board applauded George's longevity and outstanding service.

Mr. Jenkins advised Donna Gardner began her service in 1972, and came to the County from the City of Titusville Library; and she is currently working as a Data Control Specialist and Contracts Management, keeping track of the numerous contracts the County has with various businesses. He stated she also worked in Human Resources, Risk Management, Safety and Health, and Permitting and Enforcement, so she has a lot of experience and has been a valuable employee. He congratulated Donna on her 30 years of service; and the Board applauded her for her longevity and outstanding service.

Mr. Jenkins advised Rick Ware came to Brevard County after serving his country in the U.S. Marine Corps, and is a Vietnam veteran; he started as a mechanic assistant with Central Equipment Pool in 1972, and was promoted to mechanic that same year and heavy equipment mechanic in 1973. He stated Rick achieved lead worker status in 1992, and possesses a master technician rating from the National Institute of Automotive Excellence. He congratulated Rick on his 30 years of service; and the Board applauded him for his longevity and outstanding service.

Commissioner Colon presented plaques to George Campbell, Donna Gardner, and Ricardo Ware.

Mr. Jenkins advised the 25-year awards go to Keith Alward, Danny Austin, Carolyn Bennett, and Nancy Smith. He stated Keith began his career in 1976 as a maintenance worker with District 3/5 Road and Bridge; he was promoted through the ranks to Automotive Equipment Operator 1 and 2, Heavy Equipment Operator, Project Supervisor, Road Supervisor, and ultimately to South Area Maintenance Superintendent in 1989. He stated Keith is admired by his supervisors for his excellent leadership qualities and willingness to work with County Departments for the betterment of all Brevard County citizens. He congratulated Keith and the Board applauded his longevity and excellent service.

Mr. Jenkins advised Danny Austin began his career as a firefighter and became a Lieutenant in 1984 and Lieutenant/EMT in 1985; and in 1987 he went to the Training Department, and was promoted to Captain in 1990. He stated Danny is responsible for the continued education and training of emergency services personnel as well as selection and orientation of new hires; and during the past three years, due in part to the firefighters support referendum, Danny has helped to hire over 275 new personnel to Fire/Rescue. He congratulated Danny, and the Board applauded his longevity and excellent service.

Mr. Jenkins advised Carolyn Bennett has served in the Central Area/Merritt Island Beaches Service Sector as a Parks Maintenance Worker since she was hired in November, 1976; she spent most of her career at Jetty Park where she received numerous letters of appreciation from co-workers and park patrons; and she transferred to Kiwanis Island Park in 1994. He stated she received accommodations for her quick response during a fire, which saved the community building from extensive damages in 1997; and through the years, her co-workers have appreciated her punctuality and positive attitude. He stated Carol is currently working at the Woody Simpson Community Center on Merritt Island. He congratulated Carol, and the Board applauded her longevity and excellent service.

Mr. Jenkins advised the last recipient is Nancy Smith; Nancy was hired as a secretary for Brevard County Welfare in 1976 and within two weeks became a social worker; and she was with Social Services 17 years, Vice Chair for Disaster Services, on the Board of Directors of Brevard County American Red Cross, and Special Needs Shelter Coordinator with Social Services. He stated it was a natural attraction for Nancy to eventually transfer to the Office of Emergency Management; she has been with Emergency Management eight and a half years and currently serves as Community Coordinator; and she is the liaison to 15 municipalities and serves as Coordinator for volunteers, reviews health care plans with hospitals, nursing homes, etc., and has a wide range of duties. He stated one unusual duty Nancy has is being known as "Lightning Lucy"; she is a clown that goes into the schools and teaches children disaster preparedness, and works closely with the Fire Department in that regard. He stated in addition, Nancy is the Program Coordinator for the CERT Program, which is Community Emergency Response Teams, that are being established all over Brevard County where citizens are being trained to respond to emergencies within their neighborhoods. He stated Nancy has been instrumental in training over 300 CERT members in Melbourne, Rockledge, Satellite Beach, and several other cities and numerous areas in the unincorporated area; and she is Coordinator for Mast Care, which means shelters and sheltering within Brevard County. He congratulated Nancy, the Board applauded her longevity and excellent service, and Commissioner Colon presented plaques to Keith Alward, Danny Austin, Carolyn Bennett and Nancy Smith.

RECOGNITION, RE: 2002 CITIZENS ACADEMY GRADUATES

Maria Asante, Special Projects Coordinator for the County Manager's Office, advised the Spring 2002 Citizens Academy started on March 6, 2002 with morning and evening sessions; and it is a free eight-week educational program consisting of one three-hour meeting per week and one-half day Saturday tour. She stated County Departments and Offices were involved in the planning stages as well as being guest lecturers; those Departments include the County Manager's Office, Space Coast Government Television, Public Safety, Emergency Management, Animal Services, Water Resources, Solid Waste, Natural Resources, Agricultural and Extension Services, Mosquito Control, Transportation Planning, Transit Services, Public Works, Parks and Recreation, Library Services, Housing and Human Services, Juvenile Justice, Commission on Aging, Veteran Services, Planning and Zoning, Permitting and Enforcement, and the Budget Office. She stated evaluations were conducted after each session, and the academy and presenters alike received consistently positive feedback. Ms. Asante advised the next session will be in the Fall of 2002; they have 12 people already signed up for that session; citizens may register on the County Website or by calling 633-2010 and requesting an application; and applications are accepted on a first come/first serve basis. She stated Julie Jones will say a few words about her Citizen Academy experience.

Julie Jones advised she has lived in Titusville since 1965 and just celebrated her three-year anniversary as a County employee, but more importantly, she completed the eight-week Citizens Academy class. She gave a scenario of losing an important document, having staff, friends, and family look for it, only to find it later with a tinge of embarrassment, and compared it to bringing her experience to the Academy but not knowing the full scope and quality of services the County provides and the credentials and quality of employees providing those services. She stated there was a continuity of theme throughout the eight weeks, which was quality customer service, so somebody is on to something with this entire program. She stated the moral is no matter what credentials people bring to the table, the learning process is nonstop, and in order to be productive, people have to continually expose themselves to opportunities. She commended the Board, County Manager's Office, and County staff for supporting an innovative program, taking the time to develop and administer it, and spending countless hours preparing presentations and spending time with the citizens throughout the process. She stated there are 20 people who volunteered for the program and spent their personal time who need to be recognized as well, because they are the folks who care and in turn are going to benefit the County.

Ms. Asante and Commissioner Carlson presented diplomas to Babette Anderson, Carol Cooper, Frank Cooper, Patria Craig, Richard Curtis, Lucille Ferguson, Daniel Griffith, Diane Hardos, Carol Hayes, Timothy Higgins, Julie Jones, Ann McDonald, Richard McDonald, John Redmond, Connie Rottie, Paul Saya, Christine Snitzer, Kay Smith, George Smith, Jr., Molly Tasker, and Lisa Wellington.

RESOLUTION, RE: PROCLAIMING TOURISM WEEK AND AWARENESS DAY

Tom Wasdin, Chairman of the Tourist Development Council, thanked the Board for helping to promote the Space Coast for the ultimate Florida Vacation; and stated it is working very well.

He stated there is a large number of people working in tourism, 26,000; they have a lot of tourists; and because of them there is a better quality of life on the Space Coast. He stated the tourist tax is collected and a large portion goes to buy things for citizens that they would not have if there were no tourists, such as the Brevard Zoo, new sand on the beaches, and Space Coast Stadium; and thanked the Board for recognizing tourism week.

Commissioner Higgs read aloud a resolution proclaiming May 5 through 11, 2002 as Tourism Week, and May 9, 2002 as Tourism Awareness Day.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution proclaiming May 5 through 11, 2002 as Tourism Week, and May 9, 2002 as Tourism Awareness Day, and expressing appreciation to the residents for supporting the tourist tax, which provides revenue to promote Brevard County, protect the beaches, and acquire and enhance amenities. Motion carried and ordered unanimously.

Commissioner O'Brien inquired how long has Mr. Wasdin served on the Tourist Development Council; with Mr. Wasdin responding he was on the first Tourist Development Council before the tax passed; and it has been great working with the Board and County since 1986. Commissioner O'Brien inquired if Mr. Wasdin was inducted in the BCC Hall of Fame; with Mr. Wasdin responding yes because of their promotion of BCF Athletics and to keep them here.

Commissioner Colon inquired if the possibility of changing the Beeline to Beachline has gone away; with Executive Director Rob Varley responding no, Bill Brebeck with Ron Jons is a college buddy with the Chairman of the Expressway Authority, and they are working behind the scenes to get that done, which he thinks will happen. He stated they have decided to start calling it the 528 Beachline on their maps, on the internet, and in their publications as well as Sterling Casino and Ron Jons, and push the issue that way.

Commissioner Higgs stated she serves on the Tourist Development Council this year; and one thing she learned is if anyone is looking for a great vacation, they could stay home in Brevard County; and if they live in the south they could visit the north, and vice versa. She stated there are exciting things to see and do; people are coming in the millions from all over the world to visit the wonderful beaches and attractions; and suggested people who want a great vacation stay in Brevard County. Mr. Varley stated they could call his office and his staff will help them find those places.

RESOLUTION, RE: PROCLAIMING OLDER AMERICAN MONTH

Commissioner Carlson read aloud a resolution proclaiming May 2002 as Older American Month.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution proclaiming May 2002 as Older American Month and urging all citizens to promote and
participate in activities and services that contribute to the health, welfare, and independence of our older Americans. Motion carried and ordered unanimously.

Commissioner Carlson presented the resolution to a group of senior citizens from Autumn House.

APPROVAL, RE: TRANSPORTATION IMPACT FEE TECHNICAL ADVISORY COMMITTEE
PROJECT FUNDING RECOMMENDATIONS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve the project funding recommendations prepared by the Technical Advisory Committees for Impact Fee Benefit District 3 and North Mainland; and approve Budget Change Requests required to implement project appropriations in FY 2001/02. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF ROCKLEDGE, RE: TRANSPORTATION IMPACT FEE
DISBURSEMENT

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve the recommendations of the Technical Advisory Committee, and execute Agreement with City of Rockledge for Transportation Impact Fee Disbursement of $75,335.90 for traffic signal improvements at Gus Hipp Boulevard and Murrell Road. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF WEST MELBOURNE, RE: TRANSPORTATION IMPACT
FEE DISBURSEMENT

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute revised transportation impact fee disbursement Agreement with City of West Melbourne for transportation impact fee disbursement in the amount of $20,000 for a planning, design, and engineering study to address the realignment of Florida Avenue with Wingate Boulevard. Motion carried and ordered unanimously.

AGREEMENT WITH TOWN OF INDIALANTIC, RE: TRANSPORTATION IMPACT FEE
DISBURSEMENT

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve the Town of Indialantic's request to expand the scope of its construction project without an increase in project funding; and execute amended Disbursement Agreement with the Town for $49,000 to
acquire right-of-way for intersection improvements at Riverside Drive and Fifth Avenue along with construction of a sidewalk along the east side of Riverside Drive between Fifth Avenue and Seventh Avenue. Motion carried and ordered unanimously.

LEGISLATIVE INTENT AND PERMISSION TO ADVERTISE PUBLIC HEARING, RE:
ORDINANCE AMENDING ZONING CODE RELATING TO PARCELS OF LAND
DIVIDED BY PUBLIC RIGHTS-OF-WAY

Motion by Commissioner Higgs, seconded by Commissioner Colon, to accept legislative intent, and grant permission to advertise a public hearing to consider an ordinance amending Chapter 62, Article VI, Zoning Regulations, relating to parcels of land divided by public rights-of-way. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, AND APPOINT SELECTION
COMMITTEE, RE: PLANNING CONSULTANT SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant permission to advertise request for proposals for planning consultant services for an interlocal project with the City of Palm Bay; and appoint County staff to a joint City/County Consultant Selection Committee consisting of Peggy Busacca, Mel Scott, Alan Woolwich, Bob Kamm, Dan Greenfield, Donna Newman, and David Watkins. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCES 06-2002 AND 15-2002 FROM CITY OF
TITUSVILLE, RE: ANNEXATIONS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to acknowledge receipt of Ordinances No. 06-2002 and No. 15-2002 from City of Titusville for ten separate annexations. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: ANNEXATION BY CITY OF ROCKLEDGE

Motion by Commissioner Higgs, seconded by Commissioner Colon, to acknowledge receipt of an annexation by City of Rockledge involving approximately 9.9 acres near the southwest corner of the intersection of Fiske Boulevard and Martin Road. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE 2002-25 FROM CITY OF MELBOURNE,
RE: ANNEXATION

Motion by Commissioner Higgs, seconded by Commissioner Colon, to acknowledge receipt of Ordinance No. 2002-25 from City of Melbourne, annexing approximately .85 acre at the southwest corner of the intersection of Wickham Road and Trimble Road. Motion carried and ordered unanimously.

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVAL, RE: THE
PLANTATION, PHASE 3

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant final engineering and preliminary plat approval for The Plantation, Phase 3, subject to minor engineering changes if necessary and developer responsible for obtaining required permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: WYNDHAM LAKE ESTATES, PHASE 2

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant final plat approval for Wyndham Lake Estates, Phase 2, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining appropriate permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: MISSION BAY APARTMENTS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant final plat approval for Mission Bay Apartments, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining appropriate permits. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT FOR KINGS PARK ESTATES, PHASE 5

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution releasing Contract with John Farrell dated December 11, 2001 for improvements in Kings Park Estates, Phase 5. Motion carried and ordered unanimously.

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

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution releasing Contract with Floridron, Inc. dated March 6, 2001 for improvements in Indian Landing, Phase I. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT FOR REYNOLDS ROAD

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution releasing Contract with Melanie and Kip Allen dated August 28, 2001, for improvements to Reynolds Road. Motion carried and ordered unanimously.

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

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

REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN,
RE: 711 NEVADA STREET, MELBOURNE

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve request of Charles Strain for reduction of fine and release of Code Enforcement lien for 711 Nevada Street, Melbourne, from $14,875 to $588, as recommended by the Special Master after considering all the evidence. Motion carried and ordered unanimously.

REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE LIEN, RE: 6809 ELDER
ROAD, COCOA

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve request of Terri Lee for reduction of fine and release of Code Enforcement lien for property at 6809 Elder Road, Cocoa, from $6,087 to $1,500 plus enforcement cost of $150, as recommended by the Special Master after considering all the evidence. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH ERNEST C. SPIVEY, TRUSTEE, RE:
LAND FOR PROPOSED WATER RESOURCES LIFT STATION

Motion by Commissioner Higgs, seconded by Commissioner Colon, to waive appraisals and execute Contract for Sale and Purchase with Ernest C. Spivey, for Lot 2, Block E, Shady Villas, Unit 2, at $7,500 for a proposed Water Resources lift station site. Motion carried and ordered unanimously.

RESOLUTION, RE: CANCELING TAXES ON PROPERTIES ACQUIRED FOR ROAD
RIGHTS-OF-WAY

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution canceling taxes on properties for a portion of 2001 to be used for Solid Waste improvements and Wickham Road land improvements. Motion carried and ordered unanimously.

AGREEMENT WITH STEVEN GEIGER, RE: RELOCATION OF DRAINAGE FACILITIES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Agreement with Steven Geiger to relocate and construct drainage facilities on his property and to convey a portion of the property to Brevard County for construction of a detention pond. Motion carried and ordered unanimously.

TASK ORDER WITH BRPH ARCHITECTS/ENGINEERS, INC., RE: ENGINEERING
DESIGN SERVICES FOR IMPROVEMENTS AT AND ADJACENT TO FAIRGLEN
ELEMENTARY SCHOOL SITE

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Task Order No. 98-004-14 with BRPH Architects/Engineers, Inc. to provide engineering design services for improvements at and adjacent to the Fairglen Elementary School site for construction of a regional treatment pond at $68,442. Motion carried and ordered unanimously.

AMENDMENTS #001 AND #002 WITH FLORIDA DEPARTMENT OF CHILDREN AND
FAMILIES, RE: FUNDING FOR COMMISSION ON HOMELESS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Amendments #001 and #002 with Florida Department of Children and Families for an additional $10,437 for the Commission on Homeless, and removing language requiring the Housing and Human Services Department's submittal of an assistance plan; and authorize the Chairman to execute subsequent amendments, contingent upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

PERMISSION TO SUBMIT GRANT PROPOSAL TO SUBSTANCE ABUSE AND MENTAL
HEALTH SERVICES ADMINISTRATION, RE: TARGETED CAPACITY EXPANSION
FUNDING

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize submittal of a grant proposal to the Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Treatment, for targeted capacity expansion funding. Motion carried and ordered unanimously.

AMENDMENT NO. 4 TO AGREEMENT WITH IVEY, HARRIS & WALLS, INC., RE:
ADDITIONAL SERVICES FOR DEVELOPMENT OF POW/MIA PARK

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Amendment No. 4 to Agreement with Ivey, Harris & Walls, Inc., to provide additional architectural services for development of POW/MIA Park at $2,650. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF EDUCATION, RE: SUMMER FOOD
SERVICE PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Agreement with Florida Department of Education, for the Summer Food Service Program from May 23, 2002 through August 7, 2002. Motion carried and ordered unanimously.

RESOLUTION AND LEASE AGREEMENT WITH CAMP CHANCE, INC., RE: LEASE
OF LONG BLUFF PARK

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution and execute Lease Agreement with Camp Chance, Inc. for lease of Long Bluff Park at $1.00 a year for 30 years. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH THE OLETA B. HOLDER LIVING TRUST,
SURVEY, ENVIRONMENTAL AUDIT, TITLE INSURANCE, TITLE EXCEPTIONS, AND
AMENDMENTS AND CLOSING, RE: PROPERTY NEAR HOLDER PARK

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Contract for Sale and Purchase and Addendum One with The Oleta B. Holder Living Trust for acquisition of 1.3 acres near Holder Park at $20,000; authorize staff to obtain survey, environmental audit, title insurance, accept title exceptions, and proceed with closing; and authorize the Chairman to execute any amendments that may be required. Motion carried and ordered unanimously.

