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

December 12, 2000

The Board of County Commissioners of Brevard County, Florida, met in regular session on December 12, 2000, at 9:02 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Vice Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: *Chairman Sue Carlson.

Vice Chairman Scarborough advised Chairman Carlson is with the Governor and Cabinet in Melbourne, representing Brevard County and should be back later in the meeting.

The Invocation was given by Pastor Kenny Delgado, House of Prayer in Palm Bay, Florida.

Commissioner Randy O'Brien led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to approve the Minutes of October 17, 2000 Regular Meeting, October 31, 2000 Regular Meeting, and November 14, 2000 Regular Meeting. Motion carried and ordered unanimously.

REPORT, RE: ALCO-REST

County Manager Tom Jenkins advised the Board requested a report on Alco-Rest; Mr. Lusk is meeting with them on Friday; and after that meeting, he will provide a written report to the Commissioners.

REPORT, RE: CHILDREN'S SERVICES COUNCIL MEETING

Commissioner Higgs advised she was appointed to serve on the Children's Services Council for next year; that term begins on December 15, 2000; there is an annual meeting of the Council on December 14, 2000; Commissioner Voltz was the Board's representative; and she would like to attend that meeting as the Board's representative.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to authorize Commissioner Higgs to represent the Board at the December 14, 2000 Children's Services Council Meeting. Motion carried and ordered unanimously.

REPORT, RE: CHRISTMAS GREETINGS

Commissioner Colon wished everyone a Merry Christmas in several different languages.

REPORT, RE: DROUGHT CONDITIONS

Vice Chairman Scarborough advised at the East Central Florida Regional Planning Council meeting, several people remarked how low the St. Johns River is in Brevard County; they heard information dealing with drought conditions in the lake region of Florida which runs up to Tallahassee; and they will be receiving a report from the South Water Management District and St. Johns River Water Management District talking about how dry it is. He stated there are some historical drought conditions that exist in the State; some of the thought process needs to be addressed on a regional level; it is one thing if Brevard County has a problem, but it is another thing if the entire State is undergoing drought conditions; and it could severely limit capacity to live normal lives.

Commissioner O'Brien stated winter is generally the dry season; with Vice Chairman Scarborough responding driving across the St. Johns River it looks like it is coming out of the dry season and not going into it. Vice Chairman Scarborough stated comments were made that lake levels are dropping; the water table dropped ten feet over a few years; and the capacity to have water is questionable.

Commissioner Higgs advised there is a new capacity in GIS to show visually where the recharge areas are; part of the concern is what is happening beneath the surface with the aquifer, not just what is happening on the surface; and if staff could send the Board a graphic representation of where the critical recharge areas are and a short report on the impact of the recharge areas to the critical resources both in the region and the State, it would be helpful.

Vice Chairman Scarborough stated there is a tendency to move into developing more and more wet and marsh properties and floodplains; as they get there, they want to drain the areas which allows less water to get back into the underground water system; and as that occurs, and the probability of fires in the summer, there could be a problem with capacity to have water for basic uses. He stated Brevard County is fortunate as it has not been at the crisis level; but if the whole State is going into a crisis, Brevard County is part of the State; so it is a subject that should be dovetailed in some of the comments they will receive from the East Central Florida Regional Planning Council.

GLENN VICTOR, CENTRAL FLORIDA SAFETY COUNCIL, RE: PRESENTATION OF
AWARD TO SHERIFF PHILIP B. WILLIAMS

Glenn Victor, representing the Central Florida Safety Council, advised the Law Enforcement Traffic Safety Award is a cooperative effort between the Brevard County Community Traffic Safety Team and the Central Florida Safety Council; Sheriff Williams was nominated by one of his men, Deputy Edward C. Smith, Director of the Special Enforcement Unit; and the Council chose to recognize Sheriff Williams because of his solid commitment to traffic safety. He stated out of the many nominations he has seen and the list of accomplishments of others who received the award, there is no list more impressive than the one submitted on Sheriff Williams behalf; one example is that five deputies were recognized by Mothers Against Drunk Driving for their roll in the arrest of no less than 100 DUI offenders each in the year 1999; and that is over 5000 DUI offenders taken off the roads in Brevard County by just five deputies. Mr. Victor stated at the Central Florida Safety Council, they believe that means lives being saved; and for that they want to thank Sheriff Williams who has taken an active roll in other campaigns as well, such as the Buckle Up Florida and Stop Red Light Running campaigns. He presented the award to Sheriff Williams, on behalf of the Brevard County Community Traffic Safety Team, Central Florida Safety Council, and every resident of Brevard County and Central Florida for a job well done.

