September 12, 2001

The Board of County Commissioners of Brevard County, Florida, met in special session on September 12, 2001, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Susan Carlson, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend Billy White, Shiloh Christian Center, Melbourne, Florida.

Commissioner Scarborough led the assembly in the Pledge of Allegiance.

REPORT, RE: TERRORIST ATTACKS ON WORLD TRADE CENTER AND PENTAGON

Commissioner Colon expressed appreciation for the telephone calls she has received; stated the tragic event that took place was personal to her as she had just been at the World Trade Center last weekend; the nation is shocked and dismayed by what has happened, which appears to be a terrorist attack on the United States; and the incidents that occurred at the World Trade Center in New York, The Pentagon, and Washington, D.C. are tragedies unlike anything experienced in recent history. She noted during this time of tremendous loss and grief, she was praying for all the victims and families that have been affected by this horrific event; prior to moving to Brevard County, she worked in the 102nd floor of the World Trade Center in Manhattan and worked in New York City for over six years; she was employed by Teleray Systems and Digital Equipment; and Digital Equipment had a reunion this past weekend. Commissioner Colon stated some of the individuals had not seen each other for about 10 years; on Saturday, they had a wonderful reunion, not knowing it was going to be the last time she was going to see some of her friends; they laughed and had a good time, and talked about their faith and wonderful things; and it was a beautiful experience that she will never forget. She stated other members of the reunion were scheduled to depart from the New York area; she was extremely concerned for their safety because on Tuesday, one of her friends was scheduled to leave out of Newark Airport to San Francisco; and things were hitting her one after another and the news was getting worse by the second. Commissioner Colon stated she thanks the Board for excusing her yesterday because she had to go to her office; the phone calls were coming in; she was praying not only for those that she knew personally, but for all the people who were impacted by this terrible event; and called for everyone, particularly the men and women of faith, to seek a strength beyond their personal faith so that their hearts do not become vessels of personal hatred. She noted the people who are responsible for this terrorist attack must take the utmost punishment that they deserve for killing her friends and thousands of people in the nation; there needs to be justice for the right people; Brevard County has a lot of people from the Middle East who are innocent; and just because they dress differently and have a different religion does not mean that they should be persecuted. Commissioner Colon stated the intent of these acts is to stir up hatred within America, but the people must ask God to give them the

REPORT, RE: TERRORIST ATTACKS ON WORLD TRADE CENTER AND PENTAGON

strength to turn to love for their fellow man and sympathy for those who have lost their lives; those individuals responsible for these events must be held fully accountable for their cowardly actions; and now, more than ever, everyone must be vigilant in protecting the American way of life for all our citizens. She noted the only way she was able to find refuge was in her Bible; when people say you have to separate church and state, she says they are wrong because that is what America is about; and read Isaiah 40:10, as follows: "So do not fear for I am with you; do not be dismayed for I am your God. I will strengthen you and help you; I will uphold you with my righteous right hand. All who rage against you will surely be ashamed and disgraced; those who oppose you will be as nothing and perish. Though you search for your enemies, you will not find them; those who wage war against you will be as nothing at all. For I am the Lord, your God, who takes the hold of your right hand and says to you, 'Do not fear, I will help you'." Commissioner Colon stated the people are going to be okay, because it is written in the Bible that we are the people of God; the only way she was able to express her feelings was by making a sign that reads, "God Bless America", holding her American flag, and going out on the corner of Palm Bay Road; and the event has made the community stronger.

Commissioner Scarborough expressed appreciation to Chairman Carlson for the letters she sent to the Mayors of New York, Washington, D.C., and the counties around Virginia who are suffering in the loss.

REPORT, RE: COMMUNICATIONS DURING EVACUATIONS OF KENNEDY SPACE
CENTER

Commissioner O'Brien stated Kennedy Space Center did not communicate with the County's Emergency Management personnel during evacuation of Kennedy Space Center (KSC); people complained about the Barge Canal Bridge being up, which stopped thousands of vehicles; and other bridges around Titusville should not be allowed to open if KSC is being evacuated. He requested Emergency Management coordinate with KSC; stated somebody has to be able to call the bridge tenders to tell them not to raise the bridges and let the vehicles through; the County may need an emergency policy to allow the Sheriff's Office to contact the bridge tenders immediately to tell them not to raise the bridges; and if there is a hurricane or tornado, the people would be stuck on the roads for miles.

Chief Deputy Bob Sarver, representing the Sheriff's Office, stated generally Emergency Management and KSC cooperate very well; yesterday's events unfolded so quickly and information was being received from all different sources at such an amazing rate that he does not think, based on the information he received, that there was time to react in a way that did not cause a lot of confusion. He stated under normal circumstances, KSC has very good cooperation with Emergency Management and the Sheriff's Office; and yesterday was very much the exception to the rule.

Commissioner O'Brien noted something needs to be done; with Chairman Carlson responding Commissioner O'Brien's point is taken.

RESOLUTION, RE: CONDEMNING TERRORIST ATTACKS OF SEPTEMBER 11, 2001

Chairman Carlson read aloud a resolution condemning the terrorist attacks of September 11, 2001; stated the resolution is being provided to all communities across Florida; and many other counties are going to be doing the same resolution.

Chairman Carlson passed the gavel to Vice Chairman Scarborough.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Resolution condemning the terrorist attacks at the World Trade Center and Pentagon, supporting the President of the United States as he works with his international security team to defend against additional attacks and find the perpetrators to bring them to justice; and recommending all citizens support relief efforts by giving blood. Motion carried and ordered unanimously.

Vice Chairman Scarborough passed the gavel to Chairman Carlson.

REPORT, RE: OBJECTIONS TO SATELLITE BEACH'S COMPREHENSIVE PLAN
AMENDMENT

Chairman Carlson stated Bruce Cooper, with the City of Satellite Beach, was at the Board meeting yesterday for Item VI.A.7. to tell the Board that the proposed action does not increase density on the Barrier Island; and if the Board chooses to object, it needs to look at the new information that has come down from Mr. Scott.