ASSIGNMENT OF OPTION AGREEMENT WITH THE NATURE CONSERVANCY, RE:
WGML INVESTMENTS, LTD. AND PRN REAL ESTATE AND INVESTMENTS, LTD.
PROPERTY IN BREVARD COASTAL SCRUB ECOSYSTEM FLORIDA FOREVER
PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Assignment of Option Agreement with The Nature Conservancy for acquisition of property owned by WGML Investments, Ltd. and PRN Real Estate & Investments, Ltd. in the Brevard Coastal Scrub
Ecosystem Florida Forever Project; authorize staff to exercise the Option for Sale and Purchase on or before 120 days from the date of Board approval of the Assignment of Option Agreement; and authorize staff to work with the Town of Malabar on the sale of a portion of the property to the Town for a stormwater pond, according to the recommendations of the EEL Selection and Management Committee and conditions outlined in Attachment B. Motion carried and ordered unanimously.

AGREEMENT WITH CIRCLES OF CARE, INC., RE: FORENSIC SERVICES PROGRAM
AT BREVARD COUNTY DETENTION CENTER

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Agreement with Circles of Care, Inc. to provide expanded forensic services at the Brevard County Detention Center from May 8, 2002 to September 30, 2002 at $48,537.44; and authorize the County Manager or his designee to execute one-year renewal option if funding is approved for fiscal year 2002-2003. Motion carried and ordered unanimously.

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

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Purchase of Service Agreement with Senior Resource Alliance for the SCAT Volunteers in Motion Program from July 1, 2002 through June 30, 2003 at $83,333. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO AGREEMENT WITH SENIOR RESOURCE ALLIANCE, RE:
SCAT VOLUNTEERS IN MOTION PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Amendment No. 1 to Agreement with Senior Resource Alliance for SCAT Volunteers in Motion Program in the amount of $5,556 for current fiscal year through June 30, 2002. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: NORTH BREVARD WATER RATES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant permission to advertise a public hearing to consider amending the water rates charged in the North Brevard Water System. Motion carried and ordered unanimously.

CONTRACT WITH FLORIDA DEPARTMENT OF HEALTH, RE: FUNDING FOR PUBLIC
HEALTH DENTAL PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Contract with Florida Department of Health for $47,308 under the Public Health Dental Program for the North Brevard Water System current fluoridation program; and execute certification regarding debarment and letter requesting payment. Motion carried and ordered unanimously.

TASK ORDER NO. 3 WITH BOYLE ENGINEERING CORPORATION, RE: DESIGN
SERVICES FOR BAREFOOT BAY WATER TREATMENT PLANT

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Task Order No. 3 with Boyle Engineering Corporation to conduct a bench scale test of various membranes, evaluate test results, and prepare preliminary design report and construction cost estimate for Barefoot Bay Water Treatment Plant at $74,001. Motion carried and ordered unanimously.

REJECT BIDS AND RE-BID, RE: BID #B-5-02-31, FLEXIBLE INTERMEDIATE
BULK CONTAINER

Motion by Commissioner Higgs, seconded by Commissioner Colon, to reject all bids for Bid #B-5-02-31, Flexible Intermediate Bulk Container unloading system for the Water Resources Septage Facility at the South-Central Wastewater Treatment Plant; and authorize re-solicitation of bids under revised specifications. Motion carried and ordered unanimously.

CONTRACT FOR SERVICES WITH ACS STATE & LOCAL SOLUTIONS, INC.,
RE: DEBT COLLECTION SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Contract with ACS State & Local Solutions, Inc. for debt collection services for County Departments and agencies, from May 1, 2002 through April 30, 2003. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: CONSTRUCTION
OF SOUTH MAINLAND SERVICE COMPLEX, PALM BAY

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant permission to bid construction of the South Mainland Service Complex in Palm Bay, award bid to the lowest qualified bidder, and authorize the Chairman to execute a Contract with the successful bidder. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE ON COUNTY
COMMISSION SALARIES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant permission to advertise a public hearing to consider an ordinance amending salaries of County Commissioners for the years 2003 and 2004. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, AND APPOINT SELECTION
COMMITTEE, RE: AUTOMATED RISK MANAGEMENT INFORMATION SYSTEM

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant permission to advertise request for proposals for an automated risk management information system, and appoint Stockton Whitten, Gino Butto, and Frank Abbate or their designees to the Selection Committee to make recommendations to the Board. Motion carried and ordered unanimously.

RESOLUTION, RE: DESIGNATING CORE ONE-STOP SERVICES OPERATORS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution designating The Kaiser Group, Concera Corporation, Crosswinds Youth Services, Inc., TTI America, and The Alliance for Neighborhood Restoration and Human Services Associates as providers of services for the Brevard Job Link which is a network of one-stop career centers that offers a variety of services to job seekers and employers. Motion carried and ordered; Commissioner Higgs abstained.

APPOINTMENTS, RE: BREVARD WORKFORCE DEVELOPMENT BOARD

Motion by Commissioner Higgs, seconded by Commissioner Colon, to appoint and/or reappoint Douglas Barclay, Marj Bartok, Pamela Gatto, Randy Harris, B. Doug Mead, Karla Micka, Al O'Connell, Debra Green, Fred Ix, Darlene Wohl, Walt Johnson, Lynda Weatherman, Frank Chavers, Rick Hemming, and Jim Shalls to the Brevard Workforce Development Board with terms from July 1, 2002 through June 30, 2005. Motion carried and ordered; Commissioner Higgs abstained.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to appoint Alfonso Vazquez-Cuervo to the Marine Advisory Council, with term expiring December 31, 2002. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

OPTION AGREEMENT FOR SALE AND PURCHASE WITH BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND, RE: TRANSFER TITLE OF PROPERTIES
WITHIN BREVARD COASTAL SCRUB ECOSYSTEM PROJECT

Dolores Kane of Merritt Island stated Commissioner Higgs said the County pays for the property, gives it to the State, then takes a lease on the property for 50 years; and inquired if that is true; with Parks and Recreation Director Charles Nelson responding this is the Mega-multi parcel which is 100% reimbursement from the State, so the State is paying the full purchase price and will lease it back to the County for 50 years. Ms. Kane inquired if the County has to take care of it if it leases it; with Mr. Nelson responding yes. Ms. Kane stated she just wanted to point that out to the Board that it has to take it out of the budget to take care of the property; and that should be taken into consideration.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Option Agreement for Sale and Purchase with the Board of Trustees of The Internal Improvement Trust Fund to transfer title of properties within Brevard Coastal Scrub Ecosystem Project. Motion carried and ordered unanimously.

AGREEMENT WITH U.S. DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE
AND BUDGET CHANGE REQUEST, RE: SURVEY OF ENDANGERED PLANT SPECIES

Dolores Kane of Merritt Island stated Carl Signorelli and Mike Moehle went to see the plant; they said it looks a lot like asparagus fern; the pictures were enlarged 300 times because it is just a little flower; and inquired what does the agreement entail and what is the Board asking for the $15,000.

Assistant County Manager Stephen Peffer advised the Fish and Wildlife Service is paying the County $15,000 to do the mapping of the property; it is a rare and endangered plant that only exists in North Brevard; and as part of the efforts to understand where it lives and where it is located, staff received a grant from Fish and Wildlife to hire an individual to do the work over the next year. He stated it is not taking money from the County but rather bringing money into the County. Ms. Kane inquired what would they do; with Mr. Peffer responding they will look through the expected habitat where that plant might exist and document its location to identify those places where it is found. Ms. Kane inquired if it is to determine if the County is going to buy more properties for it; with Mr. Peffer responding at this time it is not in the scope of what is being proposed. He stated the grant focuses on public lands, which are already in the public domain; it would not go onto private lands unless the County receives permission from the landowners; and if the private landowners wish to use the County's service, they could do that for them.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Agreement with U.S. Department of The Interior Fish and Wildlife Service, to conduct a status survey for the endangered plant species Dicerandra thinicola (Titusville Mint); and approve Budget Change Request to reflect the additional $15,000 grant revenue. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING ALLEY IN RIVERVIEW RESUBDIVISION
- BREVARD COUNTY EELS PROGRAM

Chairman Scarborough called for the public hearing to consider a resolution vacating an alley in Riverview Resubdivision as petitioned by Brevard County EELS Program.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution vacating an alley in Riverview Resubdivision as petitioned by Brevard County EELS Program. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION AND HOLD HARMLESS AGREEMENT WITH
GORDON & ASSOCIATES, INC., RE: VACATING PUBLIC DRAINAGE EASEMENT
IN SABAL PALMS ESTATES, UNIT TWO

Chairman Scarborough called for the public hearing to consider a resolution vacating public drainage easement in Sabal Palms Estates, Unit 2, as petitioned by Gordon & Associates, Inc., and to consider a Hold Harmless Agreement with the petitioner.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution vacating a public drainage easement in Sabal Palms Estates, Unit 2, as petitioned by Gordon & Associates, Inc., and to execute Hold Harmless Agreement with the petitioner regarding an existing pipe in the easement. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION AND HOLD HARMLESS AGREEMENT WITH
GORDON & ASSOCIATES, INC., RE: VACATING PUBLIC DRAINAGE EASEMENT
IN DEVON'S GLEN, UNIT THREE

Chairman Scarborough called for the public hearing to consider a resolution vacating public drainage easement in Devon's Glen, Unit 3, as petitioned by Gordon & Associates, Inc. and to consider a Hold Harmless Agreement with the petitioner.

Road and Bridge Director Billy Osborne advised the petitioner requested withdrawal of the petition. The Board accepted withdrawal of the petition.

PUBLIC HEARING, RE: RESOLUTION APPROVING SECOND QUARTER SUPPLEMENTAL
BUDGET FOR FY 2001-02

Chairman Scarborough called for the public hearing to consider a resolution approving the second quarter supplemental budget for FY 2001-02.

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution approving the second quarter supplemental budget for FY 2001-02. Motion carried and ordered unanimously.

The meeting recessed at 10:21 a.m., and reconvened at 10:35 a.m.

PUBLIC HEARING, RE: REQUEST BY SEA DUNES LLC FOR VARIANCE TO COASTAL
SETBACK LINE

Chairman Scarborough called for the public hearing to consider a request by Sea Dunes LLC for a variance to the coastal setback line.

Commissioner Higgs advised the applicant requested the item be continued to May 21, 2002.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to continue the public hearing on a request by Sea Dunes LLC for a variance to the coastal setback line until May 21, 2002. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST BY JAMES AND KATHLEEN BERRY FOR VARIANCE
TO COASTAL SETBACK LINE

Chairman Scarborough called for the public hearing to consider a request by James and Kathleen Berry for a variance to the coastal setback line.

Commissioner Higgs advised the applicants requested the item be continued until May 21, 2002.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to continue the public hearing on a request by James and Kathleen Berry for a variance to the coastal setback line until May 21, 2002. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT TAX
EXEMPTION TO KNIGHT, LLC

Chairman Scarborough called for the public hearing to consider an ordinance granting economic development tax exemption to Knight, LLC, which was continued from April 30, 2002.

Victor Knight, Special Consultant to Knight LLC, representing the company and its owner C. Reed Knight, Jr., advised Knight LLC is a developer, designer, and manufacturer of products for defense contractors; the Knight family of companies is currently based in Vero Beach, Florida; and they are looking forward to the possibility of becoming part of the Space Coast community as an exemplary corporate citizen. He stated everyone can remember what they were doing on September 11, 2001 when terror was unleashed upon this nation, striking at its very heart and soul; due to that unthinkable event, the U.S. government has given the Knight companies a mandate to dramatically expand capacity of production of the company's proprietary counter-terrorist line of products and accessories; and therein lies the necessity of the monumental effort on the part of Mr. Knight and his professional team. Mr. Knight advised the first phase of this enormous effort, the initial acquisition of the facility previously known as the Tomahawk Missile plant, is complete; that is a small part of the challenge; and if the company is successful in receiving certain incentives from the State and County, which would indicate to the company the Board's commitment and recognition of the importance of the company creating 450 valuable jobs over the next three years and the associated economic stimulus that will come from a competitive wage with benefits and retirement, then Knight LLC will commit to the extensive investment required to complete the much-needed renovations, repairs, and machinery purchases. He advised Knight is working with the Economic Development Commission, Brevard Community College, Brevard Job Link, and others on various training programs to raise the overall skill level of the required employees. He stated since they will initially utilize about 145,000 of the 620,000 square footage available, the possibilities for creating manifold job opportunities exist well beyond their in-house projections; and the growth in jobs will occur as a direct result of Knight bringing in allied synergistic companies to lease the remaining space. Mr. Knight advised although Knight LLC is still being aggressively pursued by several competing states in both the incentive department as well as very attractive possible properties, it would prefer to stay in its native state of Florida; and that is true because the Knight family goes back at least five generations here. He thanked the Board for the opportunity to share this exciting project with it; and stated he trusts the Board will make the best decision by granting Knight LLC the requested tax abatements before it today. He thanked the Board, Economic Development Commission, Lynda Weatherman, Michael Roman, Kim Agee, and staff for their tremendous assistance provided Knight during the last few months while they were conducting their investigative process. Mr. Knight introduced the owner of the company Mr. C. Reed Knight, Jr.

Chairman Scarborough advised he met Mr. Knight who told him it is one hour and ten minutes from his home to the plant in Vero Beach. Commissioner Colon stated the Board is honored to have him in the community.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt an Ordinance granting an economic development ad valorem exemption to Knight LLC, specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by Knight LLC; providing an effective date. Motion carried and ordered; Commissioner Higgs voted nay.

Commissioner Higgs advised she voted no on the abatement, but yes on the company, and is glad to have it here because it is a wonderful company.

State Representative from Indian River County Stan Mayfield advised he may be representing a portion of South Brevard County in the next few months; and has worked very closely with Knight Armament to get the State's endorsement of the project. He stated the Governor is completely committed to this expansion; and he has worked with Mr. Reed, his team, and Ms. Weatherman to get the State's QTI incentives along with a significant pledge for closing money to assist Mr. Knight in the acquisition of the property. Mr. Mayfield advised it is an extension and further solidification of the economic ties between Indian River and Brevard County; the facility is ideal and meets the company's needs; and they are proud to see Mr. Knight expand in Brevard County. He stated he wants to voice his support and send greetings from the Governor's Office who wished he could have been here along with other folks from his Economic Development Office. He stated he appreciates the Board's efforts and looks forward to a long relationship between Mr. Knight, his company, Brevard County, and his office.

Commissioner Higgs advised if the redistricting is approved, Mr. Mayfield will be the new Representative of South Brevard; and suggested he visit A1A, which will be the new part of his District. Mr. Mayfield stated if he can get out of Tallahassee, he plans to spend time in Brevard County and meet some of the people in South Brevard. He noted they are great people and there are strong ties, which he hopes to strengthen.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE REPEALING
SELECT TAX ABATEMENTS

Chairman Scarborough stated to say this is a simple matter would be underestimating it; so, he will start with staff for initial comments then the County Attorney to explain the legal parameters before taking comments from the public.

Economic and Financial Programs Director Greg Lugar advised this item was continued from April 16, 2002 meeting regarding the review of annual reports, which are required by both the Master Ordinance governing the tax abatement program and Florida Statutes. He stated all companies participating in the program are required to file an annual report by a prescribed date; and those annual reports are reviewed for performance of the companies. He stated this year there were 39 companies involved in the County's Tax Abatement Program; 11 companies are basically eligible as identified on List 3; and he will briefly explain Lists 1, 2 and 3. He advised List 1 has eight companies that did not submit annual reports by the prescribed date; however, three companies filed their reports subsequently; and that is explained in the footnote.

Chairman Scarborough inquired if the reports were filed after March 1, 2002; with Mr. Lugar responding yes, DRS Electronics, which has two tax abatements, one in Palm Bay and the other on Babcock Street in Melbourne, and Aircraft Tubular Components filed by April 16, 2002. Chairman Scarborough advised he talked to the County Attorney about whether the filing of the annual reports were statutory or Ordinance required; and requested Mr. Knox address it.

County Attorney Scott Knox advised Florida Statute 196.011(1)(a) requires any company entitled to this type of exemption to file an application by March 1st; if they are entitled on January 1st, they have to file by March 1st for the exemption; and it also provides if they do not file by March 1st they waive the exemption privilege for that particular year. Chairman Scarborough inquired if there is a way a company can appeal for the exemption; with Mr. Knox responding they would go to the Value Adjustment Board. Chairman Scarborough inquired if the Florida Statute is interpreted the same as those who failed to file for homestead exemption; with Mr. Knox responding that is the way it would be interpreted.

Commissioner Carlson advised Mr. Lugar mentioned granting extensions; and requested an explanation; with Mr. Lugar responding there were a number of companies that did not file by the deadline; and they were sent certified letters and provided two weeks extension because there were so many companies that did not submit those reports. Commissioner Carlson inquired if that falls within the Florida Statutes; with Mr. Knox responding the Florida Statute is very clear and says March 1st or waive the privilege.

Commissioner Higgs inquired how many companies are in that category; with Chairman Scarborough responding they are on List 1. Mr. Lugar stated there are probably eight or nine companies that did not file on time; staff has been working with those companies throughout the period in terms of acquiring data to support their performance for last year; some companies did not receive their fourth quarter verification information, such as State compensation forms; so staff worked with them to try and get that information in on time. Commissioner Higgs inquired if List 1 would need to be revised since Mr. Knox said March 1st is not a date that can be altered, and those who failed to file on time removed; with Chairman Scarborough responding the list of people who did not file by March 1st is on the list; and others need to be added rather than removed. He inquired if there are other companies that need to be added to List 1; with Mr. Lugar responding there are a few companies that he worked with and provided additional time after March 1st because they did not have all their necessary information to make any kind of judgment. County Manager Tom Jenkins inquired if those companies lacked information from other entities that prohibited them from submitting their reports on time or was it just their actions; with Mr. Lugar responding a combination of their action and verification information the program requires such as unemployment compensation forms from their taxing service that is filed with the State or IRS. Mr. Lugar advised that information is used by staff to verify the number of jobs those companies created.

