MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

January 23, 2001

The Board of County Commissioners of Brevard County, Florida, met in regular session on January 23, 2001, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Sue Carlson, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Randy O'Brien.

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

AUTHORIZATION, RE: FILE FOR REHEARING ON PROPOSED CHARTER AMENDMENTS

County Attorney Scott Knox stated he sent to the Commissioners yesterday a copy of the Fifth District Court of Appeals decision on Sterling, which reemphasized the initial decision that said the Board has to put three Charter amendments on the ballot at the next special or general election; and the three amendments involve the citizens bills of rights, a limitation on the amount of property that can be owned by governments in Brevard County, and a mini-Bert Harris Act. He stated it is his view that the Court's decision is faulty in the sense that it does not go into whether the amendments are constitutional or not; and requested authorization to file a motion for a rehearing before the entire nine-judge panel that encompasses the Fifth District Court of Appeals. He noted the County has ten days to file the motion.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize the County Attorney to file a motion with the Fifth District Court of Appeals for a rehearing en banc regarding its decision that the Board has to put three proposed Charter amendments, proposed by the splinter group of the initial Charter Review Committee, on the ballot at the next special or general election that is available, regarding a citizens bill of rights, limitation on the amount of property that can be owned by governments in Brevard County, and the mini-Bert Harris Act.

Commissioner O'Brien inquired about the third amendment; with Mr. Knox clarifying it is a mini-Bert Harris Act, which means the County would have to pay for any diminished value caused by any regulations imposed by the County. Commissioner O'Brien inquired who brought the amendments forward; with Mr. Knox responding it was the splinter group of the first Charter Review Commission. Commissioner Higgs advised the amendments rose out of the group that met after the full group had met. Commissioner O'Brien inquired about the other amendments; with Mr. Knox reiterating a limitation on the amount of property that can be owned by government and a citizens bill of rights.

Discussion ensued on whether a special election would be necessary, right to petition being sacred to citizens, and amendments in question not being petition driven.

Commissioner Scarborough stated there is an assumption that people should have an ability to go to the polls to determine their own destiny without regard to conflict with general laws, whether it is economically practical, or other factors; people who are concerned about quality government will need to, on their own initiative, start going the same route of asking that things be put on the ballot; this is from a splinter group; and if people fully appreciated what they were being asked to vote on, it would be scary. He commented on the problems with the high-speed rail issue, how the public is informed on referendum issues, limited role of the courts, and the fundamental rights of people to drive decisions. He stated he will vote for the motion, but it is perplexing to have the courts tell people they cannot vote on things; and the court is being put in that posture. Commissioner Higgs stated the group that brought up the issues met after the report was submitted; the Board felt, at that time, that the Charter Commission had sent forth a report in a lawful manner, and put those issues on the ballot; and the other set of potential Charter amendments was voted on in a meeting that half the group did not attend, and was not in agreement with the policies prescribed. Commissioner Scarborough stated what they are requesting of the court is the right of the people to vote; that is the thrust of the problem; and the court is going to have to say no, it will not permit the people to vote. Commissioner Higgs stated in this case the individuals who support the amendments have every opportunity to bring them to the Board to ask for a super majority vote or to take them to the public to petition; the question is a procedural and rules issue; and that is why she is willing to see this through.

Commissioner Colon removed her second to the motion.

Commissioner O'Brien inquired if the items were not petition drive; with Mr. Knox responding that is correct. Commissioner O'Brien inquired if the amendments were the recommendation of the Charter Commission after it finished its work. Mr. Knox stated the Charter Review Commission had 15 members, which submitted a series of amendments; and subsequent to the final meeting, a splinter group of eight members met, changed the rules to not require a two-thirds vote to forward amendments, and forwarded six amendments, which were not put on the ballot by the Board because it was deemed that those had not been properly forwarded by all 15 members. Commissioner O'Brien inquired if three judges said to put them on the ballot; with Mr. Knox advising it was two out of the three judges. Commissioner O'Brien inquired if the judges are saying the splinter group had the right to do that; with Mr. Knox responding they are saying that is the case; however, the issue was never litigated in the Circuit Court, and the Fifth District Court of Appeals made that decision by itself. Commissioner O'Brien inquired what was litigated; with Mr. Knox responding the judge in the lower court said it was a moot point because the election was held and the six amendments were not on the ballot, and therefore there was no need to consider the issue. Mr. Knox advised that was the issue the Fifth District had before it; and it said it was going to find that the procedures were properly followed even though there was no evidence, was not going to worry about whether it was constitutional or not, and was going to let the people vote.

Commissioner Scarborough seconded the motion. Motion carried and ordered; Commissioners O'Brien and Colon voted nay.

AUTHORIZE LETTER, RE: SUPPORT OF MAX BREWER BRIDGE FUNDING

Commissioner Scarborough stated they have been moving forward with the Max Brewer Bridge; and it may be advantageous for the Chairman to send a letter to Congressman Dave Weldon requesting his support.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize the Chairman to send a letter to Congressman Dave Weldon requesting his support of funding for the Max Brewer Bridge project. Motion carried and ordered unanimously.

Chairman Carlson stated she will be meeting with Congressman Weldon this week, and she will bring up this issue. Commissioner Scarborough requested it also be done in a letter format.

AUTHORIZE LETTER, RE: MENTAL ILLNESS FUNDING

Commissioner Scarborough stated there was a request by some of his constituents that the Board request funding from President Bush for the needs of the mentally disturbed; and he has provided a draft letter.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the Chairman to send a letter to President George W. Bush requesting funding from the reported $1.9 trillion budget surplus to assist people suffering from mental illness. Motion carried and ordered unanimously.

REPORT, RE: HOUSE WITH PAVED FRONT YARD IN PORT ST. JOHN

Commissioner Scarborough stated there is a house in Port St. John that has the whole front yard paved; and apparently that is not contrary to the Brevard County Code. He stated he spoke to Jim Egan with the Marine Council who is concerned about how the County handles stormwater; and he has a meeting scheduled with Mr. Egan because this may be more than an aesthetics issue.

APPROVAL, RE: PURCHASE OF HOLLOWAY PROPERTY

Commissioner Scarborough stated as a part of the Parks and Recreation referendum in North Brevard, there was an option to purchase the Holloway property; and requested permission to proceed.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize execution of Option to Purchase 90 acres of the Holloway property under the Parks and Recreation Referendum Program for the Chain of Lakes Project. Motion carried and ordered unanimously.

REPORT, RE: TOWN MEETING

Commissioner Colon stated the town meeting was very successful; approximately 35 to 40 people attended; and she got feedback about concerns regarding landscaping at the beach and zoning issues. She stated the community indicated the Board was doing a good job; and advised she will be holding such meetings throughout the year to get feedback. She stated in February 2001, she will be holding a town meeting in Melbourne.

DISCUSSION, RE: WORKSHOP WITH SCHOOL BOARD

Chairman Carlson stated she met with Rich Wilson, Chairman of the Brevard County School Board, as the Commission requested; they decided to go back to the respective administration and request input as far as issues that cross both the School Board's and County's path; and the County Manager has already met with Dr. DiPatri. She stated they intend to put together a workshop, but she does not know the timeframe. County Manager Tom Jenkins advised they are working on a March workshop. Chairman Carlson requested the Commissioners submit to Mr. Jenkins any issues of concern so an agenda can be developed and they can make the most out of the time.

Commissioner Higgs stated she wants to be sure there are clear issues that have the opportunity to be resolved before a date is set; she would hate to see issues being developed just to fill up a meeting; and she wants to be sure there is a real reason for the meeting.

Chairman Carlson stated once Mr. Jenkins gets input from the Board, the issue will be put on the Agenda so the Board can discuss it further before setting a workshop date.

REPORT, RE: QUALITY OF GROWTH MANAGEMENT ISSUES

Chairman Carlson stated she was asked to write a memo to the Board on quality growth management; staff put out a memorandum on December 22, 2000 and solicited input on quality growth management issues the Board might wish to discuss at the workshop at the end of January; and requested the Commissioners provide that information to staff.