Bruce Cooper, Planning Director/Building Official for City of Satellite Beach, stated yesterday was very hectic and the Board went through the agenda quickly; south housing for Patrick Air Force Base (PAFB) is going under privatization; it has been a two-year process; and the City of Satellite Beach and the City Council have been very proactive in trying to have this to be annexed by the City. He noted the City has worked with PAFB and its consultants to give the information to the potential developer, who is yet to be known; the Request for Proposal (RFP) is supposed to come out the end of this month, and it is a six-month process before a developer is selected; the density issue may be a moot point anyway; and in talking to most of the developers, they probably will not look at the increase in density being proposed. Mr. Cooper stated originally the City had proposed a low density that is in its Comprehensive Plan of up to six units per acre; it has since changed it to five units per acre; staff's memorandum outlines the City's analysis regarding changes in its Future Land Use Map; the areas in yellow are the high density areas along the beaches of 15 units per acre; and that area under the proposal is to change to 11 units per acre and change Lansing Island from four units to one unit per acre. He noted the green areas shown on the map are the additional acreage that the City has bought through a grant; and the eight acres north of Hightower Park, which are in the County and will be annexed to the City by Special Act effective January 1, 2002, represent 240 units under the previous Comprehensive Plan of 30 units per acre. Mr. Cooper stated in looking at the changes in the Future Land Use Maps, disregarding the conservation areas the City has recently

REPORT, RE: OBJECTIONS TO SATELLITE BEACH'S COMPREHENSIVE PLAN
AMENDMENT

purchased, it would have 425 units taken off potentially; staff's concern is that it is future and not necessarily the existing development; under the P-2000 and additional acreage the City has purchased, it represents 490 units that have been taken off, in addition to what the City if proposing; the City is concerned with increase in densities; and the Comprehensive Planning Advisory Board for the City is still looking at reducing further densities in the City.

Chairman Carlson stated the information the Board had was that the City was requesting 366 units in additional density; but because the Board did not have all the information, there are actually 490 units that have been taken away from the existing density, therefore, qualifying the 366 units. Mr. Cooper stated the City is requesting the Board consider the 366 units.

Planning and Zoning Director Mel Scott stated when staff was formulating the draft objection, it was relying on the information that was included in the City's amendment package, which were the yellow and blue areas; staff had raised the concern that simply reducing densities to match existing development may not necessarily justify the introduction of 366 additional units on PAFB; however, the green areas that Mr. Cooper reviewed are areas that are vacant, have been taken out of the development mix, and in adding them up, represent more than 366 units being removed from the mix. He noted in light of the new information it is up for the Board to discuss.

Commissioner Higgs stated if the Board was to go ahead with the letter it passed yesterday and have time to review information that the City has provided, staff could put the item on the next regular meeting agenda. She inquired could the Board withdraw its objection; with Mr. Scott responded affirmatively.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to direct the Planning and Zoning Director to provide a report encompassing all the aspects of the item, and schedule it on the next regular meeting Agenda on October 2, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PRESENTATION OF TENTATIVE FY 2001-2002 BUDGET

Assistant County Manager Stockton Whitten stated the tentative FY 2001-2002 budget has been developed during three workshops conducted by the Board during the month of July, 2001; some important factors affecting the tentative annual operating budget include the following: a number of built-in increases resulting from rising health care costs, insurance cost increases, inflationary across-the-board cost increases exceeding growth and new revenues available in the budget, and the millage/revenue increases resulting from the voter-approved parks referendum in 2000, which is reflected in operating and capital costs; approximately $16 million in service improvement requests were narrowed down to approximately $2.5 million in identified priorities; and there has been a thorough review of user and development fees to lessen impact on property taxes. He noted the following is a summary of major service enhancements to improve the quality of life in the community, which are included in the budget: the projected annual cost for a single-family resident with an assessed value of $85,000 and a $25,000 homestead exemption is provided for each category; under safer communities,

PUBLIC HEARING, RE: PRESENTATION OF TENTATIVE FY 2001-2002 BUDGET

which would have an annual impact on the household referenced above, $13.25 provides for 16 additional Sheriff patrol deputies, two Sheriff domestic violence investigator deputies, five additional courtroom deputies to support two new judges, and a general master hearing officer; and five additional Sheriff correction officers have been funded in response to a 1,200-inmate population at the jail initially designed to house 692 inmates. Mr. Whitten stated local matching dollars for State grants have been funded to add the following: eight additional deputies assigned to schools as resource officers to provide safer schools, a new auto-tech investigator deputy, a technician to investigate vehicle thefts in the County, two crime victims advocates, Sheriff's prisoner transport staff to pick up prisoners at local police departments to keep police officers in their communities and not transporting prisoners to jail, and two additional Animal Services and Enforcement officers to improve response to request for services. He noted under the category of protecting the environment, which adds an annual cost of 21 cents per household, Mosquito Control Department includes the purchase of an additional helicopter for aerial spraying of mosquitoes; funding of six additional spray trucks were added in the current fiscal year; under Office of Natural Resources Management, two additional Environmental Services Specialists to implement environmental policies and goals of the Comprehensive Plan, reduce current backlog, and complete existing commitments are included; under Parks and Recreation Department, with a cost of approximately $1.51 per household annually, the FY 2000 voter-approved referendum for new construction and maintenance in Merritt Island and South Brevard is included; and there is $2.2 million in additional funding to insure County park facilities are adequately maintained. Mr. Whitten stated under Library Services, with a cost of approximately five cents annually per household, $803,000 in additional funding has been provided for the following services: opening a new library in Melbourne Beach, adding computers and libraries, adding staff at Suntree/Viera Library, adding additional books for Port St. John Library, opening the South Mainland Library on Saturdays and Suntree/Viera Library on Mondays, and equalizing funding to the Merritt Island Library. He noted under the category of justice, with a cost of approximately 91 cents annually per household, the cost to operate the State's court system has increased to $22 million annually, with an increase of $2 million in the FY 2001-2002 budget; under the category of helping children and families, with an approximate cost of 12 cents annual per household, two additional counselor positions are included to assist citizens facing family financial crises and help them become financially self-sufficient; and under the category of investing in technology, with an estimated annual cost of 41 cents per household, additional funding has been provided to acquire a backup system to avoid shutting down the workings of County government because of computer service interruptions, to update computer wiring in Viera, Titusville, and Melbourne, to obtain faster service at County Courthouses and offices, and to include a Central Depository for storing computer data to provide backup storage of critical records in a cost-effective manner.

County Manager Tom Jenkins clarified it is four new domestic violence investigators in the Sheriff's Office; and the County had to reduce the crime victim advocates by two from four because the grant was reduced.

PUBLIC HEARING, RE: TENTATIVE AGGREGATE MILLAGE RATE FOR FY 2001-2002

Chairman Carlson called for the public hearing to consider the tentative aggregate millage rate for FY 2001-2002.

Budget Manager Dennis Rogero advised the FY 2001-2002 aggregate rolled back rate is 6.6277 mills; and the FY 2001-2002 aggregate tentative rate is 7.1995 mills, which represents a 4.61% increase over the FY 2000-2001 aggregate rate and a 8.63% increase over the FY 2001-2002 aggregate rolled back rate.

There were no comments or objections heard.

PUBLIC COMMENTS, RE: TENTATIVE COUNTY BUDGET FOR FY 2001-2002

Chairman Carlson called for the public hearing to consider the tentative County Budget for FY 2001-2002.