Commissioner O'Brien advised in October or November, the tax bills are mailed by the Tax Collector; if they are paid in December, it is for the year 2002 and not in advance for 2003; they are paying taxes that have already occurred; so if the Board revokes some of the tax abatements, that means in November, the firms will receive a tax bill without deductions allowed for abatements in 2002. He stated he wants to make it clear that if the Board revokes the tax abatement, it does not mean the companies got away with something this year. Chairman Scarborough stated the Board can discuss that issue later, but now it is talking about defining the three lists and timely filing; he wants to know what timely filing means and what the Board's capacity is to deal with it and what it cannot deal with by the Florida Statute. Commissioner
O'Brien stated he wants the Board to be aware of what else plays in the financial picture; with Chairman Scarborough responding the Board will get to that later. Commissioner O'Brien stated if the tax abatement was worth $485,000 a year and the Board revoked it, if he was president of that company, he would have someone fired; with Chairman Scarborough responding that is their decision.

Mr. Knox advised the Florida Statute provides that if there was a postal error, the company can raise that as a defense of losing the abatement with the Value Adjustment Board; and there are also provisions for proving extenuating circumstances. Chairman Scarborough stated those are other recourses companies can take.

Commissioner Colon inquired when did the letters go out and was Economic Development Commission notified of the problems regarding submittal of the annual reports; with Mr. Lugar responding there were two letters sent out; one at the beginning of the calendar year to each company; and approximately 30 days or later, another letter was sent out to the companies. He stated staff works with the Economic Development Commission and advises of the status of the companies that have provided or not provided the information to the County; and he believes Economic Development Commission calls some of those companies to see what the status is. He stated staff has done its due diligence; and the third time they did a mailout was to those companies that had not filed and were sent certified letters. Commissioner Colon stated there is supposed to be a partnership that is very important to understand the level of communication that is happening between the Economic Development Commission and the County; those are the folks who could be able to follow up and find out what happened; if the mail went to someone else and they did not follow up, it would cause companies a great hardship; so she wants to make sure staff is following up as far as communication. Mr. Lugar stated this was not a forgotten task by some companies; some companies did not expand and knew they were not eligible to receive an abatement; so they called and advised that they were not involved in the program any longer, such as Harris Energy Controls, which decided not to expand.

Chairman Scarborough requested Mr. Lugar explain what a company has to do for tax abatement and who does it send the report to; with Mr. Lugar responding a company submits the annual report to his office; at that time he reviews the information to determine eligibility; then he meets with the Property Appraiser's office, which does an analysis of the property to insure the project is on the roll and determine values for that property, as well as the abatement. He stated Mr. Ford then signs off on the annual report, which comes to the Board if it is an eligible project. Mr. Lugar stated if it was a project that is no longer eligible based on the guidelines set forth in the Master Ordinance and Florida Statutes, it is suggested the Board consider those no longer eligible and authorize advertising a public hearing to consider rescinding the individual Ordinances. He stated for those companies that maintain their eligibility, the Board does not do anything; the Property Appraiser incorporates those exemptions into the process as part of the baseline assessed value which is sent to the Department of Revenue around July 1st, at which time the Department of Revenue reviews the roll and says to Brevard County it is okay, and instruct the development of the TRIM notices. He stated the TRIM notices go out approximately mid-August to companies where the taxes
they paid or did not pay are identified on the notices; and in November, when they get their tax bills, they will pay the amount of taxes for the School Board, and other taxing entities. Chairman Scarborough stated he was not concerned about that, just the initial filing, but Florida Statutes say "file an application with the Property Appraiser listing the described property for which an exemption is claimed and certifying its ownership and use." Department of Revenue shall prescribe forms"; and inquired if that is what the Board needs to cover with List 1; with Mr. Knox responding he thinks that is it.

Commissioner Higgs stated some companies submitted reports after March 1st; the eight companies on List 1 did not submit reports; and inquired if there were additional companies that should be added to List 1 that did not submit reports by March 1st, and if so, how many; with Mr. Lugar responding there are additional companies, but he would have to check each date of those reports that came in after March 1st; however, they did meet the date he extended for them to bring the other information in. Commissioner Higgs stated if Mr. Knox is correct, March 1st is prescribed by Florida Statutes and the County cannot vary it; and inquired how many companies are involved; with Mr. Lugar responding seven or eight other companies. Commissioner Higgs inquired if they need to be on List 1; with Mr. Lugar responding yes.

Commissioner Colon stated even though those companies took care of the reports after March 1st, they would not be eligible for an exemption; and inquired if they would go through the Value Adjustment Board as the next procedure. Chairman Scarborough stated opinions are like noses, everybody has one; he wants to lay all the information on the table because there are some very intelligent people who might want to address the issues and what the Board is basing its opinion on; so he wants to lay out the legal basis for discussion.

Commissioner Carlson inquired, if there was some latitude given to some companies past the March 1st date, what position does that put the County in; with Mr. Knox responding if he was representing a company that was told it could come in two weeks later, he would go to the Value Adjustment Board and say he would have had it in by March 1st, but somebody told him he could put it in by April, so that is what they did. Commissioner Carlson inquired if it just gives them better standing; with Mr. Knox responding it gives them extenuating circumstances.

Chairman Scarborough requested an explanation of List 2. Mr. Lugar advised List 2 represents those companies that filed a report, but their performance in terms of number of jobs they created was less than ten jobs for a new business locating in Brevard County or an existing business. Mr. Lugar stated those companies created less than ten jobs or no jobs; therefore, they are on the list. Chairman Scarborough inquired if there is something discretionary under the Ordinance or mandated by Florida Statutes; with Mr. Knox responding the Florida Statute requires creation of ten jobs; that is a condition for receiving an exemption; and the same is required under the Ordinance.

Commissioner O'Brien stated List 2 has companies that submitted annual reports indicating an increase in jobs, but less than ten; and inquired what is done about companies that have a job increase, received abatement based on 100 jobs, but only created 72 jobs; with Chairman
Scarborough responding that is List 3, which are companies that met some requirements but not all they promised; and that is probably where the Board has the most discretion.

Commissioner Colon advised there is a footnote that says a company made an error in the original application; and inquired how does that get away, are they saying they would not have been in that category had the information been correct, and what would happen in a case like that. Mr. Lugar advised Stratos Lightwave contacted him and advised they made an error in their original application they submitted when the Board considered providing them a tax abatement; they said they had an existing employment base of 60 jobs; therefore, their increases did not get over ten as required. He stated they claimed they originally had an entry level of 48 employees at the time they made application; he requested them to prove that; they submitted copies of their State unemployment compensation that had them at a lower employment level; and if the Board were to accept that correction, then they would be eligible to go on to List 3 because they would have created 19 jobs as opposed to less than 10.

Chairman Scarborough advised List 3 are companies that filed timely and have more than ten jobs, but did not have the number of jobs they showed they would produce; and inquired if any of those companies did not file timely; with Mr. Lugar responding he would have to go back and check on those. Chairman Scarborough inquired if legally those companies meet the Florida Statutes requirements; with Mr. Knox responding according to the information he has, they have met the Florida Statutes requirements and created the minimum ten jobs, but not the representations and projections they made when they first applied, so they qualify for the exemption in terms of what Florida Statutes and the Ordinances require. He stated there is a provision in the Ordinance that says the exemption can be revoked, at the discretion of the Board, in the event their representations have not been met.

Commissioner Higgs stated a portion of the Ordinance talks about the maintenance of jobs throughout a period of time; and requested an explanation of that provision; with Mr. Knox responding it means exactly what it says that they have to show the County some evidence that is what has happened. Commissioner Higgs requested Mr. Knox read the provision; with Mr. Knox responding it says, "The ability to receive an exemption for the period granted shall be conditioned upon the applicant's ability to maintain the new business or the expansion of an existing business as defined in 102-84 herein, throughout the entire period." Commissioner Higgs inquired if that means they have to maintain it throughout the period the abatement is given; with Mr. Knox responding that is what it says.

Chairman Scarborough advised three options were presented to the Board; and requested Mr. Lugar address those and the suggestion from the Economic Development Commission. Mr. Lugar advised Option 1 is to reanalyze the companies employment, capital, and salary levels; those are the three criteria the Board initially reviewed the applications of companies under; and reanalysis of their existing situations to those guidelines could possibly provide a different percentage of exemption, a different period of time that the exemption would apply, or even that they are not eligible for exemption, depending on their particular situation on a case-by-case basis. He stated Option 2 is to provide additional time for companies to meet the planned
employment numbers and conduct a review after six months to determine the employment level; and Option 3 is to take no action at this time and reconsider the status of those companies during next year's review process. Mr. Lugar advised the Economic Development Commission asked the Board to consider Option 2, but with a change in the period of time to two years for the companies to meet their planned employment numbers.

Chairman Scarborough inquired whether in the County's or Economic Development Commission's format was the thought that they would lose the abatement and come back in to be reevaluated in two years, or continue it even though they are not meeting the requirement; with Mr. Lugar responding because they meet the basic criteria under the Florida Statutes and Ordinance, they are still eligible; so his thought is they would maintain the tax exemption the Board originally provided.

Commissioner Higgs stated Item 1 talks about going back and reevaluating each company against the current guidelines regarding its qualifications; and inquired why the current guidelines and not the ones that were in place at the time of initial application; with Mr. Lugar responding to treat them as new applicants coming into the system so it would be fair to compare those companies that would come in off the street asking for an abatement. Commissioner Higgs stated the new guidelines are tougher than the old ones in some cases; with Mr. Lugar agreeing. Commissioner Higgs stated the Ordinance requires the companies to maintain throughout; and inquired if the Board can change the rules in the middle of the game; with Mr. Knox responding they have to maintain the exemption status throughout, which means they have to meet the thresholds; and the group on List 3 does that. Commissioner Higgs stated if it goes from the criteria under which they were originally considered to the new criteria adopted in 2000, there may be companies that are ineligible; and it does not seem possible to change the criteria. Mr. Knox stated they met the criteria and qualified for exemption; if the Board wants to evaluate them under new criteria, that would eliminate their qualifications; and he does not think that would be done. Commissioner Higgs stated the Board cannot say they are ineligible or eligible based on the new criteria; so she cannot see how it can change the criteria at mid-stream. She stated another issue not mentioned in the options is to apply the standard under which the companies were approved and those that no longer meet the criteria are asked to rebate to the County the taxes that were abated; with Chairman Scarborough responding that is the next issue. Commissioner Higgs stated the Board does not have that as an option and should consider it.

Commissioner Carlson stated what the Economic Development Commission proposes to the time line is parallel to what the Governor's office recommended, as well as Enterprise Florida; so it looks like they are trying to remain consistent with some of those companies; and inquired if there is any justification for going along with that, what is the impetus behind the Governor wanting two years, and is it based on economics; with Mr. Lugar responding he believes it was the down-turn of the economy. Commissioner Carlson inquired why two years, is that how long it is going to take to recover, and how do they know that in six months the economy is not going to recover; with Mr. Lugar responding he does not have the answer of how they came up with two years.

Commissioner Colon stated according to the information she received, this is a one-time extension due basically to the circumstances companies were facing because of the impact of September 11 and the subsequent economic down-turn; Brevard County is not the only area going through this experience right now and having things come before it; and it needs to be sensitive to the fact that September 11 has affected everyone throughout the world, and Brevard County was not exempt from that. She stated it is also coming from the State level; the Governor's office and Enterprise Florida are making modifications to incentive programs to help out companies; and had that not happened, she may not be as supportive of trying to work with the businesses and be able to say to them that was the Contract they were supposed to go by and what was stated in the beginning and they did not follow that. She stated because of the circumstances, the Board needs to try and work with the companies and come up with some kind of compromise because it would be beneficial not just to the companies, but to the community because it will affect employees and citizens of Brevard County. She stated the Board needs to look at the bigger picture.

Commissioner O'Brien stated the reason the Governor said two years may have been because his statement was made before the economic upturn; people were talking about a two-year recovery of the economy before September 11; Mr. Greenspan reduced the interest rates four or five times before the September 11 attack; and the firms the Board is talking about are not in the tourism industry. He stated the economic downturn took place, but right now the County is into a good strong recovery; the unemployment rate is way down; and he does not want to connect everything to September 11 and make that the focal point more than the real picture of the economy, which became very bad, but only for a short time.

Commissioner Higgs stated it is very difficult for businesses to predict what is going to happen; that can be seen in the statistics of the companies; and some companies have done better since September 11, and others had a decrease in business. She stated Brevard County has a company that is doing better because of its positioning in the marketplace of providing security equipment and defense materials; so the Board cannot make the Ordinance and its application contingent upon how somebody's business is affected by some sort of cycle. She stated it cannot go back and say instead of having nine employees, they have ten and qualify; but by the same token, it cannot go back and change the abatement and say they predicted 20 and have ten because of the cycle of the economy. Commissioner Higgs stated the Board has a set point at which something happened; that was when the Board initiated the abatement program; it has to live by that; and neither the Ordinance nor the Florida Statutes give the Board the flexibility it would like to have. She stated it would create significant potential for unfairness to somebody who may have seen an upturn in their business.

Chairman Scarborough advised the Economic Development Commission letter references recommendations by the Governor's office and Enterprise Florida modifying the primary incentive program with a two-year extension; and inquired if that in any way gives the Board any flexibility or impacts its decision-making. Mr. Knox stated he is not sure what kind of flexibility the Board is looking for; the Florida Statute is clear; there are remedies provided for in the Statute; and those remedies have to be followed whether the Governor feels there is
extenuating circumstances or not. Mr. Knox noted that could be used to help some companies make their presentation before the Value Adjustment Board. Commissioner Carlson stated that means each company if the letter of the law says they have to go to the Value Adjustment Board and plead their cases. Mr. Knox responded yes, for those who had their exemption revoked because of the application process.

Chairman Scarborough inquired if the Board has discretion with those companies on List 3; with Mr. Knox responding List 3 is discretionary whether the Board wants to revoke or not revoke their exemptions because they all meet the requirements. Chairman Scarborough requested staff review the issues on rebates; with Mr. Lugar responding he has a list of all the companies that were involved with the tax abatement program, and reviewed those companies' performances. Chairman Scarborough stated he does not want to get into specific, but would like information on under what parameters is it granted and the time frame. He stated Commissioner O'Brien touched on the fact that taxes paid in November are based on last year's taxes so it is paid in arrears; the tax abatement is similar to a homestead exemption; there are certain time frames in which they acquired the right to an exemption; Mr. Lugar indicated to him that the exemption is definitive as of a particular moment and time; and they need to look at the moment and time. He stated homestead is January 1st to be vested with the exemption; there is a similarity with tax exemption; and requested Mr. Lugar review that with the Board. Mr. Lugar stated he used the employment data for the third or fourth quarter of the previous year to calculate the performance of the companies; and the recommendation that came to the Board used 2001 employment information to determine abatement or no abatement for 2002 taxes. Chairman Scarborough stated the reason is they have to have the data in by March 1st; it is impossible to know what may occur subsequently in 2002 to actually; while taxes are paid in arrears, staff looks to an exemption that has to be qualified for based on prior year's data filed with the Property Appraiser by March 1, analogous to homestead exemptions; and inquired if the County Attorney has any thoughts on that; with Mr. Knox responding the actual date for entitlement to the exemption is January 1st, so they must have all that information from 2001 to justify where they are on January 1, 2002. Chairman Scarborough advised he will proceed with public comments unless there are further questions from Commissioners.

Lillian Banks of Merritt Island stated there should be some clarification made; she has been reading in the paper where the County is losing millions of dollars, and sees letters written about how it is affecting schools; she attended a Crisis in Schools event and heard a remark that if the County did not give abatements, there would be more money for schools; and there is never any mention that the companies do pay school taxes. She stated she does not know if it is government's reason to keep people in the dark; and inquired whoever gave the figures to the newspaper, did they give the actual figures. She stated when a company owes $492,000 in taxes, that is a total tax bill; they do not get an exemption from the $492,000; they pay school taxes, all environmental taxes, MSTU's and library taxes, and navigational taxes; but that is never said anywhere. She stated she has seen many letters in the newspaper saying the schools are suffering because of the abatement, and that is not true; and inquired why does the Board keep the people in the dark. She stated a lot of people do not understand things; and suggested the Board explain it to the citizens so they know how to vote and what to do. Ms.
Banks stated businesses are important to the County; without them there is no work; it has been proven that young people do not stay here, only older people; and they do not have children who work. She stated it is time for the Board to explain that the companies do not get 100% abatement. She stated the County needs businesses as well as schools; 42% of her tax dollars go to schools, yet Florida is 47th in the Nation for education; she read recently that there are 400 plus children who cannot read at the 4th grade level, but they are only going to retain 200 of them; and inquired what will happen to the rest. She stated if they drop out of school they cannot work except in menial jobs; and requested the Board tell the public the whole story and not half of it.

Commissioner O'Brien requested Mr. Lugar explain what is and is not abated in taxes, so the public understands the program. Mr. Lugar stated Ms. Banks is correct in that the percentage of abatement of County taxes is 20% to 30% of the total tax bill; and taxes for the School Board, other taxing entities, TiCo Airport, Florida Inland Navigation District, etc. are paid by the companies. Commissioner O'Brien inquired if the law enforcement MSTU is paid; with Ms. Banks responding yes and so is the library tax. Chairman Carlson inquired what is abated; with Mr. Lugar responding, the County general fund tax. Ms. Banks stated that needs to be publicized because she has read a lot of letters in the newspaper blasting everybody about this because of the school situation, and that is not fair. She inquired who in the County gave the figures to the papers about the millions of dollars the County is losing, and if that is true. She stated FIND gave $15 million to build a lagoon house; and expressed her displeasure with that.

Commissioner Carlson advised the School Board works on its own operating budget and the Board of County Commissioners does not have any jurisdiction over it.