County Manager Tom Jenkins stated the intent was to solicit the Commissioners' priorities; staff provided eleven priorities; the Board requested another be added dealing with water levels, drought, and fire suppression; and requested the Board provide staff with some priorities.

Commissioner Scarborough stated several things are moving simultaneously; and complimented the County Manager and staff on putting the capital improvement program together with goals so the Board can see things happening. He stated there is a tremendous amount of statistical data; several groups are doing strategic plans; and for the Board to put together a plan without incorporating all the information that is going to be forthcoming would be in error. He stated the Board can go forward, keeping in mind that as the information comes back, the Board is going to have a comprehensive overall view of where the community is and where dollars can be best expended; each program compliments other programs; and the Board should attack the weak points first rather than having a group of eclectic goals. Chairman Carlson stated the Board was going to go over the quality growth issues at the last workshop, but time ran short. Commissioner Scarborough advised of community excitement about the issue, which will provide good results. Chairman Carlson stated her office is in the process of sending letters on the quality measurements. Mr. Jenkins noted he has a couple of suggestions for revisions to the letter.

Commissioner O'Brien stated the Board should be discussing growth management issues with the School Board in order to reduce the number of portables; a growth guide should be created in cooperation with the School Board; if the School Board intends to build a new school, the County knows where permits should be issued; but it may also have to start looking at where permits may have to be restricted.

Chairman Carlson requested the Commissioners itemize the concerns and submit them to staff so the Board can look at everything together.

Commissioner Colon stated she wants to establish realistic short-term and long-term goals that can really be accomplished; and requested staff provide different scenarios on impact fees so the Board will have that data available.

Chairman Carlson reiterated each Commissioner should put their thoughts on paper.

Commissioner Scarborough stated Barbara Moore spoke to him about how to help working mothers have a place for their children, which helps employers and keeps people off welfare; and commented on not limiting discussion on capital improvements, some people being program-oriented, how CBO and CDBG funds are spent, and sales tax.

PERSONAL APPEARANCE - BABETTE HANKEY, CENTER FOR DRUG FREE LIVING,
RE: SUPPORT OF PREGNANT AND POSTPARTUM WOMEN AND INFANTS
RESIDENTIAL PROGRAM

Chairman Carlson stated there was a request from the Center for Drug Free Living; and Babette Hankey will explain the predicament the Center has gotten into due to the Governor's budget.

Babette Hankey, Chief Administrative Officer for the Center for Drug Free Living, stated Mary Scattergood, Director of the Center for Drug Free Living Board, is also present. Ms. Hankey stated last year the Center worked with Representative Posey and Senator Kurth on a program that has been successful in Orange County to serve district-wide clients, particularly pregnant and postpartum women and children who have substance abuse and other problems; and working through the Governor's budget last year, they were able to get an increase of $500,000 to expand efforts in Brevard County, identify a site, and develop more partners. She stated this is one of the programs the Governor has highlighted in his drug strategy for expansion throughout the State; they do a lot of advisory work throughout the State so the program can be replicated; and there have been impressive outcomes. She stated the program not only focuses on the mother and her issues, but also provides services for the children. She stated the children live onsite with their mothers; they were fortunate to receive a $500,000 appropriation to expand the services to Brevard County; the current program is $1.2 million and serves residents of all the counties; and as a result of the expansion they have successfully served over 22 Brevard County women and have had seven babies born drug-free and of normal birth weight. She noted the cost of having a crack baby working through the Department of Children and Families is estimated at $750,000. She stated the Governor's budget came out Wednesday; the $500,000 that was in the budget last year is recommended to not be in the budget; and they are working through the process to have it reinstated. She stated they have worked with Senator Posey, Representative Alan Trovillion and other members of the Delegation; and commented on half-year and full-year funding. She stated the need has been identified; the outcomes have been successful; and provided an update on the County program. She stated there are people currently in the program who will be on the street with their children if funding is lost; and commented on problems of those using the program.

Mary Scattergood stated she hopes they can gain the Board's support in getting funding this year; and advised her interest in this program comes from a personal tragedy. She stated the program is much needed in the County; and she hopes to lead the Center in bringing in more programs for treatment, education, intervention, and outpatient and inpatient programs.

Chairman Carlson inquired if Ms. Hankey is requesting specific action; with Ms. Hankey responding as part of the Legislative Proposal she is sending forward, she needed to make a presentation to a local public body; and requested a motion of support.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize the Chairman to sign a letter of support for the Center for Drug Free Living for use in their package to the Legislature.

Commissioner Scarborough suggested Ms. Hankey and Ms. Scattergood assist in the drafting of the letter.

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

Commissioner Scarborough stated at the workshop with the full Legislative Delegation last week, the Board was told it was going to be a rough year in Tallahassee for appropriations; and Ms. Hankey is wise to get support early on.

Chairman Carlson stated the Center for Drug Free Living has existing support from members of the Legislature, but the Board has items in its Legislative Packet that could compete for the same dollars Ms. Hankey is talking about.

RESOLUTION, RE: CONGRATULATING PALM BAY PIRATES FOOTBALL TEAM

Commissioner Colon stated the City of Palm Bay is very proud of the team and the coaches. She read aloud the resolution recognizing the achievements and outstanding season of the Palm Bay Pirates Football Team, and congratulating the team on its State Championship Title.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution congratulating the Palm Bay Pirates Football Team for its State Championship Title. Motion carried and ordered unanimously.

Commissioner Colon recognized each player and coach by name; and presented the Resolution to Head Coach Dan Burke. Coach Dan Burke expressed appreciation for the Resolution.

RESOLUTION, RE: PROCLAIMING WUESTHOFF HEALTH SYSTEMS APPRECIATION YEAR

Chairman Carlson read aloud a resolution proclaiming 2001 as Wuesthoff Health Systems Appreciation Year in recognition of its 60 years of service to the County.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution proclaiming 2001 as Wuesthoff Health Systems Appreciation Year in recognition of the facility's service to the County. Motion carried and ordered unanimously.

Chairman Carlson presented the Resolution to Mr. Miller. Emil Miller, President and Chief Executive Officer of Wuesthoff Health Systems, expressed appreciation for the Resolution; stated they have ambitious plans going forward over the next couple of years; and they look forward to continuing to meet the health care needs of the Brevard County residents.

The meeting recessed at 9:40 a.m. and reconvened at 9:49 a.m.

PERSONAL APPEARANCE - HEIDI BRANDOW AND WILLIAM ELLIS, RE: PROJECT
IMPACT PROGRAM

Heidi Brandow, representing the Council of Chambers, stated Project Impact is a community initiative whereby citizens have the opportunity to help themselves with a little help from government; the successful communities that have demonstrated disaster mitigation all had very organized Project Impact programs in place, complete with a coordinator, or in some cases whole departments or agencies; and the successful programs have retrofitted businesses, County offices, schools, and residences. She stated partnerships were formed with local businesses to help with supplies and volunteer labor and assistance; those communities that were successful worked closely with county agencies such as EDC and Chambers of Commerce; and those communities that were doing great things had a paid staff person or coordinator to rally the troops and keep the community focused on being prepared. She stated it is imperative that the County have a plan for protecting the economic vitality of the community, and keeping the businesses open, employees at work, and children in school. She stated she served on one of the mitigation strategy teams; they found that the community is not ready and must be more alert to disaster preparedness; and advised of the need for someone to carry that flag throughout the community. She urged the Board support a funded position so a coordinator can be hired; stated the coordinator could be housed in the EDC offices; and an addendum to the EDC contract could be done. She emphasized the need for a coordinator; and stated the Chamber is prepared to assist the coordinator.

Bill Ellis, representing the Council of Chambers, stated Brevard County has done a good job in preparing the public sector for disasters; but it has not done as good a job in preparing the business community. He stated 40% of small businesses that go through a disaster never reopen; and that means loss of future tax base, loss of jobs and income to individuals, and more people on welfare; so the business community needs to be better prepared. He stated he is not talking about duct tape and plywood, but a planning process that prepares businesses for eventual disaster. He stated anyone who has lived in Florida for 60 years has seen a hurricane or disaster; and there will be disasters in the future. He commented on the need for a coordinator for the program, housing the individual in the EDC offices, and selection process; and urged the Board to fund the program.