Arthur Hachtel stated the Board cannot do anything about him getting older, but it can do something about him getting poorer; and requested the Board stop taking money out of his pocket. He noted if the County has any money left at the end of the year, it needs to be given back to the people; he is getting taxed to death; his social security check is decreasing; people are getting poorer every day; and it is the Board's fault.

Commissioner Scarborough stated last year the Board took special action to provide additional homestead exemptions for those people who are elderly and have insufficient resources to pay their taxes; and it has acted affirmatively.

Bea Polk stated many people are getting laid off and businesses are not giving pay increases that the County is giving; she has nothing against giving raises, but in December, 2000, every employee she saw on the campaign trail received over $5,000 at the end of the year; the taxes are increasing; and the Assistant to the Property Appraiser, with a high school education, makes $104,455. She provided salary figures for assistants to Property Appraisers in other counties within the State of Florida that are less than Brevard County's Assistant to the Property Appraiser; and inquired why are the taxpayers paying somebody with no degree this salary amount. She stated there are other employees in the Property Appraiser's Office making $88,000, $76,000, $72,000, $67,000, and $65,000 annually; these are big salaries for a small office of 113 employees; now the Board is giving the Property Appraiser an increase; there are few properties in Brevard County that have been checked to see what they are worth; but property taxes keep increasing. Ms. Polk requested there be accountability of the Property Appraiser's budget; stated the Board needs to stand and fight for the taxpayers; and it is a disgrace to raise taxes in Brevard County to pay these kinds of salaries in one year.

Commissioner Scarborough stated the Board had extensive discussions on the Property Appraiser's budget and inquired with the State; the Property Appraiser is an independent Constitutional Officer; and as the State law is currently structured, certain things occur the way they do.

Chief Deputy Bob Sarver expressed appreciation to the Board and its staff for all of their efforts, on behalf of the Sheriff.

Charles Crawford, representing the Sheriff's Office, requested the Board reconsider one of the items asked for in the Sheriff's budget; stated the radio consoles are necessary; the items are 10 years old; the Sheriff's Office is the only agency in Brevard County on the 800 megahertz system that utilizes the consoles; and other agencies have upgraded. He stated there are many things the Sheriff's Office cannot do to upgrade the system due to the consoles; it forces the situation where other users are not getting the full benefit of the system as well; the consoles will no longer be covered by maintenance service contract as of October 1, 2001; and the service provider cannot guarantee the Sheriff's Office that they can repair the consoles if they go down.

Commissioner Scarborough stated the TRIM notices have been mailed; the Board has gone through extensive discussions with the Sheriff on various issues; at this juncture, if the Sheriff wants to re-prioritize and have the radio consoles funded in lieu of something else, the Board would be more than willing to do whatever the Sheriff wants; but with the TRIM notices already being sent, it is impossible to envision how the Board can accomplish the task.

Commissioner Higgs stated the Board needs to look in the coming year at the dispatch system and the consoles, not only those that the Sheriff uses, but those that are used in the Fire Rescue area and throughout the cities; all the agencies in Brevard County that use 911 and the dispatch service need to get together; they can come up with a more effective system and a cost-effective way of operating; but she does not see how the Board can do it in this budget. She noted she hopes the Sheriff's Office will work with the County and cities so that dispatch can do a better job for everybody. Mr. Crawford stated the Sheriff's Office has discussed the issue with the cities and fire departments; and it is open to discussing the issue further.

Deborah Barker, Finance Director for the Sheriff, expressed appreciation to the Board for the proactive efforts it has made for law enforcement services for the benefit of the citizens of Brevard County; and thanked the County Budget staff, which has been professional to deal with. She noted the Sheriff's Office is excited about some of the things that have been afforded to the Sheriff this year and the services it can provide, including additional road patrols and some of the grant opportunities it has brought forward to the Board; the Board has shown the insight to provide grant matches; and the Sheriff's Office is looking forward to what it can do this next year for Brevard County. She stated she sent correspondence to the Board in August, 2001 on a couple of items she had planned to comment on tonight; one of the grant match positions was a domestic violence victims' advocate grant that the Sheriff's Office had applied for; it had applied for four positions; and the County matched grant funding for such positions. Ms. Barker stated after the preliminary budget hearings, the Sheriff's Office found out it had only received two of the positions from the federal level, which left available dollars; she had asked the Board via her correspondence if it would consider in the budget hearings taking the match monies that were available in those positions and turning them into the salary cost for a third victims' advocate to complement the four sworn domestic violence agents; and the victim advocates must strongly work with the sworn positions to make that the strongest program possible. She stated the other issue is the dispatch telecommunicators, which was discussed earlier in the budget sessions; there was a request by the Sheriff's Office to fund six telecommunicator positions that have been funded through contract service fees from the municipalities; the Board declined to accept those expenses; however, there were some new revenues built in from the Sheriff's Office to the County General Fund; and while those expenses have not been accepted, the revenues have. Ms. Barker noted she has made the information available to the Budget Office; she was advised she needed to bring the situation to the Board's attention; even though the expenses have not been approved, the Budget Office has accepted $57,300 of new dispatch service monies in the Law Enforcement Program charges for services; and if the Board has not accepted the expenses, it cannot take such revenues. She stated concerning the issues with Communications, there are some high dollar issues that are critical; they would be the 800 megahertz radios and Communications consoles; they were not funded; the Sheriff's Office understands there are limited resources for all the priorities the County has; and Mr. Crawford was emphasizing the criticality of the Communications situation. Ms. Barker noted if there are any available dollars perhaps it would be something the Board would consider; the Sheriff's Office discussed the vehicle situation earlier; this is the second year it has not received any dollars for vehicle replacement; it is going to be a fundamental significant issue in the coming years; and at some point the integrity of the fleet is going to be compromised because it is not being replaced.

Nelly Strickland stated she does not mind fair salaries for fair work; she recognizes serious workers, but does not like loafers who make big bucks; Lance Larsen, the Property Appraiser's Assistant, is not her favorite man; and he makes a lot of money, but spends half of his time outside smoking cigarettes. She noted the Board needs to keep this in mind when it hands out the big budgets; and it helps if the Sheriff deputies go to Playalinda Beach every now and then to patrol the beach and haul the nudists in as it scares them for awhile. She stated she is getting older and poorer; inquired is there a State law that says she has to give her Social Security number to the Property Appraiser; and requested the County Attorney provide the information to her.

Commissioner Scarborough stated what Ms. Strickland is referring to is the requirement of information regarding the additional homestead exemption for certain elderly persons; the Property Appraiser requires certain information; the County needs to find out what is required by the State, as well as the Property Appraiser; and he would like a copy of the memorandum as well since his office receives inquiries from individuals.

Commissioner Colon requested staff explain the difference between a Charter Officer and how the Board comes into play in regard to jurisdiction, including salaries.