George Moletz, representing Airborne Ground Surveillance of the Northrop Grumman Corporation located in Melbourne, stated in 1986 Grumman opened a business unit in Melbourne; at that time there were 400 people; he was one of the original relocation groups that came here in 1986; and as of today their business unit employs over 1,800 people, including everybody who services the Corporation. He stated the reason he is here is twofold; and one is to emphasize his support for the tax abatement program, which is important to companies because taxes are part of their overhead that is put together with all other costs and enables them to price their business. He stated when their costs are less, they are able to price business at a more competitive rate, which enhances their ability to bring new business into the community. He stated it is important not to lose sight of what the abatement program is meant to do, which is to give companies incentives to create jobs by bringing new business into the County. Mr. Moletz stated the second aspect of why he is here is to elaborate on what their business unit has done over the last five years since they applied and were accepted into the program; in 2001, they created, from a strict enforcement of the rules, 184 jobs in excess of what they started out with in 1996, which is over the ten jobs required; they signed up to create 299 jobs at that time; however, that increase does not include their Logicon entity, which is a separate business unit of Northrop Grumman; so technically they are not included in the calculation when they do the reporting. Mr. Moletz stated 40 jobs could be added to the 184, which would bring the total to 224 at the end of 2001 against their goal of 299 jobs. He stated in
1999, his unit and Logicon had over 400 jobs created for the County in excess of what they started out with in 1996; so from the job perspective, they have more than met the intent of the abatement program in terms of creating jobs. He stated they normally spend $10 to $12 million a year in capital investments; over the last five to six years, they have spent $6 million directly related to construction projects associated with bringing local businesses to do construction work in their facilities; and over the last six years, they have contributed over $500,000 to local charities. Mr. Moletz stated the point he is trying to make is twofold; one is the abatement program is an important incentive; they are part of Northrop Grumman, which is a $15 billion company, but their business unit stands on its own with respect to PNL, pricing their rate structure, and bidding for new business; so the incentives are important to them and every other company in the County. He stated the second thing he wants to emphasize is that their operating unit has met the intent of the program; they have not sustained the 299 job level, but did exceed it at one point; they met the intent of creating new jobs; and as they progress over the new few years, with the advent of September 11 and some focus on the defense industry, which is a volatile and competitive industry, there is the likelihood they will transition out of what they currently do to 767 reconnaissance and surveillance.

Chairman Scarborough advised Mr. Moletz time has expired; and inquired if the Board wishes to extend his time.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to extend time for Mr. Moletz to complete his presentation. Motion carried and ordered unanimously.

Mr. Moletz stated they have the likelihood to actually increase the number of jobs from where they stand today to 100, 200, or 300 people over the next two years; there is a strong possibility for that; and the tax incentive is important to be able to competitively price their new business.

Marion Sarrica, Human Resources Director for Paravant in Palm Bay, advised Paravant was a recipient of a County ad valorem tax abatement two years ago; they are appreciative for the help it has given them in growing their business during the difficult and challenging times; and since the time the abatement was awarded, they have exceeded their original minimum capital investment commitment by more than $5 million and increased their employment by more than 30%, with the average salary exceeding their original commitment of $40,000 a year. She noted the new employment is more than a $1 million increase in their payroll each year; so they feel they have used the annual tax abatement effectively in generating more than $1 million in new jobs. Ms. Sarrica advised although Paravant has not fully met the total number of employees it predicted, the tax abatement has been instrumental in helping to secure quality employees at higher than expected salaries; therefore, the tax abatement was a highly-successful incentive for Paravant for which the County received an extremely good return on its investment. She stated Paravant did not achieve the projected growth in employment due to three reasons; first, the biggest economic recession in many decades; second, the major downturn in the technology market; and third, the September 11 terrorist attacks. She advised Paravant is a defense technology company; until September 11, both defense and technology sectors performed very poorly; after September 11 the defense sector has boomed; however, Paravant produces primarily battlefield computers; and since the war against terrorism is not fought on a battlefield, Paravant has not received any increased funding and had to be conservative in its business planning in case some of the money from their current contracts was diverted for homeland defense or the war on terrorism. Ms. Sarrica advised they have not had a layoff in the last 15 years and do not intend to start now, so they have been very conservative about hiring; they strongly support Option 2; and request a two-year extension to meet their goals. She stated the economy is starting to recover; the defense industry is starting to finalize where it is going to spend its dollars for the next several years; and a two-year extension is a reasonable time-frame for Paravant to achieve its original goals and continue to invest the tax abatement funds to bring new high-paying jobs into Brevard County.

Kerry Hanson, Senior Vice President and Chief Technical Officer of Globe Wireless, advised Globe Wireless is a data communication service provider in the maritime industry; it has facilities all over the world; and its facility in Palm Bay is the largest single facility they have at this time. He noted he is the site manager of the Palm Bay facility; and requested the Board continue to support the ad valorem tax abatement program, specifically Option 2, and extend it for two years. He stated the program has been an important incentive to Globe Wireless and other businesses in Brevard County; their initial application was in January 2000; at that time they had 24 people and promised to add 20 more for a total of 44; and they promised the average salary would be $40,000 a year. He stated during 2001, they met the goal; at the end of the first quarter of 2001 they had 46 people; at the end of the second quarter they had 44 people; and due to the downturn in the economy, they were careful about hiring, and dropped below the minimum in the second half of the year. He stated the third quarter they had 41 employees; at the end of the year they had 39; now they believe the economy has bottomed out and started up; and at the end of the first quarter of 2002, they are back up to 41 people. Mr. Hanson advised all those people are full-time employees; in addition, they have two long-term contract employees who have been with Globe Wireless a year and a year and a half; so that is a total of 43. He stated in addition to the number of people, they promised an average salary of $40,000 per person; in 2001, the average salary per employee was $52,230, which is substantially higher; the total payroll they promised was $1,760,000; and they paid $2,000,102 for the year, which is about 20% higher than their commitment. He stated they have met the financial requirements of the program; as a side benefit, they have increased the amount of space they use; the facility had 17,000 square feet; and since then they have added 4,000 square feet for 23% more space. Mr. Hanson advised they provide other benefits to the community as well by using local manufacturers to make their products and contribute to their success. He stated Globe Wireless has met the spirit and letter of its commitment to Brevard County; it has been impacted by the slowing economy, but it has turned the corner this year and fully expects to continue to grow; the ad valorem tax abatement programs has given them a competitive advantage; and he hopes the Board will continue to support it.

Margaret Gonzales, Human Resources Manager of Excell Agent Services, advised they support Option 2, but with an extended deadline of two years rather than six months. She stated Excell has met and exceeded the expected 900 employees it said it would hire in the past; it has been
as high as 1,200 employees; however, due to recent economic conditions, their employment levels have declined. She stated they implemented employee incentives giving the opportunity to their agents who come in at $6.50 an hour and go to $7.80 an hour, to get to $13.00 an hour; that was not part of their original 900 people they said they would hire but beyond the rate they said they would pay; and it gave a lot of employees opportunities they might not get elsewhere because many are only high school graduates and welfare to work clients, which has taken them off the welfare rolls. She stated the abatement program is a good incentive to encourage growth in Brevard County; and it should be seriously considered.

Herb Corbett, Southeast General Manager for National Roofing South Florida, Inc., advised he supports Option 2 that extends the deadline for companies to meet their goals, but lengthened to two years; National applied and was approved for the program in 1999; it has 30 employees with average annual salaries of $33,015; and it created 16 new jobs. He stated their goal was 25 jobs; since 1999, National made total capital investments of $1,045,884 in the local community; and its average annual purchases of goods and services, excluding wages, is $1,209,529, which has been a positive economic impact on local material suppliers and subcontractors. Mr. Corbett advised the loss of their five-year government contract last year, due to lack of funding, decreased their sales by approximately $1 million; and the downturn of the economy and events of September 11 have had a drastic effect on their business, thereby reducing the number of positions available. He stated a lot of people are getting tired of hearing about September 11, but their type of business deals with providers of tourism housing, such as condos, hotels, and apartments; and they had several contracts to provide sheet metal materials and roofing products in Orlando canceled because the tourists canceled reservations, so it has affected their business. He stated presently they are bidding on a five-year government contract that has a base year and four one-year option periods; and whether they are successful or not, they feel they should have no problem meeting their goal of 25 employees if the two-year extension is granted. He stated the Board's help and understanding will be greatly appreciated; and thanked the Board for its time and consideration.

Dale Baswell with Hydro Aluminum, advised they support Option 2 with a two-year review instead of six months; he was the only one who spoke at the April meeting; everyone has reiterated about the economy and downturn; their company is tied to automotive; but the recession has affected them to a large extent. He stated in April 2002, he told the Board it depends on what time of year the count is taken; their third quarter report is from their 941's, which was originally the request; last year it was the fourth quarter; and he would prefer to use the first quarter when they had 258 employees. He stated at the end of the fourth quarter, they had 215 people; the recession affected the company; but if the maintenance of jobs is over the period of the exemption, which is ten years for Hydro Aluminum, the count could take the times they were over 300 people and see that they averaged, since the inception of their tax abatement, the required number of people. He stated he supports Option 2.

Scott Page, Site Controller for JDS Uniphase in Melbourne, advised it is difficult to add to the comments the Board has already heard, but one of the difficulties that has challenged the business significantly has been the severity of the downturn, as well as the speed at which it
occurred. Mr. Page stated they support Option 2 with the extended time line for meeting their commitment on jobs and capital investments they are making in the community; in 2001 they had a net increase of about 100 jobs with a capital commitment of about $17 million; and the ad valorem tax abatement program means a great deal to them. He stated the economy is showing some resilience; and they do not feel a two-year time line extension is unreasonable.

Clarence Rowe of Rockledge stated he heard about the two-year extension, listened to the County Attorney talk about the Florida Statute's requirements, and hopes the Board will take into consideration the Florida Statutes. He stated the Governor is doing two-year extensions, but at the same time, large amounts of monies were lost because of failure to honor the contracts. He stated people who enter into contracts must live up to the contracts; if they fail to do so, they default, which impacts a lot of people; and the monies that were lost were sufficient to do something for the libraries, Sheriff, etc. for the good of the overall community. He stated at this meeting the Board heard Knight Company and welcomed it to the community; it initiated a new business wanting a tax abatement; but that is the type of thing the County is looking for. He stated Harris Corporation had two abatements, voluntarily stated it would not be able to live up to its contract, and gracefully bowed out; and if a company signs an agreement, it should know what is in the agreement and live by it. Mr. Rowe stated if DOT is widening a road and there are businesses along the road, depending on how long it takes, a lot of those businesses may not last and may have to default; September 11 has impacted a lot of people; K-Mart and other major businesses are cutting back or filing bankruptcies; and everyone is being impacted, but whatever they do they should live by their agreements. He stated the Board should not grant the two-year extension and should follow the Florida Statutes; those people who failed to live up to the contracts should gracefully bow out and come back at a time that is appropriate for them; and in the meantime, the agreement needs to be reworded so there is more accountability and something that would send a signal so there are not that many companies defaulting. He stated the Board should consider going by the Florida Statutes as required and looking for other businesses from the Economic Development Commission. He stated the Economic Development Commission gets money from the County to track business; it needs to find more of the companies like Knight; and that will keep the economy rolling. He stated a lot of people who come into the community do not come for a tax abatement and pay all their taxes; and he hopes the Board takes that into consideration.

Commissioner O'Brien inquired if Mr. Rowe was here when Mr. Lugar described the tax abatement and said people still pay library, MSTU, sheriff, and school taxes, FIND and St. Johns River Water Management District taxes, and in fact pay all the taxes mentioned by Mr. Rowe that were not being paid; with Mr. Rowe responding he did not say that; according to the paper, $269,000 or whatever amount could do some things in the libraries such as buy books or equipment for the sheriff; and that was alleged by Florida TODAY. Commissioner O'Brien stated that allegation is totally wrong because for money to be used for more books, they would have to raise the library tax; but at the same time, the general fund tax may be the same. He stated they talk about impact upon other entities such as the School Board; and that is a fallacy
because there is no impact upon them in the form of lost revenue. Mr. Rowe stated he did not
say there was an impact, but talked about the funds that were being lost because of failure to honor the contracts or agreements. Commissioner O'Brien stated those are general funds.

Jeff Greenhill, Co-chair of the Economic Development Commission Ad Valorem Tax Abatement Committee, advised they support Option 2 for the companies on List 3 with modification for a two-year extension. He stated that has passed both houses of the Legislature, and is sitting on the Governor's desk waiting to be signed for the QTI Program.

Chairman Scarborough inquired if Mr. Greenhill had a copy of the bill; with Mr. Greenhill responding no, and will defer to Lynda Weatherman. Chairman Scarborough stated that would help to see what it is because he is at a loss of how the methodology would work fairly for everybody. He stated everybody did not get the same exemption, yet it is being tweaked; the Board wants to ensure it does not upset the balance of the original decision; and he is baffled with the methodology that is being proposed. Mr. Greenhill stated any company that creates ten jobs is still qualified under the Florida Statute; with Chairman Scarborough responding he understands that, but does not understand how they can come back after creating a methodology to bring someone in, and after the fact come back and renegotiate. Chairman Scarborough stated some companies that have it may not benefit from something that is advantageous to other companies; and inquired if the Board should go back and reevaluate the others that have met the requirement.

Mr. Greenhill stated there has to be a compromise that works for the County and the businesses because the businesses are the driving forces in creating jobs; the tax abatement companies have created $53 million in direct wages, which are with another $20 million in indirect wages over the life of the program; the actual abatements have been $1.1 million; so for every dollar abated, they have created $5 in direct wages. He stated 2,050 jobs is the minimum number created; people are buying houses and paying taxes because they have better jobs than they had before; and it gives them a stepping stone to move up. He stated the tax abatement program is very important to Brevard County; Knight LLC was discussed earlier; and inquired if it creates 449 jobs in its exemption period, would the County pull the rug, and would that scare other companies from moving in and creating quality jobs. Mr. Greenhill advised unemployment in Brevard County hit an all-time five-year high at 5.5% during the economic downturn; 2,000 jobs were created with the tax abatements when 1,000 people in Brevard County were laid off; jobs have to be created to keep people paying taxes; so the County is not actually losing any tax abatement money because it is money that is invested in the community for future jobs that can come about. He stated the Board heard about the 184 jobs created and their other unit created 40 jobs; in the next two years they expect to create another 100, 200, or 300 jobs; and inquired what will the Board do about companies like that. He stated they are supporting Option 2 with a two-year extension so that it will be in line with the QTI Program and what is proposed by the State Legislature; they talked to business leaders in the community; and they feel this is the fairest option that is available for the businesses and gives the companies the chance to get out of the economic downturn that started in March 2001. Mr. Greenhill advised Alan Greenspan started lowering rates in March 2001; September 11 exasperated the problems; the
economy went from a recession to almost a depression; but September 11 was not the entire issue because companies were having trouble before then. He stated the ad valorem tax abatement program is an important tool that helps grow and retain businesses; and Brevard County would not have been in the running for Knight LLC without the tax abatement being offered. He stated they created more than 2,000 jobs, $53 million in direct wages, and $20 million in indirect wages, which does not include the millions in capital that the companies invested on infrastructure and equipment or the thousands of workers who were employed in the renovation and construction of those facilities. He stated a number of business leaders and committee members are here in support of Option 2 with the two-year extension; and they need the Board's support for the program and Option 2 with the two-year extension.

Chairman Scarborough stated the Board supports the program and the people of Brevard County voted for it; his issue is fairness; and inquired if it is tweaked for some, how does it impact others; and is there fundamental fairness remaining. He stated if there is something the Governor is about to sign, he would like to see what it is and have the County Attorney review it; so if someone could provide it to the Board immediately, it would be wonderful. Mr. Knox noted his office could probably pull it up during the lunch period.

Commissioner Higgs inquired if it affects the Florida Statute on abatement; with Mr. Greenhill responding no, but what it affects is the abatements matching funds for the QTI. Commissioner Higgs stated she understands that, but it does not affect the Statue regarding the March 1st deadline or the County Ordinance. Mr. Greenhill stated it is in line with what the State is recommending.

Chairman Scarborough inquired if Mr. Romans had any comments; with Mike Romans responding no, but he could get a copy of the bill for the Board. He stated the two years is a reasonable basis to match what the State is doing because of the analysis it did; it does not relate directly with the abatement, but it is important to remain consistent in the support that is being shown to businesses across the State; and that is why they believe it is a reasonable time line. Commissioner Carlson stated she does not know what calculation was used to determine the two years, but it has to be on future investments; the companies on List 3 have met the statutory requirements; so it gives the Board some flexibility to give them a little money now in hopes they will add jobs over and above what they actually get as abatements. She stated that potentially could happen, but it needs to be clear that some of the companies may not make it in two years; some may come back robustly, and some may sink; so that is something that needs to be clarified. Mr. Romans stated their thoughts on the two years are that the companies that did create the ten jobs but did not make the minimum threshold as identified in the Statute are the ones that are extended the time; and at the end of two years they will be reevaluated.

Chairman Scarborough advised except for Hydro Aluminum, the only speakers were those representing companies on List 3; the Board had some legal advice regarding Lists 1 and 2; and if it is acceptable, it could dispose of those before proceeding to List 3 where most of his questions lie. He stated it appears that companies have the capacity to find relief through the normal process. Commissioner Carlson inquired if the Chairman wants a motion for each list;
with Chairman Scarborough responding it would be nice to dispose of it in a motion form so the people understand where the Board stands on it. Chairman Scarborough stated as to DRS, it can fully qualify if the timely filing is resolved through the normal course of action. Commissioner Higgs stated the Board has to authorize staff to advertise a public hearing repealing abatements for companies on Lists 1 and 2, if that is where the Board is going, because it cannot be done outside of a public hearing. Chairman Scarborough inquired if that is the action the Board needs to take; with Mr. Knox responding affirmatively.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize staff to advertise a public hearing to consider an ordinance repealing tax abatements for Aircraft Tubular Components, Inc.; DRS Optronics; Terion, Inc.; DRS Optronics; eCircuit, Inc.; WorldTravel Partners; GE Harmon Railway Electronics; GE Harris Energy Control Systems; Marshall Manufacturing Corporation; Hydro Aluminum Rockledge, Inc.; MSI of Central Florida, Inc.; Braid Sales & Marketing, Inc.; Mid-Florida Steel Corporation; Stratos Lightwave, Inc.; Optical Process Automation, Inc.; and Tantivy Communications.