Chairman Carlson stated it is her understanding that the County has gotten a grant; with Emergency Management Director Bob Lay responding the County has not applied for the grant, but has the ability for a grant of approximately $75,000, which can be used as start-up money for the program. Chairman Carlson inquired why has the County not applied for it; with Mr. Lay responding the County is in the process right now.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to authorize staff to apply for a grant to fund a Project Impact coordinator. Motion carried and ordered unanimously.

Chairman Carlson stated there is also a request to change the Contract with the EDC; she is not sure if that is necessary; and inquired if the County Attorney is familiar with that Contract. County Manager Tom Jenkins advised a separate contract would be preferred, not to interfere with the main contract.

Motion by Commissioner O'Brien, to direct the County Manager to do whatever is appropriate, a separate contract or Addendum to the present Contract, to accomplish the task.

Commissioner Higgs stated she is not sure that is the way to go, and would prefer to have some discussion and investigation of the best place to locate the program. She stated the ability to coordinate through the Emergency Management Department is a strong link; and perhaps the Board should not outsource on that.

Chairman Carlson stated it may help to get further background. Mr. Lay stated the Emergency Management office has been doing the overview on local mitigation strategy and initial coordination of Project Impact, which has been a tremendous drain on the office as it tries to focus on programs for the public and bringing together partnerships between public and private industry. He stated by entering into this partnership, the County is starting to have national recognition; and they are trying to make it such that in any kind of natural or technological disaster the County would have the ability to recover quickly. He stated the EDC seems to be the logical place for the coordinator position to be; connectivity between the EDC and his office would be essential; Ron Burch has been serving as Project Coordinator; and he would envision Mr. Burch continuing to provide a lot of input to the program.

Chairman Carlson stated the idea is to protect the economic vitality after a disaster; the best place for that might be with the coordination of the EDC; there would have to be a letter of agreement for the communications between the EDC and the County; and that could come back to the Board as an Agenda item so the Board could review it or put out other options.

Commissioner Higgs stated she is not comfortable doing this; and inquired if the grant is only for business-related mitigation; with Mr. Lay responding it is start-up money to hire a coordinator for the program. Commissioner Higgs inquired if it is residential as well as business; with Mr. Lay responding yes. Commissioner Scarborough suggested getting a report back; stated the EDC does not interface with everyone employing people in the community; and since Commissioner Higgs has added the element of non-business, the Board may need to look at it. Commissioner Higgs stated she is not adding the element; but Mr. Lay is saying the grant covers the full range of mitigation. Commissioner Scarborough stated the Board should get information on what the grant covers and what the program would be; with Chairman Carlson suggesting the Board get some options.

Mr. Lay advised there is a potential for an additional $275,000 in grant money that will come through his office, but it is for brick and mortar projects, and he would be looking to see how those things could be applied on a Countywide basis.

Chairman Carlson requested when the report comes back that it include how other communities have used the project coordinators through the business community. Commissioner Scarborough stated if Mr. Lay will provide the application, the Commissioners can read the parameters.

Commissioner O'Brien stated many communities are looking at their economic development staff to house the coordinator position because it is about business and economics; in a disaster, Mr. Lay's office would deal with the human side; but the EDC would probably be working on the restoration of business; and the position should be with the EDC. Chairman Carlson stated the Board will get a report, discuss it, and then take action. Commissioner O'Brien stated his original motion, which passed, was to fund the position and put it in the EDC. Chairman Carlson requested the clerk repeat the motion; with the clerk responding the original motion, which passed, was to approve applying for the grant.

Chairman Carlson requested a job description for the project coordinator.

Commissioner Colon expressed thanks to the EDC and the Chambers of Commerce; and stated she wants to get feedback.

PERMISSION TO BID AND AWARD BID, RE: PRINTING OF VOLUME III OF THE
BREVARD COUNTY HISTORY BOOK

Chairman Carlson stated the Historical Commission requested approval of a line of credit in the amount of $45,000 to publish Volume III of the Brevard County History Book. She displayed copies of Volumes I and II; and stated they can be ordered.

Dan Schrader, Agriculture and Extension Services Director, introduced the Chairman of the Historical Commission, Doug Hendriksen.

Doug Hendriksen stated a synopsis of Volume III has been provided to the Commissioners; the Historical Commission has been working on this volume for over two years; the first two volumes were written by the historian from the University of Central Florida; but Volume III has captured all the pictures, memorabilia, and family histories that were not included earlier, but are very important to the County history. He stated a lot of the pictures have never been seen; they come from personal collections; and Volume III will be the capstone to the first two volumes, giving the County a three-volume history that no other county will have. He requested a line of credit of $46,000; advised the Board granted a line of credit for Volume II, that has been repaid; and they will repay the money for Volume III. He stated they expect 3,000 volumes to sell out; there are 800 copies of Volume I and 1,200 of Volume II; and by putting out a three-volume set, they expect to quickly pay back the loan.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve a $46,000 line of credit for printing of the Brevard County History Book, Volume III; and grant permission to bid and award bid to the lowest qualified bidder.

Commissioner Scarborough stated the Board did the right thing in advancing money in the past; it has paid off; and the residual benefits are enormous. He stated the sooner people moving tothe County understand the County, the sooner they will integrate into the community and become productive citizens.

Commissioner O'Brien stated he has heard too many times that Brevard County has no history except for rockets; but that is not true; and there is history going back to before the Civil War.

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

Assistant County Manager Stephen Peffer requested Mr. Hendriksen or Mr. Schrader explain how the public can get these volumes. Mr. Hendriksen stated the books will be available through the Agriculture Center to start with, but will be going to places like the Mosquito Beaters and various bookstores; and they will also be available at the Space Center. Chairman Carlson inquired when Volume III will come out; with Mr. Hendriksen responding it is ready to go to press, so it will probably be ready by Spring, 2001.

FINAL PLAT APPROVAL, RE: SUNSET LAKES, PHASE VIII

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final plat approval for Sunset Lakes, Phase VIII, subject to minor changes if necessary, receipt of all documents required for recording, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

RESOLUTION, RE: CLARIFYING COLLECTION AND AMOUNT OF DEVELOPMENT
INSPECTION FEES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution clarifying the collection and amount of development inspection fees. Motion carried and ordered unanimously.

RESOLUTION, RE: APPROVING VIERA DRI DEVELOPMENT ORDER CHANGES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution approving the amendments to the Viera DRI Development Order made by the Board on December 12, 2000. Motion carried and ordered unanimously.

ACCEPTANCE, RE: THIRTY-FOOT PUBLIC BEACH ACCESS EASEMENT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept a 30-foot public beach access Easement from CPO Development, Inc. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH W&J CONSTRUCTION, RE: GUARANTEED MAXIMUM
PRICE FOR CONSTRUCTION OF SOUTH MAINLAND COMMUNITY CENTER
GYMNASIUM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order No. 1 with W&J Construction for guaranteed maximum price of $1,376.131 for construction of the South Mainland Community Center Gymnasium. Motion carried and ordered unanimously.

COST SHARE AGREEMENTS WITH MARINE RESOURCES COUNCIL AND FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: INDIAN RIVER LAGOON
INITIATIVE SHORELINE RESTORATION PROJECT
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Cost Share Agreements with the Marine Resources Council and Florida Department of Environmental Protection for funding to remove invasive, undesirable plants and planting of native species at selected sites along the Indian River Lagoon. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO AGREEMENT WITH KHA LE-HUU AND PARTNERS, RE:
ARCHITECTURAL AND ENGINEERING SERVICES FOR ENCHANTED FOREST
SANCTUARY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment No. 1 to Agreement with Kha Le-Huu and Partners in the amount of $7,311 for architectural and engineering services for the Enchanted Forest Sanctuary. Motion carried and ordered unanimously.