Sheriff Philip Williams stated he and his office are honored to receive the award, but it is the work of the entire Sheriff's Office and the men and women who work there that accomplished the effort to make the roadways in Brevard County safer. He extended a special thanks to Ed Smith who came on board four years ago and organized the Traffic Unit, and applied for a grant which pays for four officers and a supervisor, including vehicles and equipment to enforce traffic laws on the roadways. He stated the thing he is most proud of is the cooperative effort Mr. Smith has generated between the Florida Highway Patrol and all municipal police agencies when they decide to have an enforcement action; and everybody participates with a lot of resources which are shared very well to help each other. He stated his team building skills are second to none; and he would like to publicly thank Mr. Smith and all the officers who represent the work that is behind the award.

Commissioner Colon expressed appreciation to Sheriff Williams and the Sheriff's Department on behalf of the citizens of Brevard County.

RESOLUTION, RE: COMMENDING SHERIFF DEPUTY ROY OSBORNE

Commissioner Colon read aloud a resolution commending Sheriff Deputy Roy Osborne for 33 years of law enforcement service.

Motion by Commissioner Colon, seconded by Commissioner Higgs, to adopt Resolution commending Sheriff Deputy Roy Osborne for 33 years of loyal and dedicated service as a law enforcement officer, and wishing him good health and prosperity in his retirement. Motion carried and ordered unanimously. (See page for Resolution No. 2000-350.)

RESOLUTION, RE: CONGRATULATING DR. ALBERT M. KOLLER, JR.

Vice Chairman Scarborough read aloud a resolution congratulating Dr. Albert M. Koller, Jr. on his new position as Executive Director of Aerospace Programs.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Resolution commending Dr. Albert M. Koller, Jr. on his new position as Executive Director of Aerospace Programs, and expressing appreciation for his service to the community. Motion carried and ordered unanimously. (See page for Resolution No. 2000-351.)

Vice Chairman Scarborough presented the Resolution to Dr. Koller, who thanked the Board for the recognition and stated it is a privilege to be acknowledged and to live and work with fine people. Dr. Koller stated it is a third career for him to pull together a national skills program. He stated he will be looking at new skills for people working in aerospace and at a major industrial base program; and he will lead the charge. He noted the chain of lakes will combine private, public, and college lands to convert that water front for environmental training, water sports training, and fire rescue; and the College will participate in a major way.

PRELIMINARY PLAT APPROVAL, RE: THE SANCTUARY AT AQUARINA

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to grant preliminary plat approval for The Sanctuary at Aquarina, subject to compliance with recommendations by review agencies and all other applicable policies, ordinances, laws, and regulations, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: INDIAN LANDING, PHASE I

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to grant final plat approval for Indian Landing, Phase I, 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.

FINAL PLAT APPROVAL, RE: STAR RUSH DRIVE, VIERA NORTH, PARCEL W&O

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to grant final plat approval for Star Rush Drive, Viera North, Parcel W&O, 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.

FINAL PLAT APPROVAL, RE: GRAND HAVEN, PHASE I

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to grant final plat approval for Grand Haven, Phase I, 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.

CONTRACT WITH WYNDHAM LAKE DEVELOPMENT COMPANY, RE: INFRASTRUCTURE
IMPROVEMENTS IN WYNDHAM LAKE ESTATES

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to execute Contract with Wyndham Lake Development Company, guaranteeing infrastructure improvements in Wyndham Lake Estates. Motion carried and ordered unanimously. (See page for Contract.)