Commissioner O'Brien advised Aircraft Tubular and DRS have submitted reports. Commissioner Higgs stated they did not make the deadline. Commissioner O'Brien stated they made the deadline given by staff. Commissioner Carlson stated the Board is bound by the Florida Statute. Commissioner O'Brien stated DRS said it met the goal of 368 jobs; with Commissioner Higgs responding it did not meet the March 1st deadline prescribed in the Florida Statute. Commissioner Higgs stated they have relief; there are other companies that did not meet the deadline and need to be included on the list; the motion is to advertise a public hearing to repeal those Ordinances; but they would still have the ability to go to the Value Adjustment Board. Mr. Knox stated the appeal has to be done by ordinance; and the ordinance would provide that they have the right to appeal to the Value Adjustment Board.

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

Chairman Scarborough stated List 3 is the companies that created ten or more jobs but less than their original application; they are analyzed individually and have their own set requirements; and inquired if the Board goes to an additional two years, should it do something uniformly that impacts every company the same or do it individually. He stated the companies on List 3 that failed to meet the requirements may be given an opportunity that those companies which met all the requirements and guidelines are not benefiting from.

Commissioner Carlson stated there needs to be a mechanism to keep companies accountable if they get the two-year expansion; and inquired if there is a way to look back at those two years and see if they averaged out what they were supposed to, based on the abatement application. Mr. Lugar stated staff would ask for performance verification information, such as their unemployment compensation reports that have the number of jobs on the payroll for the quarter; and staff would average those on a continuing basis if that is the wish of the Board.

Mr. Knox advised the companies that have qualified and are not on any list are not at risk of losing their exemption; as long as they are in that status, they continue for whatever period of time they were given for that exemption; but the companies that are on List 3 are at risk of losing their exemption. He stated if the Board grants them two years, all it would do is give them the opportunity to come up to speed in that two-year period; those companies that have met the requirements do not have to worry for whatever period of time they keep in compliance; but the Board could adopt a rules saying if those companies happen to fall below compliance levels at some time in the future, they would get the same two years. Commissioner Carlson stated this is a one-time thing; anybody else who falls would fall into a different category potentially; and inquired how would that be stipulated.

Commissioner O'Brien stated he wants to make sure the public is not misled into thinking there is a huge number in rebates; the paperwork shows how much taxes were abated; Marshall Manufacturing in Cape Canaveral has a total abatement of $1,126; Cramaro Tarpaulin System has a total abatement of $401 a year; and Northrop Grumman with $56,000 average salaries and 1,501 employees has a total abatement of $4,025. He stated the newspaper said it was $286,000; and he does not believe if every company's abatement was added together, it would even hit that number. He advised Aircraft Tubular has a total abatement of $5,033; Image Guided Neurologies has 20 employees and $2,731 in abatements; American Printworks has close to 30 employees, added 29 employees, and has a total abatement of $1,338; and Globe Wireless, which has 38 employees, added 14, with wages at approximately $40,000, has a total abatement of $3,281. He stated Delta Group Electronics added 26 employees, has 49 right now, and its abatement is $996 and change; and Mid-Florida Steel, which did not create any jobs, has an abatement of $1,104.34 a year. Commissioner O'Brien stated he brought those up to dispel the notion that firms are coming into the County and getting huge abatements; and that is not true. He stated Excell Agent Services has a total abatement of $42,000 and added 429 employees; and the Board has to look at the reality of it, the part they are supposed to do, and how it worked out for everyone. He stated he wants everyone to understand that those companies that may have gone elsewhere or may not have expanded in Brevard County have opened their doors here and increased the number of jobs; and that allows the County to diversify from Kennedy Space Center and Cape Canaveral Air Force Station. He stated the number of jobs that were created over the last four or five years are very important to the total economy of Brevard County; when the rest of the State showed unemployment rates of 7.5% or 8%, Brevard County was still showing 5%; seven years ago it was the opposite because the State had 5% and the County 9 or 10% unemployment; so the program has been very effective for everybody. Commissioner O'Brien stated they also add to the library tax; provide more revenues for MSTU's for law enforcement, roads, and recreation; and add revenues to Mosquito Control and the School Board because they came here and opened a business. He stated Brevard County is the winner; and the firms that applied for tax abatements received a token amount, but they still came and created jobs. He stated he does not know what the Board wants to do, but it should keep a focus on what is occurring, especially when looking at Tarpaulin Company providing 20 employees and receiving $410 abatement.

Commissioner Higgs stated eight of the twelve companies on List 3 receive less than $5,000 in annual abatements; those amounts are not real incentives to bring businesses here in the vast majority of cases; it is a nice thing to have, and businesses are not going to turn it down; but in terms of being a true incentive for bringing business here, it does not do that; however, that is not the argument today. She stated the question today is what to do about the companies on List 3; if the Board changes the rules, she wonders what that would do to the companies that did not submit an annual report because they knew they did not quality; and if the Board is looking at a different set of circumstances to apply to the abatements, it could be affecting those companies on List 1 that did not file because they knew they did not meet the criteria. She stated if the Board changes the criteria, it would change the reporting period and affect a number of businesses in the program; so it should not change the rules.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to approve Option 2 with an extension of two years to be uniformly applied so that companies that did qualify are also part of the extension.

Chairman Scarborough stated he has a problem with the rebate because of the way it is established; for homestead exemptions they qualify on the first day of the year; if they move out the next day, they still have homestead on the property; and inquired if the Board takes a methodology to extend the time for all the companies and some still do not qualify at the end, does it have the caveat of a rebate. He gave a scenario of a person qualifying for homestead exemption on January 1st and two years later not moving into the house; and inquired if the Board would let it ride or say no and have a second bite of the apple. Mr. Knox stated he is getting confused because the companies on List 3 have met the threshold requirements so they are exempt. Chairman Scarborough stated they did not qualify to the full measure of what they said they would do; and inquired if the Board says it does not matter that other companies met the requirements, and if after two years they still have not met the requirements, does the Board say all is forgiven. Commissioner Carlson stated there have to be other circumstances laid out, because if the Board is going to give them the time based on extenuating circumstances, it should be able to go back in two years and say, if they have not performed up to speed and met the requirements, that they would be required to pay the rebate. Mr. Knox stated what the Board would be giving them is a deferred sentence so to speak; it has the option today of revoking the exemptions because they have not met representations or projections; but what it can do is give them two more years to do that, and if they do not comply at the end of two years, it can pull the money back. He stated that is another option the Board would have. Chairman Scarborough inquired if Commissioner Colon would include the rebate in her motion.

Commissioner Colon amended the motion to include a rebate from those companies that do not meet the requirements after two years.

Chairman Scarborough stated the ordinance has to be advertised; he has some numbers he wants to crunch; the Board has the capacity; and if the rebate is built into it, he can support the motion; with Commissioner Colon responding absolutely.

Commissioner Higgs inquired if the Board is going to look at them again, is it going to do it on the other end of the spectrum as well for the company that hired 80 people instead of 60 and give them more points. She stated they should get more of a bonus based on the abatement program; so if the Board starts reevaluating companies based on not what they said when they started, but on what has transpired, then in fairness it should do it again and go back to List 1. Chairman Scarborough stated that is true because someone can come in and say he did better so what about him. Commissioner Higgs stated she cannot see how that can be done fairly; and the only way to do it fairly is to say this is the way it was, this was the deal they cut, and go with that, otherwise the Board will create many unfair conditions. Chairman Scarborough stated people renegotiate deals all the time; and he does not think it is impossible to renegotiate; but as a government it has to be fair to everybody.

Commissioner O'Brien stated the contract could read that if they meet or exceed the condition of the number of employees they said they would have, then staff could look backwards and reevaluate the amount of abatement and reconstitute the offer; and if they have less than represented but still more than ten, they could get 30%, if the Ordinance says 40%, and send them an invoice for the difference.

Chairman Scarborough stated it would be okay for those companies to pay for under-performance, but the question is what about the guy who has superior performance. He stated he does not want to just reward those who failed and would like to also reward those who are performing according to their contracts and maybe reevaluate those for super-performing. He stated if the Board is going to have a flexible program, it needs to be fair with a program that is built upon the same criteria and the same thought process.

Economic Development Commission Executive Director Lynda Weatherman stated this is a complex issue; the Economic Development Commission, through its Tax Abatement Committee, suggested giving a two-year reprieve and at the end of the two years, review it; and the Board may find they all meet their thresholds, went beyond their thresholds, or a few companies did not meet their thresholds. She stated a lot of the companies have only been in the program three years; at the end of three years, there is not that much to abate; maybe they are ineligible at that point; and expressed concern about rebating any kind of taxes. She gave scenarios of different potential situations with companies, what the Board could find and do, and of companies that have met all requirements. She inquired how many companies are in compliance; with Mr. Lugar responding 11. Ms. Weatherman again gave different scenarios, described situations with different companies, and suggested reevaluating in two years and comparing where they are and what they were given.

Chairman Scarborough inquired how many years do each of the companies on List 3 have; with Mr. Lugar responding he would have to go back and pull those numbers out of each Ordinance because they vary from six to ten years. Ms. Weatherman stated six is the minimum number of years. Chairman Scarborough inquired if the Board will be more concerned with the failing company as opposed to the superior company; with Ms. Weatherman responding if a company is expanding and created ten jobs, had another contract or another new market it applied for
and got into and built more equipment and brought in more jobs, it has every right, like Hydro Aluminum, to apply for the abatement again; so those companies that have super-performed could apply for tax abatement again. Chairman Scarborough inquired if they would have to have another capital investment; with Ms. Weatherman responding yes. Chairman Scarborough inquired if they did not have a capital investment and super-performed with employment, and there are people who are not meeting the employment element, is the Board being fair to those that super-performed and giving the wrong signal that it does not want companies to super perform; and is there some opportunity to come back in with a second bite of the apple for the super-performer. Ms. Weatherman stated the Tax Abatement Committee has not discussed that; but most that super-perform would have more tooling and more equipment. She stated the program should be there to help companies get through the hard times; she has not received a phone call from companies that super-perform that want more; they are grateful for what they have and are happy they are performing and creating more jobs; and for them it is a win/win situation. She stated they asked those companies to be as realistic as possible and be modest where they can; but this year has been unusual, so unusual that this is the first time the QTI Program had a two-year reprieve since 1992.

Commissioner Colon stated some of the people said they performed this year and hit the threshold, but then went down again; those are the ones nobody is talking about; and now the Board is saying it is going to throw the baby out with the bath water; and that is what she is trying to prevent. She stated many companies have said they met the threshold at a certain point in the year, but then went down; so it was not like they did not meet the threshold at all. She stated there is a motion on the floor. Chairman Scarborough inquired if the motion includes the rebate; with Commissioner Colon responding yes.

Chairman Scarborough stated the motion is to prepare an ordinance; he is still toying with the idea that while it addresses the scenario, it does not address the favorable scenario; but he will support the motion right now so it can move forward. He called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Higgs stated there are only eight companies on List 1, but Mr. Lugar said there were others that missed the date; and statutorily they need to move those to List 1. She stated it should be part of the advertisement. Chairman Scarborough instructed staff to make sure the companies are noticed. Mr. Lugar inquired if the Board is accepting the correction of Stratos Lightwaves application in order to be considered and have it moved to the next list.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to accept the correction in Stratos Lightwaves application and move it to the next list. Motion carried and ordered unanimously.

Commissioner Carlson inquired when the ordinance comes back, will the Board have the information from the Governor's Office on the two-year extension. Chairman Scarborough stated it is a very complex issue and the Board will look to staff for additional information.

AUTHORIZATION TO APPLY FOR AND ACCEPT GRANT, RE: COPS UNIVERSAL
HIRING PROGRAM

Bob Sarver with the Sheriff's Department advised he and Debbie Barker are here to present an opportunity to the Board to obtain grant funding from the Universal Hiring Program, which has been effective in offsetting costs to the Sheriff in the past. He stated the Sheriff has submitted a request consistent with the five-year plan for 20 additional deputies; the item is to request authorization from the Board to apply for a grant to offset the costs; and Ms. Barker can give the Board the financial aspects of that.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the Sheriff's Office to apply for and accept a grant from the U.S. Department of Justice under the COPS Universal Hiring Program to fund 20 full-time road patrol deputies at $75,000 per position over three years with the cash match from the County Law enforcement MSTU.

Commissioner O'Brien advised the grant is for $1.5 million over three years; the County will have to match that with $2.6 million over three years; the first year it will spend $1.2 million if the grant is approved; and the grant provides an alternative to the use of tax dollars, but eventually the County will have to fund 20 full-time road patrol deputies from the law enforcement MSTU. He stated in the fourth year, the County will have to fund the entire amount; with Ms. Barker responding that is correct. Commissioner O'Brien stated he does not see the figures of what that will cost; the Board talked about phasing in 23 new deputies; and it has already approved eight in the SRO Program at elementary schools; with Ms. Barker responding those are not road patrol deputies. Ms. Barker advised last year at budget time they talked about the five-year plan, which introduced 88 deputies over five years; when they discussed it for this fiscal year, they had 16 deputies, starting with nine in October and seven in April; and this request for 20 deputies is in line with the plan they are asking for in FY 2002-03. Commissioner O'Brien inquired if next year they will request 20 more; with Ms. Barker responding yes. Commissioner O'Brien inquired if the year following that they will ask for 20 more; with Ms. Barker responding 24. Commissioner O'Brien inquired if they will all be MSTU deputies; with Mr. Sarver responding yes. Commissioner O'Brien stated he has not seen the five-year plan or projected costs to the taxpayers; with Ms. Barker responding those were proposed last year in the best practices and capital improvements projects plan submitted by the Sheriff; and it was discussed in May and September last year. Commissioner O'Brien inquired what did the Board say in May and September; with Ms. Barker responding it would work with the Sheriff on a yearly basis. Ms. Barker stated they are bringing forward a federal funding opportunity they were happy to find a few weeks ago; and it is an ability to offset the cost to the taxpayers by $1.5 million over three years. Mr. Sarver stated the reason it is here is because the deadline for the grant is May 24; they can apply for it and get approval; but it does not bind the Board, as they can decline the grant as they have before. Commissioner O'Brien stated in September the Board approved $547,000 to fund the Intelligence Unit; and in August it also said okay to $700,000 for high-tech tools and manpower to wage war on terrorism. Mr. Sarver stated this is a separate issue concerning a grant for 20 road patrol deputies; with Commissioner O'Brien responding he is aware of that but is trying to make the other Commissioners aware that the Department is breaking its $1 million overtime budget by $260,000; he is concerned that the Board has already spent a great deal of money; and he would like to hear from the Sheriff how he proposes to cut
costs to help the Board out. He stated the Board approved $315,000 on October 30, 2001 to hire three EOD deputies; it has stepped out quite a bit to add deputies to the Sheriff's Bomb Squad; and it has stretched itself pretty thin. Commissioner O'Brien stated this morning the courts want more money for attorneys to represent juveniles; after the Sheriff, others will come in and want more money for the Juvenile Justice Center or other programs; and the Board cannot continue to afford 20 deputies. He stated if they applied for ten deputies, he could probably support that; the Board has already support eight plus three and that is the first 11 in the past year; and next year starts October 1, 2002.

Chairman Scarborough stated there is a motion on the floor to approve the grant for 20 deputies; and inquired if there are any further comments.

Commissioner Carlson stated she supports the Sheriff's strategic efforts of trying to get two deputies per 1,000 citizens; but in the Brevard Tomorrow effort, when it was analyzed across-the-board in all communities, it averaged 2.4 law enforcement officers per 1,000 citizens; and inquired if 60 plus deputies are added, what would that bring the percentage up to. She inquired if the Sheriff could reassess the Agreements with the municipalities to see if he is using deputies across those lines and if there is a way to utilize the existing officers more because the analysis in hand says there are 2.4 officers. She stated the Sheriff has always said he wanted two officers per 1,000 citizens in the unincorporated area; there are many officers in the 15 municipalities; and inquired how do they integrate those officers into providing the best possible safety measures for every citizen without spending additional dollars for 66 more deputies, and are they providing service over and above what is needed. She inquired if the Sheriff can look at all the Interlocal Agreements with other law enforcement agencies and give the Board a summary of what that means in terms of the quality of law enforcement in the community, because if they start adding additional law enforcement from the incorporated side, it would be a lot more than 2.4 per 1,000. Mr. Sarver stated they can look at that. Commissioner Carlson stated it would be nice to understand that based on the analysis that occurred with Brevard Tomorrow and what the Sheriff wants to do strategically. Mr. Sarver stated there are a lot of legislative restrictions that would inhibit some of the activities. Commissioner Carlson stated that is what she wants to find out because if two law enforcement officers to 1,000 citizens is going to make the safety of those citizens better and improve it dramatically, then the Board needs to go forward; but she wants to see some of the parallels and comparisons first.

Commissioner O'Brien inquired if the Sheriff's Department pays electricity to Florida Power & Light Company for the jail and substations; with Ms. Barker responding most of the utility costs are paid by the County; they pay a select few such as the farm and tower sites; but since they reside in County buildings, the County pays for the electricity. Commissioner O'Brien inquired if that includes the jail; with Ms. Barker responding yes. Commissioner O'Brien stated he was curious because Florida Power & Light Company said it is going to drop its rates by 7%; and depending on how big the Sheriff's electric bill is, he will have extra funds in his budget that perhaps could help the Board out with this request. Mr. Sarver stated Mr. Whitten could probably explain that. Assistant County Manager Stockton Whitten advised those savings have already been realized within the Facilities budget. Commissioner O'Brien stated the State's crime rate fell to a 29-year low. Mr. Sarver stated Brevard County's crime rate rose 5.75%.