CONTRACT MODIFICATION NO. 8 WITH RANGER CONSTRUCTION INDUSTRIES, INC.
AND AMENDMENT TO CONTRACT WITH PROFESSIONAL ENGINEERING SERVICES,
RE: MALABAR ROAD WIDENING PROJECT, PHASE II

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract Modification No. 8 with Ranger Construction Industries, inc. in the amount of $268,788.73, with ninety additional contract days, and Amendment to Contract with Professional Engineering Services in the amount of $4,964.74 for Malabar Road Widening Project. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE FINAL PUBLIC HEARING, RE: ACCEPTANCE OF
IMPROVEMENTS AND FINAL ASSESSMENT ROLL FOR JUDY KAY ROAD PAVING MSBU

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to advertise final public hearing to consider a resolution accepting improvements and adopting the final assessment roll for Judy Kay Road Paving MSBU. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE FINAL PUBLIC HEARING, RE: ACCEPTANCE OF
IMPROVEMENTS AND FINAL ASSESSMENT ROLL FOR FARNSWORTH AVENUE
ROAD PAVING MSBU

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to advertise final public hearing to consider a resolution accepting improvements and adopting the final assessment roll for Farnsworth Avenue Road Paving MSBU. Motion carried and ordered unanimously.

RESOLUTION, RE: TERMINATING ORDINANCE NO. 99-27 AND RESOLUTION NO. 99-251
FOR THE TURNER ROAD WATERLINE MSBU

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution terminating Ordinance No. 99-27 and Resolution No. 99-251 for the Turner Road Waterline MSBU, releasing and terminating any liens created by the initial assessment. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RE: FUNDING
FOR DISASTER MITIGATION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Florida Department of Community Affairs for the receipt of $50,000 for disaster mitigation; and amend the current Housing and Community Development budget to reflect the increase. Motion carried and ordered unanimously.

CHANGE ORDER NO. 3 WITH DIXON ELECTRIC COMPANY, INC. AND FINAL PAYMENT
RE: LIGHTING AT MCLARTY PARK

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order No. 3 with Dixon Electric Company, Inc. for athletic field lighting at McLarty Park, increasing contract amount by $1,172.76 for installation of two PVC conduits for power circuit and control for scoreboard at Simmons Field; and approve final payment to the Company in the amount of $13,971.76. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH CITY OF TITUSVILLE, RE: SAND POINT PARK
DREDGING PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Interlocal Agreement with the City of Titusville allocating $5,000 to the City for dredging of the basin at Sand Point Park. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF TITUSVILLE AND BUDGET CHANGE REQUEST, RE: CDBG
GRANT FOR CONSTRUCTION OF PAVILION WITH RESTROOM AT BLANTON PARK

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with the City of Titusville and approve Budget Change Request establishing a project budget for a $33,890 Community Development Block Grant from the City for construction of a pavilion with restroom at Blanton Park. Motion carried and ordered unanimously.

AUTHORIZE PURCHASE, RE: THREE REEL MOWERS FOR SOUTH AREA PARKS
MAINTENANCE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize the purchase of three Reel Mowers for South Area Parks Maintenance at a cost of $17,468.23 each, for total cost of $52,404.69 from General Services Administration Contract GS-07F-8722D. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING APPLICATION FOR DEPARTMENT OF HEALTH/EMS
GRANTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution authorizing Application to Florida Department of Health for grant funds to expand and enhance Countywide Emergency Medical Services. Motion carried and ordered unanimously.

PURCHASE OF SERVICE AGREEMENT WITH COMMUNITY SERVICES COUNCIL OF
BREVARD, INC., RE: SPACE COAST AREA TRANSIT SERVICES FOR THE SENIORS
AT LUNCH PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Purchase of Service Agreement with Community Services Council of Brevard, Inc. in the amount of $93,918 for SCAT to provide transportation services to the Seniors at Lunch Program participants from January 1, 2001 to December 31, 2001. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID OR PURCHASE OFF STATE OR GSA CONTRACT,
RE: HEAVY EQUIPMENT BUDGETED FOR PURCHASE IN FY 2000/2001

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to bid and award to qualified low bidder, or purchase off State or GSA contract, if unavailable locally, heavy equipment budgeted for purchase in FY 00/01, including one four-wheel drive loader, one switching tractor, one forklift, one Chevy Blazer truck, three over-the-road truck tractors, and six trash-hauling trailers. Motion carried and ordered unanimously.

EMPLOYEE INNOVATIONS PROGRAM AWARD, RE: DONALD AUSTIN, MOSQUITO
CONTROL

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve payment of Employee Innovations Program award of $300 to Donald Austin, Mosquito Control, for his contributions in building a four-in-one operational vehicle for dispersal of three types of larvicide materials in addition to adulticide. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH CITY OF TITUSVILLE, RE: SHARED USE OF
EXERCISE FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Interlocal Agreement with City of Titusville for shared use of the exercise facility located in Titusville. Motion carried and ordered unanimously.

AUTHORIZE WORKSHOP, RE: TOURISM DEVELOPMENT COMMISSION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize a workshop with the Tourism Development Commission on February 27, 2001 at 9:00 a.m. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: MELBOURNE-TILLMAN WATER CONTROL DISTRICT
AUDIT FOR FY 1999-2000

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge receipt of the Melbourne-Tillman Water Control District Audit for FY 1999-2000. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to appoint/reappoint Clement Hicklen and Christine Snitzer to the Commission on Aging with terms to expire on December 31, 2001; Cindy Earp, Brenda Harris, and Janie Holman to the Commission on the Status of Women with terms to expire on June 30, 2004; Tom McGill to the Community Based Organization Funding Advisory Board with term to expire on December 31, 2001; Clifford Barber, Jr. to the Contractors Licensing Board with term to expire on December 31, 2001; Dr. Ronald Bobay to the Country Acres Advisory Board with term to expire on December 31, 2001; Rich Gramling and Tom Stevenson to the Environmentally Endangered Lands Procedure Committee with terms to expire on December 31, 2001; Fritz Kawohl to the Library Board with term to expire on December 31, 2001; Tom McGill to the Marine Advisory Council with term to expire on December 31, 2001; Ben Graham to the Metropolitan Planning Organization Citizens Advisory Board with term to expire of December 31, 2001; Terry Lawson, Mary Tees, and Howard Wolf to the Onsite Sewage Disposal Variance Board with terms to expire on December 31, 2001; Dee Scavelli to the Palm Bay Regional Park Advisory Committee with term to expire on December 31, 2002; Robert E. Mills, Jr. to the Port St. John Public Library Advisory Board with term to expire on December 31, 2001; Scott McCullers to the South Mainland Community Center Citizens Advisory Committee with term to expire on December 31, 2001; Dan Overstreet and Bob Toppe to the Surface Water Improvement Advisory Board with term to expire on December 31, 2001; Bill Baer to the Titusville Cocoa Airport Authority with term to expire on July 7, 2002; and Stephanie Eley to the West Melbourne Public Library Board with term to expire on December 31, 2001.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
BAREFOOT BAY, UNIT 2, PART 10 - BAREFOOT BAY PROPERTIES, INC.

Chairman Carlson called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 2, Part 10 as petitioned by Barefoot Bay Properties, Inc.

There being no comments or objections, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 2, Part 10 as petitioned by Barefoot Bay Properties, Inc. Motion carried and ordered unanimously.

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

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

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

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN AVON-BY-THE-SEA
- HACIENDA CONDOMINIUM ASSOCIATION

Chairman Carlson called for the public hearing to consider a resolution vacating right-of-way in Avon-by-the-Sea as petitioned by Hacienda Condominium Association.

Commissioner O'Brien stated he received a letter from the Hacienda Condominium Association dated January 16, 2001 requesting additional time to resolve some of the issues involved with the vacating of the right-of-way.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to continue the public hearing to consider a resolution vacating right-of-way in Avon-by-the Sea as petitioned by Hacienda Condominium Association to March 6, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 22, ARTICLE VI, DIVISION 2,
CONTRACTORS' LICENSING BOARD, SECTION 22-502, POWERS AND DUTIES

Chairman Carlson called for the public hearing to consider an ordinance amending Chapter 22, Article VI, Division 2, Contractors' Licensing Board, Section 22-502, Powers and Duties.