County Attorney Scott Knox responded the Charter Officer, according to the terms of the Charter, has all the rights, privileges, and immunities of the constitutional officers holding the same position under State law; the Property Appraiser, even though he is a Charter Officer, still has all the powers, duties, and responsibilities as set forth in State law; under State law, the Property Appraiser's salary is set by a formula set out in Florida Statutes; and his budget is set up by the State in the sense that it approves it. He noted the County has a right to appeal such budget, but sometimes it is not successful and depends on how much money is involved in that particular appeal; and once the Property Appraiser has the money in his budget he has a right to do what he wants with it because he is an independent Charter Officer.

Chairman Carlson inquired if a request for increased dollars is provided to the Board and it does not give it to the Property Appraiser, what is the recourse; with Attorney Knox responding Mr. Ford has the right to appeal it to the Department of Revenue (DOR).

County Manager Tom Jenkins stated the Property Appraiser's budget is approved by the DOR; and the Board has to appeal it. He noted the Property Appraiser is an independently elected officer, serves a four-year term, and stands for election every four years.

Ronald Sparks, representing Port Canaveral Tenants Association, stated is present to discuss the Resolution that was adopted at the August 14, 2001 Board meeting concerning the MSTU charges on Port property; the Board voted to discontinue the Fire Control MSTU and Law Enforcement MSTU; and read a memorandum addressed to the County Manager from Scott Ellis, Clerk of Courts, dated August 15, 2001, as follows: "Discontinuation of Law Enforcement and Fire Rescue Taxes at Port Canaveral. The Board of County Commissioners, in regular session on August 14, 2001, authorized staff to amend the Ordinances providing for Law Enforcement MSTU and Fire Rescue Special District ad valorem taxes to exempt the property owned by the Canaveral Port Authority on the basis it has a Contract with the Sheriff's Office to provide law enforcement services and a Purchase of Services Agreement with the City of Cape Canaveral Volunteer Fire Department to provide fire rescue services. Your continued cooperation is always appreciated. Sincerely, Scott Ellis." Mr. Sparks inquired in what tax year does the Resolution take effect and what is the procedure with respect to public hearings that may be necessary in order to put it in effect; stated he inquired with Tax Collector Rod Northcutt as to what his intention is with respect to trying to collect taxes on the MSTU's for tax year 2001; and Mr. Northcutt indicated in a written response that he will collect the taxes that the Board directs; and in speaking to Mr. Whitten, the Board's intent was that the Resolution would take effect in 2001. He stated there seems to be a lack of clarity on the part of various parties as to what, if any, legal process governs when the Resolution takes effect; and he would like to understand it better.

Attorney Knox advised the Board authorized changing of the boundaries of the Unit to exclude Port Canaveral jurisdiction; it has to do it by ordinance and such ordinance could not be enacted until after July 1, 2001; and if the Board does it, it would have to be done between now and July 1, 2002 and would take effect in 2002. He stated staff has to draft an ordinance to come back to the Board for permission to advertise for a public hearing. Mr. Sparks inquired does Attorney Knox perceive it will be possible to have the ordinance drafted so that the Board can consider it in time for tax year 2002; with Attorney Knox responding it will be before July 1, 2002. Mr. Sparks requested the County Attorney send him a letter to that effect and a copy to William Bancroft, Deputy Executive Director of Canaveral Port Authority. Mr. Sparks stated the Association supports the ordinance, but is not clear as to how it is going to be implemented.

Clerk of Courts Scott Ellis stated it is his Office's position that the County's tax increase is in violation of the cap-it Charter amendment; his Office has been trying to work through this issue with the Budget Office since the end of July, 2001; one of the problems has been, as explained in his letter, the inclusion of cash carry forward as a revenue in the cap-it calculation; and a second problem has been the inclusion of some MSTU's and the exclusion of others. He noted if the voted MSTU's are to be included, they should all be included; his Office cannot get the same numbers two days in a row; it received numbers today that are not the same as it received on Thursday; and his interpretation of the cap-it calculation, regardless of how the differences show, is the County would perform its cap-it calculation prior to setting tentative millage. Mr. Ellis stated his Office has asked for that calculation and finally received it on September 7, 2001; today it received a different calculation and a different set of numbers; he has concerns over how this is done; and when his Office initially did the cap-it calculation, it based it on historical calculations going back to the Legislative action on the 10% which was applied to roll back plus new construction. He noted with that calculation, his Office estimated approximately a $5 million difference between what the County could raise and what it did raise; however, now the wild card has been included with the cash carry forward; it is not a revenue; if the County is going to count it as a revenue, it is opening itself up to some dangerous years in the future because this year's budget is generated by a $11 million decrease in cash carry forward; and the original numbers given to the Clerk's Office on Thursday showed a $26 million cash carry forward as a revenue. Mr. Ellis noted the numbers provided to him today show a $24 million cash carry forward as revenue; the number is going to decrease, projected to $15 million; if cash carry forward is a revenue and the Board chooses to count it, and it is legal, if cash carry forward increases, the Board is in a position of showing increasing revenues under cap-it which means it has to adjust it with a tax cut; and he does not know how the County can count cash carry forward as a revenue and how it can include certain MSTU's in its calculation and not include others.

Chairman Carlson inquired if Attorney Knox has rendered an opinion; with Attorney Knox responding he has sent two or three opinions to the Board. Mr. Knox advised cap-it provides that the Board can only add 3% to the total revenues generated last year; it does not define what total revenues are or what an operating fund is; given the broad parameters of what is in cap-it, assuming it is Constitutional, which at least one court and the Attorney General say it is not, it is left to the interpretation of the Board at this point; and there is an accounting principle to that effect, the Governmental Accounting Standard Series published by the Governmental Accounting Standards Board. Chairman Carlson inquired does Attorney Knox believe there are any legal problems with his interpretation of cap-it; with Attorney Knox responding he feels it is completely defensible.

Finance Director Stephen Burdett stated he is not here to argue Attorney Knox's legal interpretation, but based on what he has seen in Chapter 129, Florida Statutes, which dictates the budget process, it says, "The budget shall be balanced, including balances brought forward and shall equal the total appropriations and reserves. The budget shall conform to the uniform classification of accounts." Mr. Burdett stated the classification of accounts is set by the State Comptroller's Office for local government agencies; he has reviewed it and there is no revenue in there for cash forward; the State Comptroller defines revenues as an increase in fund net assets, except those arising from interfund reimbursement, interfund operating, and residual equity transfers or long-term debt issues; and carrying money from this year to next year is not an increase in net assets and is simply using funds that were not used this year. Mr. Burdett stated under that definition, the Clerk's Office does not see how the County Attorney or Budget Office can define cash forward as a revenue source.