Roland Carlson stated he comes in opposition to the Sheriff getting anything more and the reason is for years the Sheriff's Department has done nothing substantial to prevent alcohol and drug use. He stated they continue to allow it to happen in different locations using the word "investigation"; in that period of investigation, a lot of people get trapped in the addiction; and they are made victims of abuse of society. He stated there are a lot of other issues he did not have time to pick up, but that is the biggest issue; and the Sheriff needs to clean up his office and jail and has the money to do it, but it is not being done. He stated another issue is that the Sheriff is trying to get into the maritime business; he does not have jurisdiction on maritime waterways; but they have taken up that position. He stated the Sheriff is using September 11 to benefit his office; the Sheriff's office has been there a long time and the deputies should be qualified, but a lot of them are not; and a lot of deputies are walking around with a macho attitude. Mr. Carlson stated the Sheriff is housing intoxicated people in the jail when they first come in, which is illegal; it is in violation of State law and the Eighth Amendment of the Constitution; he brought those issues to them; and they have done nothing about it. He stated another issue is health, safety, and welfare; he was hit by stones from the helicopter outside of the building; and there has been nothing done about that. He stated he does not know if the helicopter lands at the Government Center any more or not; but the Sheriff needs to clean up his act before he gets any more money. He stated he does not think the Sheriff needs the money to put officers to work because a lot of times he sees officers just sitting around.

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

DISCUSSION, RE: HEALTH, SAFETY, AND WELFARE

Roland Carlson inquired who does health, safety, and welfare apply to; and stated the Board started an ordinance that is going to make homeless people criminals and require them to be put in jail if they are caught on public property after a certain hour at night and before a certain hour in the morning. He stated the Board knows his situation because he has brought it to its attention over the last few months, but it seems to be ignored; and Mr. Jenkins has a lot of power and was able to have his electricity turned back on because he is supposedly going to get help from the State or County, which he did not ask for. He stated Commissioner O'Brien thinks he asked for it, but he was not asking for help from anybody; and all he wants is to be left alone on his piece of property. He stated he spent the last of his money and for the last two months has not been able to pay his mortgage because he had to pay for rental land to store what he uses for therapy, so now he will lose his property. He stated he also went t the last meeting and they made him homeless because he cannot live on the property in what they call a school bus, but he calls his home. He stated it is not just his home; he has an office in the vehicle; and in that office are a lot of constitutional issues. He stated every Commissioner swore under oath to uphold and protect the Constitution of the United States and the State of Florida Constitution; the State Constitution has "cruel and unusual punishment"; last month he spent close to $700 for gasoline running back and forth to Port Canaveral from West Canaveral Groves and for running his power plant because his electric power was shut off, leaving him in danger of not being able to put a fire out because his power plant would not push his pumps; but nobody was concerned about that. Mr. Carlson stated he came to the Board and said he had a fixed income from Social Security and put his last money into the home and property, which now he is having taken away from him; and requested an interpretation of health, safety, and welfare, if it applies to him or only to a certain class of people, and does that class of people have jurisdiction on complaints to the Board. He requested the Board answer those questions.

County Manager Tom Jenkins advised the County applies the laws equally to all citizens; and it enforces the Codes of Brevard County equally with all citizens, particularly as it relates to Code Enforcement, when it receives a complaint.

Mr. Carlson stated the Code that was brought against him was in a rural district; the people were complaining about rodents and snakes that may be on his property; they could probably house themselves under his vehicles; and they complained about an unsafe building that they did not complain about last year during the hurricane season when it was not bolted down. He stated the building inspector did not want to be reasonable with him; the Board passed it back to the building inspector; they went to the kangaroo court, which went along with the Ordinance; and the Ordinance does say that, but sometimes an Ordinance that is applied for city locations does not apply in a rural district in the woods. He stated if they want to clean up that kind of a district, then they would have to clean the woods up because the first thing that is going to blow around in the woods is the dead brush, not a 20,000-pound home or 6,000-pound vehicle; and the brush and palm trees are going to fly around like bullets going through the air. He stated those people chose to be out in that area where there are hurricanes and tornadoes, but they complained about the person next door who is not bothering them; and the County came down on that person, made him homeless, and took away what he worked for. He stated he does not know what the Board wants to do about it, but he sees cruel and unusual punishment there, and it should have been attended to. He stated there should have been courtesy to him because he is the only victim; everybody else is substantially fine; and this has cost him a lot of money. He stated he wrote down the time spent and money he has put in, and it comes to close to $6,000 between what he is losing and the time, not counting the aggravation. He inquired does health, safety, and welfare apply to him.

Chairman Scarborough requested the County Attorney respond to Mr. Carlson's questions; with County Attorney Scott Knox responding cruel and unusual pertains to punishments imposed by the criminal justice system; and the Board is not dealing with the criminal justice system in the Code Enforcement context. Mr. Carlson stated that is not what the amendment says; it says cruel and unusual punishment; it does not say anything about criminal justice; cruel and unusual punishment can be applied when unreasonable standings are brought before another person; and Mr. Knox has been sitting up there and saying nothing, but he knows what he is talking about because he studies the same law Mr. Knox does. Mr. Knox stated everybody is entitled to disagree. Mr. Carlson stated everybody is entitled to interpretation too; his interpretation of health, safety, and welfare is not to put him out on the road, especially when the County is trying so hard to put the homeless in jail; and that is why he talked about the Sheriff's Department. He stated a homeless person is not violating any law. Chairman Scarborough advised the ordinance regarding the homeless has been put on hold because the Board did not want to criminalize homelessness; and the Board did ask staff to work with Mr. Carlson. Mr. Carlson stated no staff has worked with him on his problems; staff has worked with the Ordinance on his problem; and as long as they are working with the Ordinance, the Ordinance is going to stand rather than the reasonableness of the person's status. He stated that is what his problem is; his status has been deprived; his status is to stay healthy and have a roof over his head and own his own property; and now he is having all that taken away and is going to be homeless again.

Commissioner Carlson inquired if there is any other recourse Mr. Carlson can take legally; with Mr. Knox responding it depends on his facts, but he has a right to appeal whatever decisions are made against him by the Code Enforcement Board. Mr. Carlson stated he was refused the appeal in the court because he does not have the money to get the transcript; and inquired what does that tell the Board about due process of the law and if it is being violated. He stated he is going into one obstacle after another; it does not make any difference to him; and the Board is creating a big body of injustice. He stated he might not be able to handle it in the State courts because he cannot understand them, but he can understand the federal status and can see cruel and unusual punishment right here before the Board.

Chairman Scarborough inquired if staff had any advice or further comments; with Mr. Knox and Assistant County Manager Peggy Busacca responding no.

Mr. Carlson stated the way to solve this is to get his power turned back on and pay him all the money he put in so he can put that money into the house where it was supposed to have gone. He stated the Board has all the money to put out to the Sheriff Department that is not doing anything collectively; it has money to put into Viera where a building's roof is ready to fall in; he already complained about that and nobody has done anything about it; and the building inspector lied about him not telling him. He stated there are a lot of things that somebody better start cleaning up; he is running for office and hopefully will get it; and he will be stubborn enough to carry on. Chairman Scarborough thanked Mr. Carlson for his comments. Mr. Carlson stated the Board did not answer his questions; and there will be federal charges.

The meeting recessed at 12:58 p.m., and reconvened at 2:01 p.m.

RESOLUTION AND APPOINTMENTS, RE: CREATING LAND DEVELOPMENT
REGULATIONS AND PROCEDURES EVALUATION COMMITTEE

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution creating the Land Development Regulations and Procedures Evaluation Committee. Motion carried and ordered unanimously.

LEGISLATIVE INTENT AND PERMISSION TO ADVERTISE PUBLIC HEARING, RE:
ORDINANCE ESTABLISHING REQUIREMENTS FOR CHANGE OF USE OF
COMMERCIAL PROPERTIES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve the legislative intent and grant permission to advertise a public hearing to consider an ordinance establishing requirements for change of use of commercial properties. Motion carried and ordered unanimously.

OPTIONS, RE: REVIEW OF PROPOSED CHARTER AMENDMENTS

Dolores Kane of Merritt Island advised of a typographical error in Option 1, Section 7.3.2.5 which says with the qualifications set forth in Section 7.3.2.2, but should be 7.3.2.3. County Attorney Scott Knox advised that is correct. Ms. Kane stated she heard Judge Lober talk about constitutionality and the only way to find out is to take it to court, but even then it is only an opinion. She inquired if someone makes a review and says it is not constitutional, will it be taken back to the petitioner to change it in order to get it on the ballot; with Chairman Scarborough responding that is the concept, to get something heard before going through all the hoops, and to correct it to get it on the ballot in a timely manner. Ms. Kane inquired if they would not be put on the ballot unless they are corrected; with Mr. Knox responding he assumes it would go through the panel, which would give reasons why it thinks it is not constitutional, and the petitioner can correct it accordingly. Ms. Kane inquired if it can be kept off the ballot constitutionally if it is not corrected; with Mr. Knox responding under the panel's review it will be kept off the ballot until it is corrected and goes through the process again. Ms. Kane stated she wants to make sure it does not violate the Constitution; and inquired how would the panel be chosen, would it be a predetermined list or would the Commissioners get together and choose names. Chairman Scarborough stated it would be better to further define how the panel is chosen so the Board will have fair and impartial people who are qualified to discuss things that are constitutional in nature. Ms. Kane stated whoever chooses the panel could cloud it.

Chairman Scarborough stated he would like to have people who have some idea of constitutional law and are impartial in rendering an opinion. Ms. Kane stated she wanted to determine that they would be impartial and would have time, but it is still an opinion; however, three people should have a good opinion. Chairman Scarborough stated if three people were attorneys well qualified in the constitutionality of the law, there would be some assurances; it is still an opinion, but it is an informed unbiased opinion; and if the Board is going through that exercise, it needs to be sure the exercise is done right.

Barbara Jagrowski of Melbourne, representing the League of Women Voters, stated she agrees with Ms. Kane that Option 1 about the panel review should have qualified persons to determine the petition-sponsored amendments. She stated No. 2 is non-binding, which seems like a waste of time; the language at the bottom of the page is for the Charter Review Commission or County Commission petitions but does not mention something done by petition; and inquired if there is a difference and why. Mr. Knox stated the petition is already covered in the Charter, and they are just adding the other two options. Ms. Jagrowski inquired if the legislative approach is where the Legislature takes it to court to do the constitutionality of the amendments; with Mr. Knox responding it is to get a uniform procedure dealing with charter amendments throughout the State as a law. Ms. Jagrowski stated that sounds good. She stated with three attorneys there could be three opinions, but she likes Options 1 and 4.

Maureen Rupe of Port St. John stated the legislative approach would probably be better in the long run, but she does not know how long it would take to go through the process; and the Board needs to put this provision in as soon as it can and have it implemented. She stated she likes the panel review; and inquired if it will be two out of three; with Mr. Knox responding that is right. Ms. Rupe inquired who would choose the attorneys to make sure no Commissioner uses it for political agendas as happened in the past; with Commissioner Higgs responding under the draft it says the County Commission will select them. Mr. Knox stated that is in the current Charter. Commissioner Higgs stated it says, "The persons serving on the panel shall have demonstrated experience in Florida local government law and shall either be licensed to practice law in the State of Florida or have retired from a Florida law practice or the Florida judiciary within the past five years." Ms. Rupe stated she was getting paranoid and was thinking about the Charter Review Commission members that were chosen for specific purposes, but she likes Option 1.

Lillian Banks of Merritt Island stated there seems to be a reluctance of the Board to go through with what certain people want in the community, but it is fine for other people; certain people are like those who had to take it all the way to the Supreme Court; and when the Board put it on the ballot, it had to put one of its own. She inquired if somebody comes in with a petition, is the Board going to select a group to look at it and decide whether it is constitutional; with Mr. Knox responding that is in the Charter now. She stated whoever is sitting on the Board of County Commissioners will appoint those people who are going to do the bidding of the Commissioners, which is not constitutional; and inquired what is so terrible about citizens wanting to change something. She inquired what is so terrible about putting it on the ballot to see what all the citizens want to do; and stated the Board is supposed to work for the people and do their bidding and not make up its own mind. She stated the last time it was very directed by the Board's opinions and what it wanted and did not want; it was not directed by what the people wanted; and if this is another case of trying to further that, she is not for it because it is wrong. Ms. Banks stated Mr. Knox always said he is not a County Attorney but the Commissioners' attorney, so getting his opinion does not do anything for the people because he works for the Board. She stated this is wrong; and the Board should let the citizens voice what they want, put it on the ballot, and challenge it later if it wants to. She stated the Board is not hesitant about taking people to court; it has been to court many times; so it should let people do what they want and listen to the people, not just a small segment that says what the Board wants them to say. She stated the Board needs to listen to all of them because they are very diverse.

Chairman Scarborough recommended, in addition to experienced in Florida local government law, adding the concept of being experienced in constitutional law. He stated the comments he heard were about who is going to be on the panel. Mr. Knox advised the provision in the Charter deals with the qualifications, so if the Board wants to change that, it has to address it in a new provision and amplify it by adding Constitutional law. Chairman Scarborough stated nobody is unbiased or impartial, but he does not want someone who has some bias; and somebody should be able to challenge the appointment of someone who has shown bias by coming before the Charter Review Commission.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve Option 1, Panel Review, for review of Charter amendments, with expansion of qualifications to include experience in Constitutional laws and be unbiased; and authorize staff to pursue Option 4, Legislative Approach. Motion carried and ordered; Commissioner Colon voted nay.

PRESENTATION, RE: CONSTRUCTION OF BREVARD COUNTY SHORE PROTECTION
PROJECT, PHASE II

Environmental Management Supervisor Virginia Barker advised the contractor Great Lakes Dredge and Dock has just completed another successful season of beach restoration; and the Army Corps of Engineers required 2.2 miles, but they completed three miles, so they are well ahead of schedule. She presented and explained pictures of pre and post-construction in the South Reach showing what the areas looked like before the project and what they look like now with about 200 feet of beach. She stated they added a small dune feature that will increase storm protection to upland structures and hopefully provide a signal to nesting sea turtles looking for a change in slope on the beach so they would not climb the dune and get confused by the lights. She stated they hope private property owners will plant native plants on the dune feature; and the elevation is such that plants should do well there. Commissioner Carlson inquired what is the difference in slope; with Ms. Barker responding the outer edge of the slope of the dune is 1 on 8.8 and the height is one and one-half to two and one-half feet above grade, depending on where they are in the project. Commissioner Carlson inquired if there are programs that will help folks along that new sand ridge; with Ms. Barker responding they were successful in getting a grant to buy sea oats to plant along public stretches of the project in the North Reach; they will apply for those same funds again this year and hope to get sea oats for the South Reach; and they are working with different vendors to see if they would be interested in doing a blowout sea oats sale and encourage homeowners to buy plants at a discounted price and plant them in front of their properties. Ms. Barker advised there is still a mile to go in the South Reach; it is quite an eroded shoreline with very little recreational space at high tide; and continued describing pictures of structures in the area. She stated the North Reach was completed in April 2001; and described pre-construction and post-construction pictures of the project. She stated the project is almost as wide now as it was a year ago; and the material used is good at sticking to the beach and is performing beyond engineering expectations. She stated last year 493 sea turtles nested in the North Reach construction area, which is an amazingly high number; unfortunately, when they started hatching on the beach, they ran into lots of lights that had not been visible previously; and they want to avoid that situation this year. She stated Code Enforcement started sending people out in April two nights a week to do active lighting enforcement; they sent letters to all beachfront municipalities asking them to step up their lighting enforcement options; and they printed a newsletter and hand delivered it to all residents in the South Reach and will mail it to everyone in the North Reach. Ms. Barker advised prior to the beach restoration, they had a very eroded steep dune with a low profile beach; the dune shaded the lights from reaching the beach so turtles were able to nest on the eroded beach even with the lights on and did not get into trouble; but now they have built a new wide high beach and those same lights are visible to the turtles and creating a problem; so the people were asked to walk out of their homes to the edge of the beach and look back to see if they have lights on and can see them. She stated they may have to paint the ocean side of the light with black paint or buy metal shields that would prevent the light from shining on the beach and confusing the turtles; and hopefully less hatchling disorientation problems will occur this year. She stated there is also a letter in the Agenda package thanking Great Lakes for the job it did; it is a wonderful contractor to work with again; and they look forward to its return next year to complete the remaining mile of the South Reach.

Commissioner Carlson inquired if there is any additional status on the area south of Patrick Air Force Base; with Ms. Barker responding that area is 7.1 miles of beach; staff is in the process of asking the Corps to move forward with a general reevaluation report; they had one level of Congressional authorization to move forward with that stretch last year; and they have new draft legislation to try and get Congress to adopt it this year. She stated they have completed the rock mapping that needed to be done; and they are in the process of handing over that analysis to the Corps of Engineers who will look at several alternatives for storm protection along that area and develop plans for each of those options. She stated the plans will be sent to all federal and State review agencies to get comments; and they hope there are some portions of the shoreline along there where they will be able to have a finding of no significant impact such that they could move forward, otherwise they will spend years and time and money working on environmental impact statements that will not put sand on the beach but will show what resources would be destroyed were they to put sand on the beach.

Assistant County Manager Stephen Peffer advised the beach renourishment project is somewhat controversial; some people feel the shorelines are eroding and the sand is going to be lost; they have studies that show in Brevard County historically, prior to the construction of Port Canaveral, the beaches were stable or accretion occurred in that they were actually growing; so what they are doing is truly restoration of what would have been there had it not been for the federal project, and they expect to see the sand around for some time. He stated Ms. Barker said the new project does provide opportunities for property owners along the beach to do something for themselves, and that is to plant dune stabilizing vegetation; property owners who wish to know more about what type of vegetation to plant can call Natural Resources at 633-2016 or his office at 633-1702.

LEGISLATIVE INTENT, RE: PROPOSED AMENDMENTS TO GROUP HOME ZONING
REGULATIONS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve the legislative intent and authorize staff to prepare a draft ordinance amending Chapter 62, Land Development Regulations, regarding group homes, for further consideration by the Board. Motion carried and ordered unanimously.