Contractor Licensing Director Onnie Massey stated the proposed ordinance will give the County the ability to bring State-licensed contractors before the Board of Appeals and Adjustment to suspend or revoke their permit privileges; and it will be an avenue of appeal if the Building Official deems that a property needs to be demolished.

Joseph B. Moore submitted paperwork; and stated he started the project in 1994; he had trouble with the contractor but was advised by the County that it could not help because the contractor held only a State license; he went to the State, which advised him that the County does have the authority; and that is the crux of the situation.

There being no further comments, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt an Ordinance of Brevard County, Florida amending Chapter 22, Article VI, Division 2, Brevard County Code of Ordinances relating to the Contractors' Licensing Board; specifically amending Section 22-502, Powers and Duties; providing for conflicting provisions; providing for severability; providing for an area encompassed; providing for inclusion in the Code; and providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION AND INTERLOCAL AGREEMENT FOR
HEALTHCARE FACILITIES REVENUE BONDS

Chairman Carlson called for the public hearing to consider a resolution and interlocal agreement for Healthcare Facilities Revenue Bonds. She stated she received a memorandum from Commissioner Scarborough's office regarding concerns.

Commissioner Scarborough stated his staff has been in touch with a number of people on this item.

Attorney Michael Watkins, with the law firm of Nabors, Giblin, Nickerson, stated they are bond counsel to the Orange County Health Facilities Authority, which would be the issuer of the bonds that are before the Board and will be used for the purchase and sale of a number of health care facilities in Orange, Seminole and Brevard Counties; and the borrower is present to answer questions. He stated they are present to hold the TEFRA hearing and adopt a resolution authorizing the County to enter into the interlocal agreement, which gives consent to expenditure of tax-exempt bond proceeds.

Terry Bangs, President of Developmental Services Inc. and the Friendly Villages, stated the transaction involves the sale of health care facilities for people who are mentally retarded; in Brevard County these are Washington Square and two group homes; and described the facilities, their locations and clientele, and number of employees. He stated the purchaser is the Guardian Foundation, which is based in Atlanta, and has formed a subsidiary, Guardian Foundation Orlando for this acquisition; the Guardian Foundation has several health care facilities throughout the East Coast, including nursing homes, assisted living programs, an intermediate care facility, and group homes; and Developmental Services, Inc. will continue as the manager after the sale to provide continuity of services under a contract with Guardian Foundation. He stated they started developing the programs approximately 20 years ago in response to the State's need to serve people who were then living in public institutions, primarily the Sunland Centers; and advised of the closing of the Sunland Centers and opening of Washington Square. He stated the Finance Committee asked why this is being done, and there are two reasons; one is that after 20 years of owning and operating the programs, this will allow them to realize the equity they have developed; and second, the sale to a 501C3 non-profit entity will allow the facilities to continue in perpetuity. He stated his business partners Ken Schultz, who is a CPA, and Frank Lanzi, who is Executive Director for the Programs for the Disabled, are present to respond to questions.

Commissioner Scarborough stated his staff had conversations with Pat Wear who is Deputy Director of the Advocacy Center for Persons with Disabilities; Mr. Wear is supposed to address the quality of operation in a fuller sense; the County approaches these things in a purely financial sense by sending it to the Finance Committee; the nature of questions the County asks are not the same as Mr. Wear's group is asking; and it would be prudent for the Board to get Mr. Wear's input. He stated the Board should not use its capacity to help the bonding for an institution that is not serving well the needs of the user group, although he is not saying that is the case; but the Board should defer its decision until it is able to get additional information.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to continue the public hearing to consider a resolution and interlocal agreement for Healthcare Facilities Revenue Bonds to February 6, 2001. Motion carried and ordered unanimously.

Chairman Carlson advised the item will come back to the Board on February 6, 2001 after more information is gathered on the issues that Commissioner Scarborough mentioned; and inquired if staff knows the kinds of issues the Board wants information on. Commissioner Scarborough responded his staff has been on the phone to Tallahassee; and he will make sure staff gets the information. He stated the problem is that staff has dealt with it from a financial perspective; but the issue may need to evolve to some other staff like Assistant County Manager Don Lusk.

PUBLIC HEARING, RE: REQUEST FOR VESTED RIGHTS DETERMINATION FOR
ANDY LAIKIN

Chairman Carlson called for the public hearing to consider a request for vested rights determination for Andy Laikin.

Curt Mosley, Attorney representing Andy Laikin and Space Coast Development Corporation, stated Mr. Laikin's daughter has been undergoing cancer treatment, and Mr. Laikin has gone to South Carolina to be with her. Mr. Mosley stated when this item was continued at the last meeting, there were two items that were still open for questions; one was expenditures made in reliance upon the actions of the County; and receipts and documents have been provided to Mr. Scott showing what Mr. Laikin has spent. He stated Commissioner Scarborough had a question about imminent peril with regard to building a convenience store on SR A1A; if Mr. Laikin was going to build munitions or chemical warfare plants, the community might be in imminent peril; however, there are convenience stores everywhere in the County.

Commissioner Higgs stated she was advised the sales price of the land went from the $135,000 range down to the mid-$80's when Mr. Laikin bought it; and inquired what Mr. Laikin was aware of at the time he made the purchase, and was it sold by a convenience store company. Mr. Mosley stated he handled the transaction; the contract price was $83,000; and he does not know anything about it as he just reviewed the contract. Commissioner Higgs inquired was the sale from a convenience store company; with Mr. Mosley responding no, it was from an individual. Commissioner Higgs inquired if a person in the development business, in determining a fair price, would have looked at the sales history of the parcel; with Mr. Mosley responding he does not know. Mr. Mosley stated Mr. Laikin dealt directly with the seller; they reached a price; and he does not know the history. Commissioner Higgs inquired if Mr. Mosley has represented other transactions in the real estate area, and would it be customary for people to look at sales history; with Mr. Mosley responding he does not know. Mr. Mosley stated a buyer may look at the history in the sense that they would look at the title, zoning, and those types of things; but he is not sure the buyers always look at the history.

Commissioner O'Brien stated in 1981 his firm bought a piece of property in Cape Canaveral that was listed at $310,000; they were able to prove to the seller that it was beneficial to sell at a much lower price and take the tax loss; and they were able to purchase the lot with structure for $63,000. He stated he understands where Commissioner Higgs is trying to go, but what Mr. Laikin paid the property should not have a bearing on the Board's decision today; and the question is whether he has a vested right.

Chairman Carlson stated Commissioner Higgs is trying to establish that the applicant potentially knew what he was getting into when he purchased the property at a decreased price; there is no way to prove that; but it might be possible to establish an argument in court.

Karen Crandell expressed opposition to the vested rights determination based on safety concerns, traffic, and potential for alcohol sales. She advised of the investments of the neighbors in their properties; and requested the Board consider their rights as homeowners.

Stephen Kussmaul expressed opposition to the vested rights determination based on traffic concerns, lack of parking for beach accesses, and danger to children going to school. He suggested the County work with the owner to come up with a better land use.

Alice Brutscher voiced objection to the vested rights determination based on traffic concerns on SR A1A; and advised of a recent accident in the area. She stated a convenience store will just add another problem; and while it is not a munitions plant, it is a real danger.

Gerard Hazel expressed opposition to the vested rights determination based on safety concerns, recent accident in the area, gasoline station not enhancing scenic highway, and impact of tourists from Quality Suites crossing A1A to visit the convenience store at various hours. He commented on six new houses across from Quality Suites, which have direct driveways to A1A; and requested the Board not make itself responsible for a future accident as a result of its vote on this matter.