Chairman Carlson inquired is the County doing what is consistent with other counties. Budget Manager Dennis Rogero responded the counties that staff looked at were consistent in that they are allocating balance forward carried from the previous year to expenditures in the next fiscal year, and defining it as a revenue. Mr. Burdett stated he would be interested in seeing that information. Mr. Ellis inquired why County staff did not provide his Office with that information in the past two months if that was the case. Assistant County Manager Stockton Whitten stated on Friday he provided the Board a memorandum showing a number of counties and how they utilize carry forward as revenues; those counties include Volusia, Seminole, Osceola, and Orange; Orange County defines in its revenue categories, as follows: "Revenues in this section have been categorized according to the Uniform Accounting System Structure by the State of Florida. Categories include funds collected but not expended from the previous year. This balance carries forward to support current year activities."

Chief Deputy Clerk Jim Giles stated in each of those Counties, by calling it a revenue source, they mean it is a resource that can be spent; that is different than an accounting definition of revenue; he does not understand Attorney's Knox's reference to the Financial Accounting Standards Board because most accountants know what revenue is; and on one's tax return, one does not report the bank balance and report the income.

Chairman Carlson inquired are the other counties' interpretations the same as Brevard County's interpretation concerning how the dollars are flowing. Mr. Whitten responded yes, as the dollars are allocated to expenses; and he provided in the memorandum screen shots of the County's financial systems where it recognizes cash forward as revenue source.

Commissioner Colon inquired what would change drastically with the budget if the Board did some of the recommendations by the Clerk's Office. Mr. Whitten responded he is not sure that he is following the Clerk's recommendations; if the Board were to remove $5 million from the budget, it would have an unbalanced budget; he cannot say how the Board would prioritize the cutting of $5 million from its budget; and it is a balanced budget as of this date and includes the collection and recognizing of those revenues as the interpretation of cap-it allows.

Commissioner O'Brien stated the budget is balanced because the Board is raising taxes; if it did not raise taxes it would not be balanced; people in Brevard County went to the voting polls, had a referendum on cap-it, and voted for it because they do not want their taxes raised beyond 3%; and if it needs to be defined, it is the Board's job to define what is undefined under cap-it. He noted Mr. Ellis has brought interesting questions to the Board; and he does not have the answers for them tonight as he does not fully comprehend the depth of the bookkeeping methodology. Chairman Carlson stated she agrees a lot of interesting questions have come up, but the County Attorney has rendered an opinion; such opinion is what the Board is listening to right now; what Mr. Ellis and his staff are talking about is another opinion for which the Board does not have any more clarification than it had before it got to the meeting; and she does not know at this point what more the Board can do other than to abide by the opinion of the County Attorney. She noted a lot of research has gone into the discussion of cap-it; perhaps cap-it can be challenged; the County cannot do that, but perhaps the Clerk has some idea in regard to it; and until there are other details through the State that the Board is doing something wrong, the County appears to be complying with Florida Statutes based on the legal opinion from the County Attorney. Mr. Ellis inquired which legal opinion is that as he has three opinions; with Chairman Carlson responding they are all demonstrating the same opinion, it is just more elaborate each time. Attorney Knox stated he gave the Board a general opinion the first time, a more specific opinion in response to the questions the second time, and a more specific opinion in response to the third set of questions the third time. Mr. Ellis stated in the first opinion Attorney Knox indicated he was including all operating millages; and by the time there was the third opinion it was all operating millages, except those recently voted. Attorney Knox responded that is not correct. Mr. Ellis stated this issue has gone on for two months; and even on this date he still gets two sets of numbers for what the cap-it base is. Mr. Whitten stated last Thursday a meeting was held with Messrs. Rogero, Knox, Ellis, Giles, Burdett, and himself to discuss the issue; the Budget Office talked about its definition, interpretation and methodology of cap-it; Mr. Ellis also gave his opinion on cap-it; and at the end of the meeting, it was clear to all parties concerned that some numbers, in the haste of the Budget Office to provide the Clerk's Office some numbers, were incorrect. He noted the Budget Office staff advised Mr. Ellis at the end of that meeting that it would provide him with the correct numbers, and it has done so; and those numbers have been in place since the beginning of the budgetary process. Mr. Ellis stated if those numbers were in place since the beginning of the budgetary process they should not be changing; with Mr. Whitten responding those numbers are unchanged. Mr. Ellis stated he has numbers from Thursday that stated the total operating revenue for 2001 was $151 million; the number he received today was $150 million; on Thursday he was told the cash carry forward was $26.5 million; and today he was told the cash carry forward is $24.4 million. He noted as of October 1, 2000, the County knew what its cash carry forward was for this year, it closed the books, and knew how much was residual; that number cannot change and yet it has changed in a matter of five or six days; and he is sorry it has gotten to this at the budget hearing, which was not the intention and why his Office raised the issue six or seven weeks ago. Mr. Whitten stated Mr. Ellis has been provided the up-to-date numbers; the $13 million Mr. Ellis referenced is an error in a spreadsheet, not an attempt to mislead him; and it was an error that was made in haste to get Mr. Ellis some numbers at a meeting that was called by Mr. Ellis. Mr. Ellis stated those numbers were for 2001-2002; 2000-2001 is establishing the baseline for cap-it; there are two different baselines, even counting the cash carry forward; and by September 25, 2001, there needs to be a final baseline and a final formula for calculation, which is not available yet.

Commissioner Higgs inquired has staff inconsistently applied the issue of MSTU in the budget; with Mr. Whitten responding negatively. Mr. Whitten advised the MSTU's for the voted referendum items are not included for parks and recreation as they are not a part of the baseline for the current year; and they are not included in the cap-it calculation for next year. Commissioner Higgs noted they cannot be a part of the calculation of revenue this year because nothing was collected; with Mr. Whitten responding that is correct. Commissioner Higgs inquired in Attorney Knox's opinion, has the Budget Office consistently applied the MSTU issue; with Attorney Knox responding affirmatively. Commissioner Higgs stated she has watched the dueling memos back and forth over six or seven weeks; there are interesting issues; and the question is what does the Board want to do and how does it want to interpret them. She noted the item on the agenda is adoption of the County's 2001-2002 tentative millage; she knows enough about Mr. Ellis, having served with him on the County Commission, that he will not give up the argument and she respects that; and the Board needs to make a decision to move forward.

Commissioner Colon stated she is very uncomfortable with the issue; the County is talking about $5 million; and inquired is this how County staff has always done it concerning carry forward. Mr. Whitten responded staff has always budgeted carry forward as a revenue source; and it is staff's first occasion to calculate cap-it.

Chairman Carlson stated there are dueling definitions on revenues and other different things; the Clerk is rendering his opinion and the County Attorney is rendering his legal opinion; and that is where some of the differences lie.

County Manager Tom Jenkins stated it is a matter of interpretation; in looking at the language in cap-it, the County has taken what it believes the language says literally; in reverse of that, it is getting some interpretations; and everyone is entitled to an interpretation. Attorney Knox noted it is not a $5 million question, but a $5 million times 3% question, which is about $150,000.