STATUS REPORT, CONTRACT FOR SALE AND PURCHASE AND ADDENDUM
WITH HOLY TRINITY EPISCOPAL ACADEMY, INC., ACQUISITION OFFERS,
AND ENGINEERING AND DESIGN PHASE, RE: PROPOSED PINEDA
CAUSEWAY EXTENSION

Dolores Kane of Merritt Island stated she understands the Board has to get permission from the federal government to move the access to the interchange for the Pineda Causeway extension; all the work would be moot if it cannot attach to I-95; and inquired what is the status of that.

Assistant County Manager Peggy Busacca stated there is a report going forward to Florida Department of Transportation (DOT) to ask it to review the change of the proposed interchange that was approved in one location and a request that it be moved to the north, so that is currently under review by DOT. Ms. Kane inquired how long will it take; with Ms. Busacca responding she does not know.

Commissioner Carlson requested staff go over the status of each parcel so the Board knows what it has to do.

Transportation Engineering Director John Denninghoff advised there are five parcels in the realignment portion of the Pineda Causeway extension; the County has closed on the Karol and Page parcels; the remaining three are Holy Trinity, Tropical Splash Carwash, and Action Cappa Corporation; and Tropical Splash and Action Cappa have indicated they prefer to go to condemnation. He stated they are about to have successful negotiations with Holy Trinity, but there are some minor complications to work out; and recommended the Board authorize the Chairman to execute the Contract with Holy Trinity, subject to final approval by the County Attorney of the minor details that need to be worked out. Mr. Denninghoff recommended the County Attorney be advised to withdraw the offers to Tropical Splash and Action Cappa, and proceed with engineering plans to finalize and identify impacts to those parcels prior to moving forward with condemnation. He stated after the plans are finalized, staff would like to begin negotiating with them again to hopefully resolve issues and successfully negotiate purchase, and if not, to move forward with the condemnation. He stated they need to close on the Holy Trinity Contract, to negotiate a contract with a consultant to do the engineering on the realignment portion of the project, and bring that back to the Board prior to notice to proceed with actual design. He stated what has been completed to date is the preliminary engineering report; they do not have construction plans; and to fully identify all the impacts to the affected parcels, they need to do that. He stated they need to negotiate the scope of services; and requested authorization to negotiate a contract and bring it back for approval by the Board.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to approve the status report on the five parcels along the selected corridor of the proposed Pineda Causeway Extension; authorize the Chairman to execute a Contract for Sale and Purchase and the Addendum with Holy Trinity Episcopal Academy, Inc., subject to approval by the County Attorney; authorize staff to withdraw voluntary acquisition offers to Tropical Splash Carwash and Action Cappa; and authorize staff to proceed with engineering and design phase negotiations and bring back a contract with the consultant for Board approval. Motion carried and ordered unanimously.

REALLOCATION OF FUNDING FOR TRANSPORTATION PROGRAM AND APPROVAL OF
PRELIMINARY ENGINEERING REPORTS, RE: MATHERS BRIDGE REHABILITATION
PROJECT AND PORT ST. JOHN WEST CONNECTOR ROAD

Sue Hann, Public Works Director for City of Palm Bay, thanked staff for working so well with the City on the Malabar Road project; thanked the Board for investing in landscaping improvements on Malabar Road that will fit in well with the interchange landscaping the City will start shortly; and stated it has been a great experience working with the County on Malabar Road.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve staff's recommendations on reallocation of funding for Transportation Program; approve preliminary engineering reports for Mathers Bridge Rehabilitation Project and Port St. John West Connector Road, and approve Alternative 1 for Mathers Bridge. Motion carried and ordered unanimously.

Commissioner Higgs stated in North Brevard, there should be additional money available if the rehabilitation goes as planned; and she will not ask for changes to the plan at this point, but there are projects in District 3 that need to be considered before all the money is spent.

Chairman Scarborough stated the House Transportation Finance Committee met in Titusville; and the most impressive thing that occurred was that the County had money in it. He stated the original allocation was to do a fix; and since that meeting, the County got an additional $3 million from the federal government and $3 million may come from the State Conference Committee. He stated the County needs to be aware of things because if the money is lost, it will not come back in a simple manner; it is winning the battle now, but to remove the money at this time is not a good idea. Commissioner Higgs stated she did not ask for that, but there are intersection projects that could make a major difference; and she wants to make sure the Board has an opportunity to talk about that. Chairman Scarborough stated getting into refurbishing to keep it going for five years could run into additional cost; he would not count the $3 million in the bank for several more years; and there are risks when dealing with a bridge because it is not necessarily what they may think it is. He stated the money has not been spent and is still there.

DISCUSSION, RE: PARKING AND STORAGE OF TRAILERS, RECREATIONAL
VEHICLES, AND BOATS

Carole Hurley, President of Boardwalk Condominium Association, presented a document to the Board, but not to the Clerk; and advised it is a waterfront condominium consisting of 93 units located on the Indian River in Port St. John. She stated they have parked their boats in their parking lot without incident for the last 20 years until a disgruntled owner reported them to Code Enforcement for violating Section 62-2117(b)(3), which says their boats may only be parked on the property if a portion of the project is specifically designed and designated on the plat or site plan for storage of such vehicles and in an enclosure providing a visual barrier. She stated the condominium was originally planned to have a marina, but the builder went belly up and the land is now Nicol Park, so there is no room to build a boat parking area without infringing on their retention areas. She stated they have adequate parking in their parking lot now; they have no neighbors to offend with boat parking; their condominium is surrounded by the river on the
east, Nicol Park on the south, U.S. 1 on the west, and another condominium on the north; their parking lot is between 50 and 75 feet from the road; and they have large retention areas, a pool, pool house and tennis courts blocking any view of their parking lot. Ms. Hurley advised the Ordinance was designed to keep people from junking up the neighborhood with boats parked on front lawns; living on the water is different than usual; their backyard is their parking lot, and their front yard is the river; so their boats are parked in their backyard. She inquired if the Boardwalk Board of Directors and unit owners do not mind a few boats parking in their parking lot pursuant to strict Association rules, then why should the County prohibit it. She stated the condominium next door has boats parked in their parking lot; and requested the Board amend Section 62-2117 to allow flexibility for waterfront condominiums to manage their own boat and recreational vehicle parking. She noted Code Enforcement agrees with them.

Chairman Scarborough advised the Boardwalk is along the Indian River and on the other side is U.S. 1, so there will not be somebody else coming up to their structure. He stated condominium associations usually create their own rules; it is a community within a community; most of the time they are more restrictive; but if they want to have some latitude, he would not have a problem with staff coming back with options. He stated the Board could look at options with different parameters, distances, etc.; right now they have a problem of where to put the boats even though they are along the lagoon; and suggested the Board ask staff to return with some options. Commissioner Carlson inquired if staff should return with legislative intent; with Chairman Scarborough responding he would like to see the options first.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to direct staff to return with legislative intent and options for parking and storage of trailers, recreational vehicles, and boats at the Boardwalk Condominium, and for Code Enforcement to abate any current citations at this time. Motion carried and ordered unanimously.

ACCEPTANCE OF REPORT AND DISCUSSION, RE: COMMISSION ON MENTAL HEALTH
AND COMMUNITY SOLUTIONS JAIL SYSTEM REPORT

Dolores Kane of Merritt Island stated she talked to Harold Koenig; she is also Executive Director of the Florida Silver-Haired Legislature and is speaking for them and the Florida Silver-Haired Congress; and they passed resolutions supporting treatment for first time nonviolent offenders. She stated jail is a school for teaching criminality, but she does not know if the Board can do anything about that because it is set by the laws of the State; and inquired if this item is to get more jail space.

Chairman Scarborough inquired if there is someone to make a presentation; with Assistant County Manager Don Lusk responding Chief Rumbley is here.

Chief Paul Rumbley, Chairman of the Mental Health and Community Solutions Commission, stated the Board created the Commission by Resolution on August 28, 2001 as a result of the tragic death of Robert Ferris; and the Resolution identifies the membership that includes law enforcement, hospitals, NAMI, Public Defender, State Attorney, United Way, Judiciary, Public School System, Department of Juvenile Justice, the Senior Resource Alliance, Department of Children and Families, Office of Public Safety, local universities, and other mental health professionals relative to delivery of service. He stated the Commission conducted its first meeting in December 2001; at that time they reviewed the task given to them by the Board; and the decision was made to address the system or continue care for the mentally ill in smaller and manageable segments. He stated the Commission will provide the Board interim reports regarding its findings; and this is its first report. Chief Rumbley advised they are taking the system apart a piece at a time; and their hope is to provide the Board with reports concerning their findings, which would allow for decision-making on a short and long-term basis because they will deliver the reports in that fashion. He stated the report before the Board represents a summary of problems they observed through research, and is the first of their recommendations; it addresses the current jail system and associated processes; and the segment was chosen as the starting point for several reasons--(1) the death of Mr. Ferris, (2) the risk to inmate population particularly in the forensic area, (3) the risk to correctional staff, and (4) increasing awareness of the inherent risk associated with the jail system. Chief Rumbley advised to address the system, two subcommittees were formed--the facilities capacity subcommittee and the services and staffing subcommittee; the groups were tasked with examining the current deficits and presenting a plan for improvements to the Commission; and to aid discussions, they took field trips to Broward County jail and Brevard County jail and had many subsequent conversations with those personnel. He stated the outcome of the observations and discussions among the Commission and experts in the field was a clear recognition that the current jail system cannot provide adequate intervention for inmates with mental illness. He stated the apparent challenges are: (1) lack of dedicated cells for forensic population, (2) limitation of psychiatric services, (3) deficient staffing level for safe forensic environment, and (4) gaps in continuum of care. Chief Rumbley stated they determined those problems will intensify and be exacerbated with growth; therefore, they have proposed four short-term and four long-term recommendations, which he will summarize. He stated the first short-term recommendation is to support current legislative recommendations that impact on mental health, substance abuse, and the jail; (2) support the concept of a juvenile assessment center (JAC) as an important aspect of complete continuum of care, diversion, and management release, and review the upcoming consultant's report regarding the Brevard JAC; (3) support and encourage the Board to continue funding the enhanced level of services within the forensic program at the County jail; and (4) implement and complete addition of additional mental health bubble areas in Pod 1, creating a pod dedicated to female inmates. He noted those are their short-term recommendations. Chief Rumbley advised the long-term recommendations are: (1) expand the jail by building two additional pods, one male forensic pod and one female forensic pod; (2) conduct an analysis through the American Jail Association and the Brevard County Sheriff's Office to determine the recommended staffing ratios at the jail; (3) seek legislation and funding to staff a 16-bed short-term residential treatment (SRT) facility according to State model policy; and (4) support the building of an SRT facility. He stated the Commission struggled over several meetings trying to come to grips with what the proper ratios would be for staffing the jail; and they determined because of the uniqueness of Brevard County's system versus Broward County's system, it would require some consultation by
experts, thus the recommendation for an analysis. He stated the short-term residential treatment program facility is a major gap in the continuum of care, particularly as it relates to diverting mentally-ill persons from the jail system into a service delivery system outside of the jail population. He thanked the Board for allowing the presentation, for commissioning the study, and for its foresight in setting up the Commission; and noted he will be presenting reports to the Board periodically until the Commission is sunset in December 2002.

Dolores Kane of Merritt Island stated the Board is on the right track; she talked to doctors; they think the drug thing is a medical problem rather than a criminal problem; and it costs more to put them in jail than in a short-term facility. She stated the Board is constrained by what is determined by the courts; the courts decide where prisoners go; but they are of the opinion that incarceration is no help to those people, and they need to solve the problem, which should cost less in money and souls.

Chairman Scarborough stated when he was briefed, he asked about the cost of some of those things; first is the legislative action; he was told that is supporting and encouraging Brevard funding to enhance levels of service with the forensic program in the County jail at $122,000; and that is unfunded in the 2002-03 budget. He stated those persons who are interested in seeing that funded need to be at the budget hearings to see that it moves from unfunded to funded. He stated Item (4) is implement and complete additional mental health bubble areas that are dedicated to female inmates at $80,000; that is unfunded in the budget; so again, it is incumbent upon those interested to show up at the budget meetings and see that the Board funds that. He stated Item (2) under long-term recommendations is a need for $8,000 to do the analysis to determine staffing ratios at the jail; while it was something that appeared as part of the long-term, there is nothing that says the Board cannot go forward and front the money to get started so it can have a better perspective of how the jail should work; and requested a motion to fund $8,000 for the American Jail Association to proceed with the analysis.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve $8,000 for the American Jail Association to conduct an analysis of the staffing ratio at the Brevard County jail. Motion carried and ordered unanimously.

Commissioner Higgs inquired about the status of JAC; with Housing and Human Services Director Gay Williams responding the report done by the consultant will be before the Board on May 21, 2002. County Manager Tom Jenkins advised the funding is in one budget but not in another, and they are going to conference on that. Commissioner Higgs inquired if the money is for the upcoming fiscal year; with Mr. Jenkins responding starting July 1, 2002. Chairman Scarborough recommended calls be made supporting that funding if it is still in the works.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize calls to the State to fund the Juvenile Assessment Center (JAC). Motion carried and ordered unanimously.

Chairman Scarborough stated another item is the 16-bed SRT; and if the Board can get the State to fund that, everything would come together. Staff stated traditionally the beds for the SRT have been funded through the Legislature; in this instance, Circles of Care estimated construction of an SRT at $1.3 million; and the $1.4 million for the beds is based on the State's model cost. He stated there have been indications and discussions if the Legislature comes through with the beds, Circles of Care may be able to build the facility itself as an option. Chairman Scarborough stated it would be worthwhile to put that in the legislative package.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to authorize including request for funding an SRT facility in the Legislative Package. Motion carried and ordered unanimously.

DISCUSSION, RE: DELEGATION OF AUTHORITY TO RESOLVE EEL PROGRAM

Dolores Kane of Merritt Island inquired what is the County trying to resolve; with Chairman Scarborough responding a lot of little things that have to be worked out; and since it is ultimately going to the State and will end up with more review, the Board is not delegating much authority.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize the County Manager to waive objections to title exceptions for encroachments when the County receives quit-claim deeds or disclaimers of interest from any encroachers, and for reservations of interest in favor of the Board of Trustees of the Internal Improvement Trust Fund; determine to what extent the County should retain drainage, maintenance, and access easements on properties the County transfers to the Board of Trustees; and cut out property acreage affected by title or survey defects and approve resulting reduction in the purchase price in accordance with the appraised per acre value. Motion carried and ordered unanimously.

DISCUSSION, RE: BREVARD TOMORROW

Clarence Rowe stated he supports Brevard Tomorrow but has a hang up in reference to not meeting under the Sunshine Act; they talked about $100,000-plus of taxpayers' money; so it is important that those meetings are located where they are easily accessible to the general public and be held at a time when working people can participate. He noted the last meeting he attended was at 8:00 a.m.; that committee is 98% business people; and if they use County funds, there should be a mix of citizens serving on that committee. He stated he would appreciate the Board putting the committee under the Sunshine Act and make it accountable for expenditure of County funds because there needs to be a check and balance. He stated it is a marvelous program, but they had a meeting at Patrick Air Force Base where the general public could not attend; and requested consideration be given to have those meetings with easy access for all citizens, in locations people can get to, and in the evenings when working people can participate. He stated other than that, the program is beautiful and will work to the advantage of the people, but the people should be a part of that organization.

Commissioner Colon advised a lot of business people are involved in Brevard Tomorrow; it has been successful and provided tremendous data to apply to the County's strategic plan; and inquired if the Board would consider appointing citizens from the community at-large to Brevard Tomorrow so people who are not from the business community could provide input. Chairman Scarborough stated that is another idea that could be discussed later.

Commissioner Carlson stated she appreciates Mr. Rowe's support for Brevard Tomorrow, but wants to clarify some things; it is just a steering committee with 24 members who are leaders in the community and collectively represent 115 organizations, businesses, nonprofits, government, and economics; and the fiscal agent is the United Way. She stated the meetings have been moved around the entire County to give as much access to the public as possible; all the meetings have been posted and opened to the public; and they are in the newspaper when meetings occur. She stated Brevard Tomorrow does not operate under the Sunshine law for good reasons; most of the CBO and nonprofit organizations funded by the County do not operate under the Sunshine law; and funding for Brevard Tomorrow is 50% from the private sector for research, and 50% from government. She recommended Mr. Knox explain what the Sunshine law means; and stated the committee wants the public to provide input at any meeting, but the Sunshine law may have other restrictions.

County Attorney Scott Knox advised the Sunshine law requires all meetings of all boards to be open to the public; the question is whether or not a particular entity is a board; and they have opined in the past that Brevard Tomorrow does not fit that definition. He stated there are about nine criteria to look at to figure that out; there is nothing that prohibits Brevard Tomorrow from advertising its meetings and opening it to the public, which apparently it has done; but the problem is, if it is subject to the Sunshine law, not just meetings, but any meeting between two members must be open to the sunshine.

Mr. Rowe stated he still requests the meetings be held under the Sunshine law. He stated someone said something about the CBO; the CBO puts in $500,000; and mentioned efforts to combine several boards under the CBO. He stated they do not say they have to operate in the sunshine, but they basically do because the meetings are advertised and the public is invited to participate. He stated the Brevard Tomorrow agenda should have a slot for the public to speak; if taxpayers' dollars are being spent, they should be involved under the Sunshine law; the Board of County Commissioners has the power to do whatever it deems appropriate; and his concern is that the average citizen can have input and participate in what is going on.

Commissioner Carlson stated the financial accountability is important, and that is why Brevard Tomorrow used United Way as its fiscal agent to track the funds and how they are being used; and the plan of Brevard Tomorrow is that every one of the investors will get an update on what kinds of things are happening through work groups. She stated Commissioner Colon suggested appointing people to Brevard Tomorrow; there will be five work groups that have not been identified yet, but they will have 20-plus people per work group; and each work group will represent one of the five primary issues Brevard County has laid out; so there will be ample opportunity to get people involved. She noted if any Commissioner has people he or she wants to put on one of the work groups, the people could sign up for whatever area they are interested in; so representation is not an issue.