Commissioner Colon stated this item was sent back to staff with concerns about safety, and she would like some feedback from staff. Traffic Engineering Director Dick Thompson stated the staff report indicated there were no children of elementary or junior high school age walking through the intersection; there was one high school senior who was picked up at the bus stop; and there is a maximum of 13 students who could be picked up by the bus but get to school in another manner. He stated along A1A or any other road, once a driveway is added, there is potential for more contact points and additional crashes; there are many other intersections similar to the one in question up and down both A1A and other five and seven-lane sections of roadway; and how great the potential is for additional crashes depends on the drivers. Commissioner Colon stated traffic from a convenience store is not the normal traffic of a residential area; and the question is capacity. Mr. Thompson stated there would be double or triple the number of vehicles using the intersection; the traffic would be split between the two driveways or the driveway and the intersection; and there is a potential for a greater number of crashes. Commissioner Colon stated the citizens spoke about the safety issue; and inquired about the recent accident; with Mr. Thompson indicating he has no information on that accident.

Commissioner Scarborough commented on the figures in Mr. Thompson's analysis; and stated the multiple is not an increment of three, but five or ten.

Commissioner Colon stated the Commissioners got information from Planning and Zoning Director Mel Scott indicating Mr. Laikin turned in receipts totaling $12,566; but the memo also lists expenditures or obligations that cannot be considered; and some submitted expenses relate to the site.

Chairman Carlson stated the criteria for vested rights says, "the following criteria shall be considered when reviewing a vested rights determination provided that such determination does not create imminent peril to public health, safety, or general welfare of surrounding residents"; and inquired if the "or" means each element stands alone. Mr. Knox advised they are all disjunctive, meaning the Board can consider each one separately; so it would have to be imminent peril to one of the three.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to deny the vested rights determination for Andy Laikin.

Mr. Knox suggested the Board authorize preparation of a proposed order for consideration by the Board in 30 days, and continue the public hearing to take final action.

Commissioner Colon sated she does not want to keep prolonging it. Chairman Carlson noted it is the recommendation of the County Attorney.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to continue the public hearing to consider a request from Andy Laikin for vested rights determination to allow construction of a convenience store with gasoline pumps on his property, to March 6, 2001, and direct the County Attorney to prepare the appropriate order denying the request. Motion carried and ordered unanimously.

Commissioner Scarborough stated the purpose of having an order is so that the request is denied correctly procedurally.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 98, RELATING TO
PORT ST. JOHN DEPENDENT SPECIAL DISTRICT

Chairman Carlson called for the public hearing to consider an ordinance amending Chapter 98, relating to Port St. John Dependent Special District.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt an Ordinance of the Board of County Commissioners of Brevard County, Florida amending Chapter 98, Article IV of the Code of Ordinances of Brevard County, Florida relating to the Port St. John Dependent Special District; specifically amending Section 98-107 relating to elections; providing for severability and an effective date.

Commissioner Higgs stated the term of confirmation will come back to the Board; and inquired if Commissioner Scarborough anticipates that the confirmation would allow some leeway in terms of who is confirmed. Commissioner Scarborough stated it is his assumption that the Board will be given the name of one person, and the Board will confirm that one person; any Commissioner can vote in the negative; and if the majority votes in the negative, that person would not be confirmed. He stated legally the Board may not confirm the person; but as a practical matter, he does not see that happening.

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

BOARD DIRECTION, RE: REQUEST FOR ATTORNEY GENERAL OPINION ON
REGULATION OF PAYDAY LOANS

Commissioner Scarborough stated there was a request from Seminole County that the Board not proceed in this manner; and since they have taken the lead, he would prefer to defer. Commissioner O'Brien inquired if it is necessary to reconsider the Board's previous motion; with Chairman Carlson responding no.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct the County Attorney to defer the request for an Attorney General's Opinion on the authority of the County to regulate payday loans until a judicial determination is made in the Seminole County case. Motion carried and ordered unanimously.

APPROVAL, RE: EXECUTIVE SESSION FOR EXEC, INC. D/B/A THE BOARDROOM, ET AL
V. BREVARD COUNTY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize advertising an executive session to discuss the Exec, Inc. d/b/a The Boardroom, et al v. Brevard County case on February 6, 2001 after the regular Board meeting. Motion carried and ordered unanimously.

ADMINISTRATIVE APPEAL, RE: JPM INVESTMENT GROUP, INC.

Annette Yardley stated approval of the appeal would not be conducive to the rest of the neighborhood or the parking problem; described her property with 100 feet of driveway that borders the Runway Bar; and advised of objectionable practices of patrons of the establishment including trespassing and harassment. She commented on hedges, removal of a wall, condition of fence between the properties, and Brazilian peppers that spread to her property. She stated the present owner has spent money fixing up the property on the inside, but the outside is a mess; and described the problems including trash on the ground, open Dumpster, and grease pump covered only by quarter-inch plywood. She stated the place has been closed down four times for Code violations; there was a shooting in the parking lot; and described parking deficiencies. She requested the Board deny the appeal.

Discussion ensued on questions of procedure; with County Attorney Scott Knox advising it is still a public hearing.

Robert Lyerly, Attorney with Amundsen, Moore & Torpy, representing JPM Investment Group, Incorporated, stated his client renews the objection to taking additional testimony on the facts and circumstances; the issue before the Board is the review of the Planning and Zoning Director's opinion as to the interpretation of the law; and they are not requesting a conditional use. He stated the only issue is whether Mr. Scott's opinion is correct; and renewed his objection to testimony because this is an appellate procedure based on review of the law.

Mr. Knox requested clarification of the name of the establishment; with Mr. Lyerly responding it is JPM Investment Group Incorporated d/b/a Runway Sports Restaurant and Cabaret.

David Spurlock stated the major issue is that the bar is located in a residential area; and described the area. He commented on problems with patrons including loud, obnoxious, lewd, and dangerous behavior, and motorcycle noise. He noted they are in unincorporated Brevard County; the response times to problems are slow; and any change to the bar will bring more customers, which would be contrary to the welfare of the community.

Commissioner Scarborough stated it may be advantageous to provide copies of paperwork to those persons who appeared at the first hearing; and inquired if that is something the County Attorney could do if the speaker cards were provided; with Mr. Knox responding it is possible if the Board wants to do that. Commissioner Scarborough stated a letter could go out to advise of the status of the procedure. Mr. Knox stated the proposal did go to the applicant in this case, but not to the speakers. Commissioner Scarborough stated that is good enough.

Discussion ensued on the correct name of the establishment. Mr. Lyerly stated he will provide documentation so the Board will have the legal language.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution denying the administrative appeal of JPM Investment Group, Inc. amended to change the name of the establishment to Runway Sports Restaurant and Cabaret. Motion carried and ordered unanimously.

RESOLUTION, RE: QUALIFYING WORLDTRAVEL PARTNERS AS AN ELIGIBLE
BUSINESS UNDER THE COUNTY'S TAX ABATEMENT PROGRAM AND AUTHORIZING
A PUBLIC HEARING FOR EXEMPTION ORDINANCE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution requesting analyses by the Property Appraiser and EDC on the application from WorldTravel Partners for tax abatement; and authorize advertising a public hearing to consider an ordinance exempting the Company from select County ad valorem taxes. Motion carried and ordered; Commissioner Higgs voted nay.

RESOLUTION, RE: QUALIFYING GE HARRIS ENERGY CONTROL SYSTEMS, LLC AS
AN ELIGIBLE BUSINESS UNDER THE COUNTY'S TAX ABATEMENT PROGRAM AND
AUTHORIZING A PUBLIC HEARING FOR EXEMPTION ORDINANCE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution requesting analyses by the Property Appraiser and EDC on the application from GE Harris Energy Control Systems, LLC for tax abatement; and authorize advertising a public hearing to consider an ordinance exempting the Company from select County ad valorem taxes.

Commissioner O'Brien stated the company is planning to hire an additional 85 employees averaging $60,000 annually per employee.

Motion carried and ordered; Commissioner Higgs voted nay.