Commissioner Scarborough stated he met with the Clerk; he supports moving forward with the opportunity to further define and understand how this can be interpreted; there are some fundamental language flaws; and he would like to hear as much as he can from staff before the second budget hearing. Mr. Ellis stated what the Board establishes as a baseline and baseline formula this year will be the baseline and baseline formula for next year; he has concern if the County is going to count cash carry forward as a revenue and it has a year where its cash carry forward increases because there are projects waiting in the queue and money is being saved for those projects, that the Board is going to have to do a tax decrease to compensate for the revenue; and it is digging itself a bigger hole next year and the year after. He noted if the Board's position prevails and by the time the budget hearing is completed on September 25, 2001, there is going to be a firm formula for cap-it and a baseline established for next year's budget; this year the Board is spending cash forward from $24 million to $15 million; and if it increases cash forward next year from $15 million to $22 million, it has to have a $7 million tax decrease to have neutral revenue.

Mr. Jenkins stated the County only takes the ad valorem portion of cash forward and not the non-ad valorem portion; and if the ad valorem portion of the cash forward increases and it is multiplied by 3%, it would seem the County would get more money as opposed to less money. Mr. Ellis stated staff is not multiplying it by 3% and taking it in aggregate. Mr. Jenkins stated the County is taking every millage that is listed on the tax bill, adding them up, and multiplying them by 3%; and it is also included in cash forward.

Chairman Carlson stated the Board needs clarification on what Mr. Ellis is talking about; but for now the Board can tentatively adopt the millage presented; and hopefully there will be clarification by the next budget hearing on September 25, 2001.

PUBLIC HEARING, RE: FY 2001-2002 TENTATIVE MILLAGES

Chairman Carlson called for the public hearing to consider the tentative millages for FY 2001-2002.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt tentative millages for FY 2001-2002, for County Agencies, Charter Officers, and Dependent Special Districts, as follows:

General Fund 4.2303 mills
Library District 0.7204 mill
Mosquito Control District 0.2085 mill
Fire Control MSTU 2.2527 mills
Recreation District 1 MSTU 0.5740 mill
Recreation District 4 0.6391 mill
TICO Airport Authority 0.0232 mill
Law Enforcement MSTU 1.1920 mills
Road and Bridge District 1 MSTU 0.7734 mill
Road and Bridge District 2 MSTU 0.3860 mill
Road and Bridge District 3 MSTU 0.5907 mill
Road and Bridge District 4 MSTU 0.4339 mill
Road and Bridge District 5 MSTU 0.6618 mill
Road and Bridge District 4 N. Bchs. MSTU 0.5397 mill
Road and Bridge District 4 So. MI MSTU 0.1963 mill
Merritt Island Recreation MSTU 0.1000 mill
S. Brevard Special Recreation District 0.1000 mill
Environmental Endangered Lands 0.2500 mill
Beach and Riverfront Acquisition 0.2051 mill
Port St. John/Canaveral Groves
Recreation Facilities MSTU 0.9000 mill
N. Brevard Special Recreation District 0.8000 mill
Merritt Island Recreation MSTU 0.7000 mill
S. Brevard Special Recreation District 0.5000 mill

Commissioner O'Brien stated the Board can cut costs and perhaps keep the taxes lower than what they have been; in two years, the number of employees in Brevard County has increased by 247; Public Safety increased by 10 employees, which is necessary; and the Sheriff's Office increased by 40 employees, which is also necessary. He noted in the same two years, Central Services increased by two employees, Facilities Department increased by 14 employees,

Housing and Human Services Department increased by four employees, Information and Communications Systems is up to 40 employees, there is a requested increase of four employees in Office of Natural Resources Management, and Permitting and Enforcement Department has increased by 10 employees. Chairman Carlson inquired does Commissioner O'Brien have a solution and cuts in minds. Commissioner O'Brien stated the Board needs to review the budget together as a team; and he is looking at a budget that is starting to show him that government keeps growing and has grown by 247 new people. Commissioner Higgs advised the per capita number of Brevard County employees has declined; with Mr. Rogero responding that is correct. Commissioner O'Brien stated Office of Natural Resources Management requested two additional environmental specialists; perhaps the Board could approve one position this year and one more next year; there are two additional counselor positions to assist citizens facing a family financial crisis; and the Sheriff's Office put deputies in the schools, with the School Board paying half of the cost. He noted one of the counselors will be located in Cocoa and other one will be in Palm Bay; and the Board could request the cities to come in as a partner to pay for half of the cost. Mr. Jenkins stated it is a Countywide function; the County provides that service to residents in the incorporated and unincorporated areas; it is paid for with Countywide ad valorem taxes; and if the Board were to ask the cities to contribute to it, the County would have to take the funds from the unincorporated area taxes only.

Commissioner Colon stated she supports the budget 100%, but has great reservations concerning the issues Mr. Ellis has brought up; and inquired if the Board adopts the tentative budget today, is Commissioner Scarborough still interested in the County trying to figure out the issues. Commissioner Scarborough stated the Board is compelled to follow the law; he is hearing new information; if the Board were to react to something tonight, agree with the Clerk on cap-it, and make changes, it would be an injustice to the system; and the County can proceed with a further dialogue between the different departments as the second budget hearing is September 25, 2001. He noted once the Board sets the TRIM notice, it can always decrease the millage, but not increase it; the prudent thing is to hold the course, but have a clear understanding that what the Board is doing is following the law correctly; and he does not want to cut valuable programs arbitrarily without fully understanding what the law is.

Commissioner O'Brien stated the Board could reduce the amount of taxes it was looking at charging; the County is looking at an economy right now that is very questionable; layoffs are occurring in Brevard County; rather than taking more money out of taxpayers' pockets, the Board should be trying to cut taxes and letting the people survive; and as one speaker stated earlier, more people in the County are getting older and poorer. Chairman Carlson stated the whole idea of Brevard Tomorrow is to figure out ways to keep the County from getting poorer; she does not believe doing something tonight is going to make a significant change in that right now; and hopefully there will be additional information coming forward. Commissioner O'Brien reiterated his concern about increasing taxes, especially during a financial time such as this. Chairman Carlson noted Commissioner O'Brien's concerns are well taken; with Commissioner O'Brien responding then the Board needs to do something about it.