Commissioner O'Brien stated he understands what Mr. Rowe is trying to do, but to operate under the Sunshine law will have members leaving Brevard Tomorrow; it is an exploratory board; but to be a committee appointed by the Board of County Commissioners they would have to be under the Sunshine law and file financial statements, which will become public record; and they would not be able to talk about ideas the committee may want to consider. He stated being an open committee, they are allowed to talk to each other outside of meetings about concepts; the Board could ask Brevard Tomorrow to be open and allow the public to give their concepts and ideas; but he would not want to make it an official government committee because government is a bureaucracy that gets in the way of good works.

Mr. Rowe stated he stands firm on the Sunshine Act; and described how the Redistricting Committee, appointed by the Board, operated and allowed participation. He stated he does not know what the hang-up is about the Sunshine Act; if there are certain things about the law they are not supposed to do, then they should not do them; and if they are trying to get around that, then he has a problem with it.

Commissioner Carlson stated Brevard Tomorrow is not a government entity. Mr. Rowe stated it could be if the Board wanted it to be. Commissioner Carlson stated it does not want Brevard Tomorrow to be a government committee; County government is requesting to participate in that process; and it wants to be at the table to come up with a comprehensive strategic plan for the community based on what the community wants, and not just what government wants.

Commissioner Colon stated once a committee is put under the stress of the Sunshine law, it would not be as effective as it could be because they would not be able to work outside of the sunshine; however, she would like to suggest to Brevard Tomorrow that its meetings be open to the public and it should allow three minutes for public comments at the end of the meetings. She stated Brevard Tomorrow is successful because companies allow their employees to volunteer their time to be a part of it; that is why they meet during the daytime hours; but it would be a good compromise if they would allow public comments, but not be under the Sunshine law.

Commissioner Higgs stated Mr. Rowe raises an interesting question, which is difficult to answer; the more the County becomes involved in the operation of a not-for-profit group operating under its own legal entity, the closer it gets to being a sunshine group; and Mr. Knox provided her with a copy of a court case, which the Board should review before determining anything. She stated the County never had a not-for-profit group that she can recall, other than Economic Development Commission, that was under the Sunshine law; so it needs to be sure it is not directing the operation of Brevard Tomorrow or appointing members to it because that would put it under the Sunshine law. She stated if it is a not-for-profit group operating on its own and receives grants from the County to do a particular activity, it stays outside that realm; and if the Board starts telling it what to do, then it is putting it in a realm it is not designed to do; so the Board needs to be careful not to go over that edge. Commissioner Higgs stated Commissioner Carlson talked about Brevard Tomorrow and her role with it and not the Board because the Board is not directing that activity; and she is not ready to make a decision on Mr. Rowe's request because it needs clarification of what is required.

Chairman Scarborough advised he serves as the Brevard County Commissioner on MyRegion and sits on the Executive Committee; they had an issue whether or not it was under the Sunshine law; all the Commissioners are there through East Central Florida Regional Planning Council; and he asked for an opinion on the Sunshine law and was advised verbally that group is bound by the Sunshine law and he could not communicate with anybody. He stated he met with Mr. Knox and Attorney Jerry Livingston and had lunch with some people who were involved; he wrote to Jerry Livingston and copied all the members of the East Central Florida Regional Planning Council, asking where his opinion was; and he has not received that opinion. He stated MyRegion is similar to Brevard Tomorrow; the Board can suggest to Brevard Tomorrow some operating procedures that are inclusive and have opportunities to speak; but he does not want to drive it if it is just basically a community group that the County is participating in. Chairman Scarborough stated everything the Board gets involved in is not necessarily a committee of the Board; to make it a committee of the Board would add to some complications as Commissioner O'Brien said; but that does not mean the Board, as a major contributor, cannot ask for opportunities to speak, meeting places that are convenient, and a concept of inclusiveness that would allow what Mr. Rowe is saying without having to deal with the Sunshine law. He stated it is an activity created by the Chamber; Brevard County is participating through the East Central Florida Regional Planning Council and its contribution is through that Council, some of which is in-kind services; and there are some problems there also that the Board needs to be advised about. He requested a motion to direct staff to come back with options to further make Brevard Tomorrow more participatory in its concept, which means inclusiveness, openness, and speaking for the entire community. Commissioner Higgs stated that could be part of the contract staff is developing regarding receipt of the money; with Chairman Scarborough responding it could be done that way.

Commissioner Carlson inquired when Brevard Tomorrow came to the Board asking for support, did it also request funding from other governmental entities, and what are those other entities. She stated accountability is important; and if the County gives grant dollars, it should have the ability to audit where those dollars go. Commissioner Higgs stated it also needs to have expected performance.

Chairman Scarborough recommended Mr. Knox work with staff on a memo on what falls under the Sunshine law and to move it to a participatory inclusiveness contractually. Mr. Knox stated he will have a memo giving the Board options on how it can do that.

Commissioner Colon stated she wants to make sure the Board does not impose anything on Brevard Tomorrow, but makes a suggestion to let them know what a key player they are in helping with the strategic plan with their feedback, and that was a tremendous amount of work. She stated it can be part of the contract as a suggestion out of respect for the group. Commissioner Carlson stated she will bring it to the Steering Committee at the next meeting for discussion and have preliminary ideas from Mr. Knox as to what they can do to put it in the contract, because it may be used in other contracts the Board may pursue.

DISCUSSION, RE: COMPREHENSIVE PLAN ON EDUCATIONAL FACILITIES

Commissioner Higgs advised the Board has supported language in the Comprehensive Plan that helps in dealing with school facilities being overcrowded; and if it is going to continue to do that, it should have staff look at ways to improve that aspect of the Comprehensive Plan. She stated staff and the County Attorney can give the Board recommendations in time for the 2002B Comprehensive Plan amendment of ways to improve the school facilities portion of the Element.

Commissioner Carlson inquired if staff will come back with legislative intent; with Commissioner Higgs responding no, the intent is to have staff come back with recommendations of what can go into the Comprehensive Plan. Commissioner Carlson stated that would be legislative intent because the Board would not go forward until it has the intent identified like it does for ordinances. She stated it can be done together, which has been done before. Commissioner Higgs inquired about the cycle for the 2002B Comprehensive Plan amendment; with Planning and Zoning Director Mel Scott responding the deadline for the application is June 30, 2002. Commissioner Higgs inquired if the Board gives notice it is going to have amendments and not have the actual content, can it do that; with Mr. Scott responding staff will try to get something to the Board in July, but it will not see the amendments until August or September. Commissioner Higgs inquired if the intent can be brought back in July.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to request staff review the current Comprehensive Plan, procedures, and Codes regarding educational facilities, and return to the Board with appropriate Comprehensive Plan amendments in July 2002. Motion carried and ordered unanimously.

APPROVAL OF EXECUTIVE SESSION, RE: WITHROW v. BREVARD COUNTY

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize advertising and scheduling an executive session for May 21, 2002 at 11:30 a.m. or as soon thereafter as possible to discuss strategy relating to litigation of Withrow v Brevard County. Motion carried and ordered unanimously.

AUTHORIZATION, RE: SHERIFF'S OFFICE TO ADMINISTER LOCAL LAW
ENFORCEMENT BLOCK GRANT 2002

Sgt. Wayne Butler with the Sheriff's Department advised the item was originally on the Consent Agenda and was pulled; the Sheriff's Office has offered to take over the administration of the Local Law Enforcement Block Grant; and that is the issue before the Board. He stated it is primarily a housekeeping issue; the Local Law Enforcement Block Grant is a pot of money that is given to Brevard County every year based on Part I index crimes; the County administrates it; and there is a board that makes recommendations on the allocation of the grant funds. He stated the reason they asked to do it is because he deals with the Department of Justice quite a bit and is familiar with the people who work there and it is a law enforcement grant; and the County, as far as he knows, does not have a problem with it.

Commissioner Colon inquired how does the grant apply to the drug court; with Sgt. Butler responding drug court is eligible for funding under the program and was funded many years; the local law enforcement block grant board, which is made up as specified in the Ordinance adopted by the Board, decides how the money is divided up based on the annual award; and the drug court is eligible to apply and get some of that funding, but for the last several years it has not done that. Commissioner Colon inquired if the Sheriff's Department is part of that board; with Sgt. Butler responding yes, by Statute he has to be. Commissioner Colon inquired why does Sgt. Butler feel it would be better to be under him when there is a diverse group that already exists; with Sgt. Butler responding the administration portion of the grant is setting up the board, setting dates for public hearings, etc. and has no power involved; the County has been doing the administrative function for a while now; and there is not a lot of work to it, but to him it is an issue. Sgt. Butler stated, for example, he wanted to know when they were going to do the board this year, so he called the County and had to call around a little bit, as it is passed from Department to Department, and he could not find out who was actually administering the grant this year. He stated when he found out, he contacted that person and was told there was no award this year and that Brevard County was not going to get an award; so he called the Department of Justice because he knows the contacts up there and goes to the technical workshops through the Department of Justice to administer this grant and other monies; and they said Brevard County is going to get an award, and gave him the date for it. He stated the County is using him as a source of information anyway; so he went to his boss and asked to be allowed to administer the program. Commissioner Colon inquired if it is strictly administrative and everything else will remain the same; with Sgt. Butler responding that is correct; and it would be just setting the times for public hearings and other things similar to another grant program that he has for the County. Commissioner Colon requested feedback from staff about the pros and cons on relinquishing administration of this grant.

Assistant County Manager Stockton Whitten advised staff does not have an objection; the administrative functions include setting up the fund and account with County Finance and arranging for the meetings of the board that recommends funding allocations to the Board of County Commissioners; so the Board of County Commissioners will make the final decisions where the funding will go. He stated this request is strictly administrative and somewhat clerical. Commissioner Higgs inquired who is doing it now; with Mr. Whitten responding Housing and Human Services. Commissioner Higgs inquired what is eligible under the grant; with Sgt. Butler responding there are 11 purpose areas; and it mostly has to do with frontline law enforcement resources that are basic in nature. Commissioner Higgs inquired if Sgt. Butler could tell the Board about those purpose areas; with Sgt. Butler responding he has a list of them. Commissioner Higgs stated she has it also; and it says supporting law enforcement; hiring, training, and employing additional law enforcement officers and necessary support personnel; paying overtime; procuring equipment, technology, material; enhancing security measures in and around schools and other facilities; establishing or supporting drug courts; enhancing the adjudication of cases involving violent offenders, including cases involving violent juveniles; establishing a multi-jurisdictional task force, particularly in rural areas composed of law enforcement officials representing units of local government; establishing crime prevention programs, including cooperation between community residents and law enforcement to control, detect, investigate crimes; and defraying the cost of indemnification insurance for law enforcement officers. Sgt. Butler stated that is what is eligible for funding; but he thought he would make the offer to the County if that is something it is interested in.

Motion by Commissioner Colon, to authorize the Sheriff's Office to be the designated grant coordinator for the annual Brevard County formula award of the Local Law Enforcement Block Grant, with Sgt. Wayne Butler as the organizational representative to the U.S. Department of Justice for Brevard County.

Commissioner Colon stated she will support it since the staff does not have an issue with it and because it comes back to the Board for approval of the allocations. Commissioner Higgs stated she pulled the item from the Consent Agenda because she had an issue with it since it seems to be working okay where it is. She stated the variety of programs that could be funded outside of direct law enforcement includes prevention activities, drug court, etc.; so she will vote against the motion. Commissioner Colon stated her concern was the County said there was no money available and nothing was coming until Sgt. Butler made the phone call and found out that there was a grant coming; and staff keeps asking him for information, so her level of security fell along those lines. She stated if it was his Department that allocated the money, she would have an issue, but it is not; so there is no problem handing it over to the Sheriff's Department.

Mr. Whitten advised he is not sure if the conversation Sgt. Butler had with a particular person in the County indicates that the County did not know there was a grant award; if he is not mistaken, there is a notice for the award each fiscal year; so that is not something they dropped the ball on, but probably a conversation that had some miscommunication in it. Sgt. Butler stated he did not mean to imply they did not know what they were doing; and they do a good job with it. Commissioner Colon stated she just wanted to know the pros and cons; and it does not hurt to let the Sheriff's Department oversee the administration part of the grant.

Commissioner Carlson inquired if Mr. Lusk sees any issues with some of the other areas that could be getting part of the grant funds that the Board can address; with Assistant County Manager Don Lusk responding the way the grant is discussed by the advisory board and then comes back to the Board of County Commissioners, there is plenty of opportunity for staff to look at those other areas that were mentioned by Commissioner Higgs. Commissioner Carlson inquired if the County has a grant specialist who would execute what Sgt. Butler is talking about doing; with Mr. Lusk responding this grant was recently taken over by Housing and Human Services; they have someone who will administer the grant; but that would not be what that person does primarily, and would be additional duties. Commissioner Carlson inquired if Sgt. Butler is the grant specialist employed by the Sheriff's Department; with Sgt. Butler responding he hopes that is not the only reason. Commissioner Carlson stated that may not be the only reason, but that is what his specialty is; with Sgt. Butler responding affirmatively. Commissioner Carlson stated that may be an advantage to the County for the Sheriff's Office to oversee that grant and potentially help the Board in looking at other aspects of that grant, so she will support the motion.

Chairman Scarborough inquired if there is a second to the motion. Commissioner Carlson seconded the motion. Chairman Scarborough called for a vote on the motion. Motion carried and ordered; Commissioner Higgs voted nay.

RESOLUTION, RE: RELEASING CONTRACT FOR IMPROVEMENTS IN SUNSET LAKES,
PHASE IX

Commissioner O'Brien advised he pulled the item from the Consent Agenda because there is an accusation that indicates nonconformance with the County-approved development plan by the developer. He stated the developer is close to turning control of the homeowners association over to the residents; the problems are still unresolved; and there appear to be a lack of credibility and accountability by the present developer. He noted there are serious problems that must be resolved before control of the homeowners association changes; a few homeowners have come to the County asking for help; and the developer is requesting release from the Contract for the project where they live. He recommended hearing from the residents before making a decision.

Steve Benn advised he has lived in Sunset Lakes since 1993; they have tremendous problems with drainage and erosion of the common area that was there in 1993, but is no longer there; they lost six to eight feet of the common area; in one area there is only about two feet left on his property; and on the property to the east, there is virtually no common area left. He stated the drainage system has continued to fail during severe weather events, afternoon thunderstorms, tropical storms, and hurricanes; the drainage system was based on a 25-year storm event; but there are a lot of afternoon thunderstorms that approach the 50-year storm status. He stated they have problems with erosion threatening their properties; a culvert pipe was completely washed out and encroached on the property between Lots 32 and 33; they also hastily constructed a concrete bag headwall, which collapsed on two occasions; and during severe rains they have to backfill after it. Mr. Benn advised the St. Johns River Water Management District was out there on numerous occasions; it also had issues with the contractor and actually stopped him from continuing on some of his operations in the development until he had some things that were completed; however, the St. Johns River Water Management District keeps referring the residents to the County because the developer is not in compliance with the plans approved by the County. He requested the County do a comprehensive review of the situations that have occurred as opposed to what was approved in 1993 and meet with the property owners so they can point out various issues and hidden problems that may not be apparent when looking at the properties. He stated the drainage system impacts Lots 30 through 35 on Block F, caused by a fill-in of properties on the opposite side of the lake during another construction phase a couple of years ago, which diminished the capacity of the lake and caused a rise in water level. He stated fortunately the drainage system works when they have drought conditions; but when there is a lot of rain, it does not work at all. He stated the weir system set up as drainage for the development is inadequate; the whole system is inadequate; and they are constantly battling the erosion and problems caused by that. He requested the Board table the resolution until a comprehensive review of the plan and situation occurs.

Dave Rowland stated he lives a few doors down from Mr. Benn and has the same problems; the easement on his property is almost gone; and it will not be much longer until it infringes on his property. He requested the Board table the item until the problems can be resolved and settled.

Matthew Ryan stated he would also like to have the item tabled until further study of the flooding and conditions in the area are made along with the reconfiguration of the lakes. He stated they are not up to the prints that were given out; and the developer can do anything he wants as long as it complies with the prints.

Commissioner O'Brien recommended the item be tabled until July and staff meet with the homeowners and look at the problems to see if there is anything the County can get involved in.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to table consideration of the resolution releasing Contract with Deerfield Grove Partnership dated September 11, 2001 until July 9, 2002, to allow staff to meet with the homeowners and do a comprehensive review of the problems. Motion carried and ordered unanimously.

PUBLIC COMMENTS, RE: SUPPORT OF BOY SCOUTS

Bobby Putnam with the local Boy Scouts stated he wants to start a grant scholarship program for groups or individuals who show excellence in service; and inquired if the County is interested in supporting it; and if so, who can he contact to find more information about grants.

Chairman Scarborough suggested Mr. Putnam contact Assistant County Manager Don Lusk; and stated the Board recognizes the Eagle Scout awards because they are important. Commissioner Carlson stated the Eagle Scouts who want to work with the County on projects can promote that community effort; and advised Mr. Putnam to work with Mr. Lusk who will bring back information to the Board.

DISCUSSION, RE: COMPREHENSIVE PLAN AMENDMENTS FOR BREVARD CROSSING

Commissioner Higgs stated she received a letter from Department of Community Affairs that was faxed to her indicating it is going to approve the City of Cocoa's Comprehensive Plan amendments involved with Brevard Crossing; and requested a report from staff on any actions the Board may decide to take, what it would have to do, and the implications of that. She requested that report back within a week so the Board can have it if it wants to put something on the final agenda in May.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to prepare a report on Department of Community Affairs approval of the City of Cocoa's Comprehensive Plan amendments for Brevard Crossing, what actions if any the Board may wish to take, what it would have to do, and implications of that action; and to return with the report within a week. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 3:44 p.m.

ATTEST: _________________________________
TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
___________________
SCOTT ELLIS, CLERK

(S E A L)