ACKNOWLEDGE RECEIPT OF ORDINANCES NOS. 2001-02 AND 2001-03 FROM CITY
OF WEST MELBOURNE, RE: ANNEXATION OF PROPERTIES

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to acknowledge receipt of Ordinance No. 2001-02 annexing approximately 2.5 acres along the south edge of Sheridan Road east of John Roads Boulevard, and Ordinance No. 2001-03 annexing approximately .5 acre north of Idlewylde Circle within the City of West Melbourne, found to be consistent with Chapter 171, Florida Statutes. Motion carried and ordered unanimously.

CERTIFICATION OF STAFF SERVICES AGREEMENT WITH BREVARD MPO, RE:
EXTENDING AGREEMENT THROUGH DECEMBER 31, 2001

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to execute Certification of Staff Services Agreement with the Brevard Metropolitan Planning Organization (MPO), extending the Agreement through December 31, 2001. Motion carried and ordered unanimously. (See page for Certification.)

AGREEMENT WITH KEEP BREVARD BEAUTIFUL, RE: TDC CATEGORY B BEACH
CLEAN-UP GRANT

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to execute Agreement with Keep Brevard Beautiful for TDC Category B, Beach Clean-up Grant of $82,125 for FY 2000-01; and authorize staff to make the appropriate budget changes. Motion carried and ordered unanimously. (See pages for Agreement and Budget Change Request.)

RESOLUTION, RE: RENAMING SR 528 BEELINE AS BEACHLINE

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Resolution renaming SR 528 Beeline as Beachline. Motion carried and ordered unanimously. (See page
for Resolution No. 2000-352.)

APPROVAL OF OPEN PURCHASE ORDER WITH BREVARD CULTURAL ALLIANCE,
RE: EXPENDITURES IN THE OFFICE OF TOURISM/TDC CULTURAL EVENTS FUND

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to approve open purchase order with Brevard Cultural Alliance in the amount of $117,117, for expenditures in the Office of Tourism/TDC Cultural Events Fund for FY 2000-01. Motion carried and ordered unanimously.

APPROVAL, RE: RENAMING COUNTY FACILITIES

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to rename County facilities as follows:

South Brevard Service Complex (Sarno) as County Service Complex - Melbourne
North Brevard Service Complex (Parkway) as County Service Complex - Titusville
(New) South Mainland Service Complex as County Service Complex - Palm Bay
Merritt Island Service Complex as County Service Complex - Merritt Island
Brevard County Government Complex - North (six story building in Titusville) as
Brevard County Government Center - North.

Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING INITIAL ASSESSMENT FOR LAKEMONT ROAD
WATERLINE EXTENSION MSBU

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Resolution ordering the acquisition and construction of assessable improvements consisting of construction of a potable water system including all pertinent facilities, all within the unincorporated area of Brevard County, Florida, District 4, known as the Lakemont Road Waterline Municipal Service Benefit Unit; providing a description and location of said assessable improvements; establishing a description and location of all real property benefited by said assessable improvements and subject to special assessment for the cost thereof; notice of the Board's intent to impose the assessments; determining real property abutting upon or adjacent to said assessable improvements and the portion to be assessed against specially benefited abutting or adjacent real property; determining and providing for the manner and method of computing such special assessments; providing for the publication of this Resolution; and providing an effective date. Motion carried and ordered unanimously. (See page for Resolution No. 2000-353.)

AGREEMENT WITH HOUSING AUTHORITY OF BREVARD, RE: HUD DRUG
ELIMINATION PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to execute Agreement with the Housing Authority of Brevard County for Parks and Recreation Department to provide recreation and education programs for youth relating to drug abuse through the HUD Drug Elimination Program at Cocoa West Park, Joe Lee Smith Park, and Woody Simpson Park. Motion carried and ordered unanimously. (See page for Agreement.)

APPROVAL TO STANDARDIZE AND PURCHASE PUMP STATIONS FROM SOLE SOURCE
VENDOR, RE: COUNTY GOLF COURSES

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to approve standardized purchase of Model VPSII 560Tx2 4603 Golf Course Irrigation Services Pump Stations for future purchases; and approve the sole source purchase of a pump station for The Savannahs Golf Course from Golf Course Irrigation Services, Inc. at $56,567. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: PUBLIC ACCESS
BRIDGES AT MARITIME HAMMOCK SANCTUARY

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to grant permission to bid and award bid to lowest qualified bidder for construction of two public access bridges at Maritime Hammock Sanctuary; and authorize the Chairman to execute the contract. Motion carried and ordered unanimously. (See page for Contract.)