RESOLUTION, RE: QUALIFYING STRATOS LIGHTWAVE, INC. AS AN ELIGIBLE
BUSINESS UNDER THE COUNTY'S TAX ABATEMENT PROGRAM AND AUTHORIZING
A PUBLIC HEARING FOR EXEMPTION ORDINANCE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution requesting analyses by the Property Appraiser and EDC on the application from Stratos Lightwave, Inc. for tax abatement; and authorize advertising a public hearing to consider an ordinance exempting the Company from select County ad valorem taxes. Motion carried and ordered; Commissioner Higgs voted nay.

County Manager Tom Jenkins stated he recently met with Clarence Rowe who raised several points; and that information has been forwarded to Don Lusk who is pursuing the issues in terms of coming up with a strategy to deal with the target areas of high unemployment, issues of unemployment and underemployment, and beginning wages. He stated Mr. Rowe has been invited to serve on one of the boards on wages.

Clarence Rowe stated he would still like to focus on job opportunities; he recently received some information in reference to the Wage Board, which encourages job opportunities for people; but those people are not getting those jobs. He stated the average salary is $6.25; the average full-time employment is extremely low while part-time is high; and he is not here to kill the goose that laid the golden egg, but he wants the Commissioners to focus on statistical information that he has provided pertaining to the pockets of unemployment. He stated it is important to look at that and to help those who are less fortunate; and he does not see that happening. He stated the figures he provided did not happen overnight; they are an accumulation over a number of years; and that means those areas have not been focused on. He stated that is his concern in creating a partnership; and he provided documentation on the issue to the Board.

Chairman Carlson stated staff will put some information together for the Board, and will try to attack the problem. She stated the Board understands where Mr. Rowe is coming from as far as the census tracts; and it is important to address that through the EDC or Workforce Development Board to find out how those areas can be impacted; but as far as discussion now, it would be more prudent to wait until the Board gets additional detail from staff.

Mr. Rowe stated he submitted a package to each Commissioner dealing with the Home Depot in Palm Bay, which spent $8 million, hired 135 people, contributed to the community, and did not get any tax abatement. He stated Home Depot has been instrumental in the community, has three locations; and along with other businesses, is paying through the nose.

Commissioner O'Brien stated the tax abatements the Board approves are not necessarily for commercial entities. Economic Development Director Greg Lugar stated the Statutes prohibit providing tax abatement to retail entities primarily serving the County, so they are not eligible under the program. Commissioner O'Brien stated that is why Home Depot did not apply for abatement.

PERMISSION TO ADVERTISE, RE: ORDINANCE REMOVING CONDITIONAL USE PERMIT
FOR ADDITIONAL BUILDING HEIGHT

Zoning Official Rick Enos stated in December, 2000, the Board directed staff to prepare an ordinance eliminating the conditional use permit for additional building height; and staff has prepared an ordinance doing that, but suggests the Board also consider a second option eliminating the conditional use permit only from the multi-family classifications, leaving it in the PUD zoning and certain commercial and industrial classifications, and providing additional conditions that would limit those only to urban areas, redevelopment areas, or circumstances where there are mixed residential and commercial uses. He stated that would leave an opportunity to consider height in those circumstances where it is considered to be appropriate.

Harry Bohmer spoke in favor of granting permission to advertise an ordinance removing Section 62-1902 of the Code; advised of the provisions of the Code relating to additional building height; and recommended the Ordinance which was adopted on August 3, 1999 be removed in its entirety. He advised of a request for CUP for additional height that will be brought to the Board on February 1, 2001; and commented on compatibility.

John Cominos advised he moved to Florida for the sunshine; he and his wife purchased a condominium in 1996 after being told no building higher than four stories would be built adjacent to them; and advised of proposed development of a 100-foot by 300-foot parcel adjacent to the building. He stated the Ordinance adopted on August 3, 1999 contains a loophole that allows four stories above the highest building within 1,000 feet; and his condominium is going to be in the shade once the adjacent building goes up. Commissioner O'Brien inquired if Mr. Cominos is in Indialantic or unincorporated Brevard County; and with Mr. Cominos responding unincorporated Brevard County.

Attorney Leonard Spielvogel, representing Sea Ray Boats, advised he is not involved in the situation that brought the prior two speakers before the Board; and he is puzzled by the Board's need to divest itself of authority. He stated his client has an application pending for additional stack height. which was recommended by the Florida Department of Environmental Protection to correct a problem. He stated if someone requests a CUP, the Board has the authority to decide whether or not the granting of the request would have an adverse impact on neighbors or be in the public interest; and to say that the Board will not have the authority to grant what may be a reasonable request is giving up a responsibility. He advised he does not know what precipitated the proposed change, which will not allow additional height to be granted under any circumstances; and commented on Sea Ray's request. He requested the Board give a lot of thought to the issue before adopting such requirements.

Attorney Richard Amari, representing Frank and Vivian Youles, Indian Cove Marina, Inc., Antonio and Grace Cataldo, and Town Realty, Inc., commented on the severity of the proposed action; and recommended before taking such action, the Board refer the item to staff for a report on the impacts of eliminating the additional height allowed by the conditional use permit and how it might affect matters such as property rights, future development, and urban sprawl. He expressed concern that the Board has not had any study as to the Comprehensive Plan and whether the proposed action is consistent with its provisions; and advised of his clients' project for the Merritt Island area. He stated the project will be located on the property surrounding Indian Cove Marina; the property has historically been slum and blighted to the degree that there is a significant level of crime in the area, and it has been slow to develop. He advised the Merritt Island Redevelopment Agency has goals and policies which are intended to eliminate slum and blight; the project they are proposing is exciting; and they hope to come before the Board with the project that will consolidate a large number of properties in the area, and eliminate much of the existing slum and blight. He stated the economic engine that will allow the project to go forward calls for residential condominiums that will require heights in excess of the allowable heights if the proposed ordinance is enacted; and commented on the Comprehensive Plan Policy dealing with redevelopment districts. He stated redevelopment districts require flexibility in zoning in order to provide the types of incentives to developers that are required to eliminate slum and blight conditions because traditional zoning regulations are not such that the areas will develop on their own. He stated if the Board adopts the proposed ordinance, it will cut the legs from underneath the proposed project; and urged the Board to consider having staff return with a report, or at least consider the second option provided by staff. He requested the Board allow exceptions in the redevelopment areas so that the flexibility the Comprehensive Plan intends will be allowed to work.

George Wilson advised of conditions in Broward County; and stated when he moved to Broward County the population was smaller than Brevard County's population now. He commented on the history of Brevard County, his house being replaced by a six-story condominium, prices being offered for private homes, and opening the floodgates to development. He told a story about a wise man, a wise guy, and a bird; and stated once things are built, the ocean view is gone forever.

Doug Robertson, Consulting Director of the Merritt Island Redevelopment Agency (MIRA), stated for at least a decade MIRA has been trying to encourage a project in the marina basin area, the same location Mr. Amari was referring to; there have been several tries, but none have been successful; and described the proposed project. He stated Comprehensive Plan Policy 7.4 indicates some flexibility should be given to redevelopment areas; and Merritt Island is the County's urban core area. He stated MIRA would like to see the concepts that would be offered, evaluate them, and make recommendations to the Board; but with the direction staff has been given, MIRA would not have that opportunity. He requested the redevelopment area be exempted from the proposed ordinance, or the second option suggested by staff be considered.

Commissioner Colon stated the Board looks at how appropriate certain things are, and there has to be a balance; the redevelopment areas are critical; and to be able to have flexibility is a positive thing. She stated the Board does not want to tie its hands; there were comments about not needing the Board if it kept taking itself from the process; but the Board is protecting the rights of the community. She stated the Board has echoed a lot of the concern about what the County has allowed to happen regarding the beaches; some of the things that have been happening are detrimental; and people are concerned about Brevard County becoming like Ft. Lauderdale. She stated the County is proud of its beaches; the Board is heading in the right direction; and there needs to be a balance. She stated Option 2 is more of a compromise in that it allows the redevelopment community to move forward and tightens the qualities. She stated the Board has to do what is right for the community; it needs to have teamwork; and commented on the discussion at the town meeting. She stated the changes are protecting the quality of life, while having a balance between the businesses and communities; and Option 2 is a nice compromise.