Commissioner Higgs stated everyone is concerned about it; this is the first time she will have voted for a millage increase for District 3 residents; she does not take it lightly and has talked to people in her District; she will hold two additional meetings prior to the final budget hearing about what the millage increases mean; and the Board has had daylong budget meetings where it has discussed each program and requested increases for services. She noted she agrees with Commissioner Colon that the Board has a good budget; the services the Board is going to be supporting are very important to the long-term quality of life; the budget includes the economics of the community; and people have to understand that there have been a number of things that have changed over the last several years. She noted as State and federal governments have continued to reduce taxes and services, the burden for providing these services has come down to local government; many people have received a tax rebate from the federal government in recent months; there were 10 tax-free days in August, 2001; and there are costs to those things. Commissioner Higgs stated the programs Brevard County may have had funded through the State and federal government in the past are no longer being funded; the best government is closest to the public; but everyone needs to realize that there is a consequence to the changes that have evolved through the national system of governments over the years; and the Board has talked about the issues in its workshops. She noted she has met with County staff and read the dueling memos between the County Attorney, Clerk, and the Budget Office; the Board needs to make a decision on where to proceed; she is happy to listen to additional arguments, particularly those legal, that may persuade her otherwise; but at this point, she believes the proper interpretation of the cap-it amendment has been applied; and the Board should adopt the tentative millages in the budget.

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

Commissioner Colon noted she would like to meet with Messrs. Ellis and Whitten as she is uncomfortable with some of the issues previously discussed.

The meeting recessed at 7:27 p.m. and reconvened at 7:40 p.m.

REPORT, RE: UNITED WAY OF BREVARD 2001 KICKOFF CAMPAIGN

Chairman Carlson stated the United Way of Brevard 2001 Kickoff Campaign scheduled for tomorrow from 6:00 p.m. to 8:00 p.m. at Cocoa Riverfront Park in Cocoa Village has been canceled; its community-wide fund-raising effort has begun and will run through December 13, 2001; and anyone needing counseling services or information on ways to help in the relief effort may call 211 Helpline Brevard or 632-6688.

PUBLIC HEARING, RE: ANNOUNCEMENT OF RECOMPUTED FY 2001-2002 AGGREGATE
TENTATIVE MILLAGE

Chairman Carlson called for the public hearing to consider announcement of recomputed FY 2001-2002 aggregate tentative millage.

Budget Manager Dennis Rogero advised the FY 2001-2002 aggregate rolled back rate is 6.6277 mills, and the FY 2001-2002 aggregate tentative rate is 7.1995 mills, which represents a 4.61% increase over the FY 2000-2001 aggregate rate, and a 8.63% increase over the FY 2001-2002 aggregate rolled back rate.

There were no comments or objections heard.

PUBLIC HEARING, RE: TENTATIVE APPROVAL OF BUDGET FOR FY 2001-2002

Chairman Carlson called for the public hearing to consider tentative approval of the County's FY 2001-2002 budget for County agencies, Charter Officers, and Dependent Special Districts.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the County's FY 2001-2002 budget for County agencies at $612,073,622; Charter Officers at $79,471,237; and Dependent Special Districts at $45,208,940. Motion carried and ordered; Commissioner O'Brien voted nay.

PUBLIC HEARING, RE: ADOPTION OF FINAL FY 2001-2002 BUDGETS

Chairman Carlson called for the public hearing to consider adoption of final FY 2001-2002 budgets for Solid Waste Management Department, Surface Water Improvement Program, Emergency Medical Services, and Melbourne-Tillman Water Control District.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt the final budgets for Solid Waste Management Department at $99,710,725; Surface Water Improvement Program at $8,712,189; and Emergency Medical Services at $15,774,382 for FY 2001-2002. Motion carried and ordered unanimously.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt a final operating budget for the Melbourne-Tillman Water Control District pursuant to Chapters 165 and 200, Florida Statutes, authorizing the Board of County Commissioners to adopt the final budget for FY 2001-2002; and providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION ADOPTING FY 2001-2002 USER FEES FOR
MELBOURNE-TILLMAN WATER CONTROL DISTRICT

Chairman Carlson called for the public hearing to consider a resolution adopting FY 2001-2002 user fees for Melbourne-Tillman Water Control District.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution authorizing and adopting user fees pursuant to Chapter 86-418, Florida Statutes, authorizing the Board of the Melbourne-Tillman Water Control District to levy user fees for FY 2001-2002; and providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION RATIFYING AND CONFIRMING ANNUAL
STORMWATER UTILITY SPECIAL ASSESSMENT ROLL FOR FY 2001-2002

Chairman Carlson called for the public hearing to consider a resolution ratifying and confirming the annual Stormwater Utility Special Assessment Roll to the Tax Collector for FY 2001-2002 .

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution ratifying and confirming the Stormwater Utility Special Assessment Roll to the Tax Collector for fiscal year beginning October 1, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION RATIFYING AND CONFIRMING ANNUAL
EMERGENCY MEDICAL SERVICES SPECIAL ASSESSMENT ROLL FOR
FY 2001-2002

Chairman Carlson called for the public hearing to consider a resolution ratifying and confirming the annual Emergency Medical Services Special Assessment Roll for FY 2001-2002.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution ratifying and confirming the Emergency Medical Services Special Assessment Roll to the Tax Collector for fiscal year beginning October 1, 2001. Motion carried and ordered unanimously.

APPROVAL, RE: JUVENILE ASSESSMENT CENTER FUNDING FOR FY 2001-2002

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to grant tentative approval of staff's recommendations on options to fund the Juvenile Assessment Center (JAC); and direct the Budget Office to adjust the proposed budget to reflect the changes.

Assistant County Manager Stockton Whitten advised it would be $40,000 residual from grant match funding for the crime victims' advocates.

Commissioner O'Brien requested the Board discuss issues concerning the Juvenile Assessment Center with staff; stated questions have arisen as to its real purpose and effectiveness; and the Board is allocating a lot of money annually for the Center, but there are some arguments against it. Commissioner Colon stated she does not have a problem with Commissioner O'Brien's suggestion if there are concerns; she does not know if the Board wants to support the funding for JAC next year; and there are a lot of questions of whether the State is going to support JAC.

Motion by Commissioner O'Brien, to direct staff to prepare a report and agenda the item for public discussion on whether the Board should continue to fund the JAC.

Commissioner Colon stated she wants the Board to move forward; it was under the impression that the JAC funding was in the budget; she would like to have a workshop or meeting in the future concerning the issues Commissioner O'Brien raised as they are very legitimate; but she supports moving forward with the JAC funding this year.

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

PUBLIC HEARING, RE: ORDINANCE ESTABLISHING 180-DAY MORATORIUM ON
ISSUANCE OF DEVELOPMENT PERMITS IN 25-YEAR RIVERINE FLOODPLAIN

Chairman Carlson called for the public hearing to consider an ordinance establishing a 180-day moratorium on issuance of development permits in the 25-year riverine floodplain.