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT COMMITTEES,
AND EXECUTE CONTRACTS, RE: PARKS AND RECREATION REFERENDUM
PROJECTS ARCHITECTURAL AND ENGINEERING SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to authorize advertising Request for Proposals from architectural/engineering firms for North Area, Central Area-Merritt Island, and South Area Parks and Recreation Referendum Projects; appoint Charles Nelson, Jack Mason, Marsha Cantrell, Stockton Whitten and Don Lusk or their designees and North Brevard Commission on Parks and Recreation Board member, Central Area-Merritt Island/ Beaches Service Sector Parks and Recreation Advisory Board member, and South Area Parks and Recreation Advisory Board member to the Selection Committee; appoint Charles Nelson, Stockton Whitten and Kim Brautigam or their designees to the Negotiating Committee; and authorize the Chairman to execute negotiated contracts for professional services required for the North Area, Central Area-Merritt Island, and South Area Parks and Recreation Referendum Projects. Motion carried and ordered unanimously. (See pages for Contracts.)

GRANT APPLICATION FOR EMERGENCY MANAGEMENT PREPAREDNESS AND
ASSISTANCE TRUST FUND, RE: AMBULANCE BUS

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to approve submittal of a grant application for $290,600 in Emergency Management Preparedness and Assistance Trust Funds from Department of Community Affairs to convert a surplus bus into a special needs ambulance bus; and authorize the Chairman to execute the Grant documents. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 AND FINAL PAYMENT TO McMAHAN CONSTRUCTION
COMPANY, RE: CONSTRUCTION OF PINEHURST/HOLIDAY SPRINGS REUSE MAIN

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to approve Change Order No. 1 to Agreement with McMahan Construction Company, Inc. for construction of Pinehurst/Holiday Springs Reuse Main, increasing contract amount by $22,215 and time by 117 days, for road repair with concrete ribbon curb, change from jack and bore to open cut for two crossings, replace sidewalk to preserve trees at road entrance, install additional service, and material quantity adjustments; and approve final payment to McMahan Construction. Motion carried and ordered unanimously. (See page for Change Order No. 1.)

ADDENDUM NO. 1 TO TASK ORDER NO. 97-13 WITH WCG, INC., RE: CDF OPERATIONS
OFFICE BUILDING

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to execute Addendum No. 1 to Task Order No. 97-13 with WCG, Inc. for Central Disposal Facility (CDF) Operations Office Building, not to exceed $21,900. Motion carried and ordered unanimously. (See page
for Addendum No. 1.)

TASK ORDER NO. 00-03 WITH S2Li, RE: PREPARATION AND ISSUANCE OF REQUEST
FOR PROPOSALS FOR SALE OF LANDFILL GAS

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to execute Task Order No. 00-03 with S2Li to prepare and issue a Request for Proposal for sale of landfill gas. Motion carried and ordered unanimously. (See page for Task Order No. 00-03.)

TASK ORDER NO. 00-05 WITH S2Li, RE: PREPARATION OF MASTER PLAN FOR
EXPANSION OF CENTRAL DISPOSAL FACILITY

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to execute Task Order No. 00-05 with S2Li to prepare a master plan for expansion of the Central Disposal Facility, at not to exceed $175,738. Motion carried and ordered unanimously. (See page
for Task Order No. 00-05.)

REIMBURSEMENT RESOLUTIONS, RE: NORTH BREVARD RECREATION SPECIAL
DISTRICT, MERRITT ISLAND RECREATION MSTU, AND SOUTH BREVARD
RECREATION SPECIAL DISTRICT

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to adopt reimbursement Resolutions stating the Board's intent to seek reimbursement for expenses that will occur before receipt of bonds and/or debt proceeds for North Brevard Recreation Special District, Merritt Island Recreation MSTU, and South Brevard Recreation Special District. Motion carried and ordered unanimously. (See pages for Resolutions Nos. 2000-354, 2000-355, and 2000-356.)