Commissioner O'Brien stated Policy 7.4 in the Comprehensive Plan states that redevelopment agencies shall receive special attention and special flexibility; in order to serve the public interest in areas of slum and blight, the Board must look at redevelopment areas differently; and additional building height in urban areas could possibly be justified. He stated he would support Option 2, but it excludes PUD, redevelopment areas, and commercial and industrial zoning; the community has already spent quite a bit of effort, time, and money in redevelopment areas; the proposed project is in an area that is an embarrassment to the County; and if that area can be redeveloped in this manner, it is important that the project be accomplished.

Commissioner Higgs stated the Board is considering the CUP in all areas because attorneys have done such a good job in taking the County to court; there are a couple of options; and she is willing to consider Option 2. She stated she is not sure she can fully support going into redevelopment areas and all PUD's; there may be some criteria the Board could set in terms of permitted with conditions under industrial and even in PUD's, but unfortunately, what the Board has found is an erosion in the Board's ability to set the criteria when it looks at conditional use permits. She stated the legal community has forced the Board into a situation of not being able to use a conditional use permit as it could be used; the Courts have said the Board does not have that flexibility to not grant; and that is why the Board is dealing with this issue. She stated she is willing to look at some options, but is not sure how far she is willing to go. She suggested getting an ordinance drafted to look at permitted with conditions in some areas.

Commissioner Scarborough stated the Board probably needs to take Option 2; but it is more complex than has been discussed so far. He stated industrial is of particular concern to him because it could involve stack heights; and if there are adjoining properties, there is a compatibility issue. He stated he would not be opposed to exempting Merritt Island; but he has a fundamental concern with saying Merritt Island is a slum and blight area. Commissioner O'Brien stated that is not what they are saying. Commissioner Scarborough stated it has to be a slum and blighted area to have it classified as a redevelopment area; it is a prerequisite under the Statute; however, the places where unemployment and needs are greatest are the residential areas. He stated the proposed project on Merritt Island happens to be in a place that would also hit the criteria of being slum and blighted in the more realistic sense as opposed to the legal definition; the Board continues to state that Merritt Island as a whole is a slum and blighted area for the purpose of continuing the special tax increment methodology, which is sort of a lie; and the Board needs to be honest with it if it is going to use slum and blighted in its discussion.

Commissioner Scarborough stated most of the slum and blighted areas are residential areas with a need to upgrade single-family homes; and he does not want to use slum and blighted as a criteria. He stated the Board needs to somehow define industrial in a way that does not impact the adjoining properties; and commented on looking at Merritt Island separately, whether additional building height not only allows the person to make money on the project, but accrues to property values of those living nearby, and adding criteria that it must be demonstrated through testimony that adjoining property values are increased. He stated considering the slum and blighted issues, he could probably look at Option 2.

Commissioner O'Brien stated when MIRA was first created, SR 520 was a two or four-lane road; a lot of it was slum and blight; and some is still visible in the older stores along there, but there has been great progress. He described the area being proposed for development; stated the hotel that is behind the 7-Eleven is crime ridden; there is a trailer park with trailers from the 1940's; and the entire area is old, rundown, and blighted. He stated the whole area of the Merritt Island Redevelopment Agency is not slum and blight any longer, but at one time it was. Commissioner Scarborough cautioned Commissioner O'Brien to be careful because if the area is not slum and blight, then the Board can no longer have the tax increment that is aiding Merritt Island; and it would go back to the General Revenue so everyone can share in the increment. Commissioner O'Brien stated he is being careful; he favors Option 2; and what brought this issue up was construction of a condominium along the beaches. He stated the public does not want to see the Ft. Lauderdale-Miami concept of blocking the view to the ocean along A1A with higher condominiums; the public wants to be able to see the sun rise over the top of the houses and get breeze from the top of the buildings; and that is why he brought this up in the first place.

Motion by Commissioner O'Brien, to approve Option 2, with the caveat that says, "except in PUD, redevelopment areas, commercial and industrial zoning.

Commissioner Scarborough stated he cannot support that; it is too broad; and it is not where the Board wants to go. Commissioner O'Brien stated when it comes back to the Board, it can tighten it. Commissioner Scarborough stated the Board should advertise tightly and then loosen it; with Mr. Knox advising the Board should advertise loosely, then tighten up. Commissioner Scarborough inquired if Mr. Knox is saying it could come back without advertising and the Board could enact something; with Chairman Carlson advising it can if it advertises broadly. Commissioner Scarborough stated if the Board excluded PUD's, and then added them back in, that would not be legitimate, and the Board would have to readvertise; but he sees no reason to include PUD's. Commissioner Higgs stated she is concerned about the exclusion of PUD's and industrial; and suggested the Board see a draft ordinance before advertising.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to return with a draft ordinance with conditions.

Chairman Carlson inquired if the idea is for staff to come back with some options in terms of what CUP's the Board might retain in regard to PUD's, commercial, industrial, and redevelopment areas; with Commissioner Higgs responding she is willing to entertain that with some conditions. Commissioner Scarborough stated having the ordinance in draft form will give the Board the opportunity to tweak it.

Discussion ensued on when the draft would come back to the Board; and consensus was reached to have it return in 30 days.

Mr. Enos stated if the Board would like, he can develop and advertise an ordinance to eliminate the CUP from residential; with Commissioner Scarborough responding he would prefer to do it all at once.

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

County Manager Tom Jenkins advised if staff completes the draft any sooner, it will be brought to the Board sooner.

RESOLUTION, RE: IDENTIFYING GE HARRIS ENERGY CONTROLS AS A QUALIFIED
TARGETED INDUSTRY BUSINESS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution requesting GE Harris Energy Controls be approved as a Qualified Targeted Industry business under the State's Qualified Targeted Industry Tax Refund Program, and local financial support be waived and matched through the County's Tax Abatement Program. Motion carried and ordered unanimously.

GRANT SUPPLEMENTAL AUTHORITY TO INDEPENDENT COUNSEL TO FILE SUIT, RE:
INSURANCE CLAIMS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize Walters, Levine, Brown, Klingensmith & Thompson, P.A. to file suits, if necessary, against AIG and/or Palmer & Cay regarding reimbursement for insurance claims. Motion carried and ordered unanimously.

DISCUSSION, RE: REQUEST BY FLORIDA DEPARTMENT OF TRANSPORTATION TO
RELOCATE TWO BILLBOARDS ON U.S. 1

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to reject the request from the Department of Transportation to relocate two billboards for its road widening project along U.S. 1, from Post Road north to Pineda Causeway.

Chairman Carlson inquired on what grounds can the Board deny; with County Attorney Scott Knox advising there is an Ordinance that would prohibit them from rebuilding the signs; and the Board is enforcing the Ordinance. He stated the Board has the option to allow FDOT to rebuild; and if it forces FDOT to take the sign down and leave them down, FDOT will sue the County for the value of the signs.

Commissioner O'Brien stated it is an opportunity to have compliance with the Ordinance; and the effect is to eliminate two more billboards in the County.

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

RESOLUTION, RE: AUTHORIZING GRANT AGREEMENT WITH FLORIDA DEPARTMENT
OF TRANSPORTATION FOR HIGHWAY BEAUTIFICATION GRANT

County Manager Tom Jenkins stated the Board received this item in the package, but it was omitted from the Agenda.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution authorizing the Chairman of the Board of County Commissioners to enter into a Highway Beautification Grant Agreement and Landscape Construction and Maintenance Memorandum of Agreement with Florida Department of Transportation for a grant to provide flowers and plants along the Scenic Highway in Brevard County, with the Marine Resources Council providing maintenance.

Jim Egan, Executive Director of the Marine Resources Council, distributed paperwork to the Commissioners; stated they are doing shoreline restoration; they want to use FDOT dollars to beautify the scenic highway; and they are using the shoreline restoration money as a match to get the beautification funds. He commented on opening up the view of the Lagoon, removing the invasive species, and using native species for higher points on the grant and lower maintenance.

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

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 11:51 a.m.

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

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SCOTT ELLIS, CLERK

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