Dick Gregory, David Philpot, David Armstrong, Jim Tharpe, Deneen Mahoney, Keith Gover, John McKinley, Coleman Goatley, and Tim Jelus advised of their opposition to the proposed ordinance due to the increase in impact fees, potential increase in Office of Natural Resources Management and Building Department fees, the flooding situation in Deer Run, existing drainage in most of Brevard County works, what the moratorium will do to the building industry, building departments losing permit money, inspection fees, and impact fees; stated establishing a 180-day moratorium for anybody who is building in a floodplain is a quick knee-jerk reaction by the Board for communities that have drainage problems; and requested the Board review alternate methods to address the issues of concern rather than taking the direct approach of putting on hold buildable lots in other areas as a blanket moratorium, and take the taxpaying citizens' livelihoods under advisement.

Commissioner Higgs inquired does the ordinance affect properties within the incorporated cities of Brevard County; with Assistant County Manager Peggy Busacca responding no, it is only within the unincorporated area of Brevard County. Commissioner Higgs inquired if there is some question about the data and if someone contended they were in the floodplain or not in the floodplain, how would one challenge the data and what would the process be.

Regional Stormwater Utility Director Ron Jones responded the County has detailed information from the Federal Emergency Management Agency as well as other sources, such as studies by the Army Corps of Engineers or St. Johns River Water Management District; the appropriate way to do it would be for the individuals who wanted to challenge whether or not their property was in the floodplain to bring forth topographic data; the elevations are fixed; and it is similar to providing the additional information required as part of a normal development application. Commissioner Higgs inquired does staff determine a floodplain by a particular elevation; with Mr. Jones responding affirmatively.

Commissioner Scarborough stated the County does not have a moratorium just to have a moratorium, but so the Board can take action; it is a very complex and multi-faceted issue; to say Deer Run has a drainage problem can be a correct statement; however, the massive amount of efforts it takes to drain Deer Run is something the Board does not ever want to happen again; and when things are being done fundamentally against nature, it is expensive to the taxpayer, and is not feasible. He noted the question becomes how does the County prevent a Deer Run from occurring; and if everything is built out in the County, there would be a disaster as it cannot build on every lot that has been designed to be built on. Commissioner Scarborough stated the question is do people build in an area that is in the 25-year floodplain where some people are sitting with massive problems or should building be directed to those places that are better able to handle reasonable development; and the moratorium does not answer the question, but it does compel the Board to respond to the problems.

Chairman Carlson inquired is it appropriate to include language in the ordinance concerning impact fees and have the provision regarding existing contracts. County Attorney Scott Knox responded it may be a good idea to include it; and such provision would eliminate the problem all together. Commissioner Higgs stated section 3 deals with some of the exemptions; requested Attorney Knox suggest limited language that the Board may want to consider; and expressed concern as to how broad the provision could get.

Commissioner Scarborough requested staff explain what problems and issues the County wants to address. Ms. Busacca responded staff has put together a draft report; it includes construction standards for single-family homes, suggestions about elevation of roads, the suggested amount of fill, elevation of septic tank drain fields, elevation of potable well heads, elevation of the primary access to structures or accessory structure, and elevation of accessory structures that might be associated with a home.

Commissioner Higgs inquired how many building permits were issued last year in unincorporated Brevard County; with Mr. Jones responding approximately 2,000.

Attorney Knox stated proposed language could be included as part of section 3, as follows: "Any lot owner who has agreed to build a residence on his or her lot pursuant to a contract with a party who has agreed to purchase the lot and residence." Commissioner Scarborough stated the Board may want to include the person who has owned a lot for a number of years and enters into a contract to build; with Attorney Knox responding that is fine. Attorney Knox stated the revised language could be included, as follows: "Any lot owner who, as of the date of this ordinance, has agreed to build a residence on his or her lot, pursuant to a contract with a party who has agreed to purchase the lot and residence, or any lot owner who, as of the date of this ordinance, has contracted to build a home on his or her lot."

Commissioner Higgs stated the proposed moratorium is a maximum of days; and the Board could lift the moratorium sooner. Chairman Carlson inquired if the effective date could be at some point in the future and not today and is there any value to that; with Attorney Knox responding it would allow everyone who wanted to get a building permit to apply for it before the ordinance went into effect. Chairman Carlson noted it may be something the Board would want to consider.

Commissioner Higgs stated section 2 talks about the temporary ordinance having an effect of 180 days after the effective date; and inquired does it allow somewhere other than that where the Board could stop the moratorium at a shorter period of time, and does it have to advertise two public hearings, with one hearing after 5:30 p.m. Attorney Knox responded technically the Board has to have two public hearings to deal with this type of ordinance; if it chooses not to enforce the ordinance and allow people to apply for building permits because the County deems the moratorium to be over after 100 days, it can do so and go through the process of repealing the ordinance. Commissioner Higgs inquired could the Board include language that would allow it, through a majority action, to lessen the 180 days. Ms. Busacca responded if the Board wanted to amend the language, it could be included on page 3, section 4. Chairman Carlson inquired if Attorney Knox can include language in that section; with Attorney Knox responding affirmatively.

Commissioner O'Brien stated he could support the ordinance if it was about planned unit developments or developments that were more than 10 or 15 homes; but he does not want to stop somebody who owns a piece of property or has an investment; the County has ordinances on the books already concerning elevated houses and elevated septic tanks; and there are existing Ordinances to help protect the people. He noted his major concern has always been someone building a huge development in a 10 or 25-year floodplain and there ends up being serious flood problems because of the massive construction.

Commissioner Scarborough inquired are site plans for a subdivision going to be addressed by staff as well; with Ms. Busacca responding affirmatively.

Attorney Knox stated in order to clarify the previous language for section 3, the verbiage "for their own use" could be added after ". . . any lot owner who has contracted to build a home on his or her lot." He provided additional language for the Board's consideration, as follows: "The Board may also suspend the operation of the moratorium at any time by a duly adopted resolution of the Board."

Motion by Commissioner Higgs, to adopt an Ordinance establishing a 180-day moratorium on the issuance of development permits below the elevation of the 25-year riverine floodplain in the unincorporated area of Brevard County; setting forth the purpose of the temporary moratorium; setting forth the extent of the temporary moratorium; providing for exemptions; providing for extensions and expiration of the temporary moratorium; providing for conflicting provisions; providing for severability; providing for area encompassed; and providing for an effective date, as amended.

Chairman Carlson inquired do the changes include issuance of permits that include swimming pools as well; with Commissioner Higgs responding affirmatively. Chairman Carlson stated all the changes the County Attorney has crafted are included in the Ordinance. Commissioner Higgs noted such changes include swimming pools; and inquired if the Board wants to include barns on more than 10 acres. Commissioner Scarborough stated the County runs into problems with animals and water, and where to take the animals when a flooding event occurs; and it is very complex. Commissioner Higgs stated she will not include barns on more than 10 acres, but all the other changes are included.

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

Upon motion and vote, the meeting adjourned at 8:40 p.m.

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

___________________________
SCOTT ELLIS, CLERK

(S E A L)