APPROVAL OF REVISED POLICY BCC-8, RE: TANGIBLE PERSONAL PROPERTY

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to approve the revised Policy BCC-8, Tangible Personal Property, to delete superfluous language and provide for statutory reference. Motion carried and ordered unanimously. (See page for Policy BCC-8.)

APPROVAL OF REVISED POLICY BCC-24, RE: PROCUREMENT

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to approve the revised Policy BCC-24, Procurement, to add definition of capital outlay item, clarify authorization to sign purchase orders, reference County Purchasing Manual, and facilitate efficiency. Motion carried and ordered unanimously. (See page for Policy BCC-24.)

APPROVAL OF EMERGENCY MANAGEMENT COMPETITIVE GRANT APPLICATION,
RE: MOBILE PUBLIC SAFETY ANSWERING POINT

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to approve Emergency Management Competitive grant application to Department of Community Affairs for a backup mobile public safety answering point; designate the County Manager or his designee as official point of contact for the grant; and authorize the County Manager or his designee to execute actions or documentation required to complete the application and enact expenditures if the grant is awarded. Motion carried and ordered unanimously.

APPROVAL OF EMERGENCY MANAGEMENT COMPETITIVE GRANT APPLICATION,
RE: UPGRADE OF COMMUNICATIONS EQUIPMENT

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to approve Emergency Management Competitive grant application to Department of Community Affairs for upgrade of communications equipment; designate the County Manager or his designee as official point of contact for the grant; and authorize the County Manager or his designee to execute actions or documentation required to complete the application and enact expenditures and required reporting if the grant is awarded. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to appoint and/or reappoint the following members:

Kelli Jo Strabley and Steve Lino to the Animal Enforcement Dangerous Dog Hearing Council with terms expiring December 31, 2001; Ron Pritchard, Dan Dvorak, Joe DeMes, George Reynolds, Glenn Morgan, and Roy Gunsler to the District 2 Canal Dredging Committee, with terms expiring December 31, 2001; Lou Howard and Ginny Mack to the Public Golf Advisory Board, with terms expiring December 31, 2001; Loretta Wilson to the Central Brevard Library and Reference Center Advisory Board, with term expiring December 31, 2001; Helen Filkins and Howard Wolf to the Zoning Board of Adjustment, with terms expiring December 31, 2001; Aneta Ott, John Daignault, Michael Selig, Stephen C. Marcum, and Kathryn Kowalski to the Planning and Zoning Board with terms expiring December 31, 2001; Bill Baer, Del Yonts, and Jim Ray to the Valkaria Airport Advisory Board, with terms expiring December 31, 2001; Tod McNeal to the Parks and Recreation Merritt Island/Beaches Service Sector Advisory Board, with term expiring December 31, 2002; Joe Sekera and Dorothy Ricker to the Personnel Council, with terms expiring December 31, 2001; Carol Hurst and Martha Russo to the Library Board, with terms expiring December 31, 2001; Douglas Hendriksen, Greg Jones, Susan Sheppard, Eleanor Downes, and Robert Taylor to the Historical Commission, with terms expiring December 31, 2001; Rocky Randels, Jonnie Swan, Rebecca James, and Bill Koehne to the Environmentally Endangered Lands Procedure Committee, with terms expiring December 31, 2001; Kathy Weaver and Marilyn Washburn to the Medical Services Review Committee, with terms expiring December 31, 2001; Marilyn Hooper, Kim Roberts, and Sid LaDow to the Country Acres Advisory Board, with terms expiring December 31, 2001; Jenny Gessler, Marcia B. Marlo, Jackie Fleener, Linda Harris, Bettye G. Murray, and Cathy Stanton to the Brevard County Commission on the Status of Women, with terms expiring December 31, 2001; Harold J. Fuller and Ed Fleis to the Building and Construction Advisory Committee, with terms expiring December 31, 2001; Lena Nordell, Bud Crisafulli, Ann Nicol, John Nast, and John Radencic to the Contractors Licensing Board, with terms expiring December 31, 2001; Carol W. Waters and David F. Davis to the Brevard Commission on Aging, with terms expiring December 31, 2001; Clara Smith to the Community Based Organization Funding Advisory Committee, with term expiring December 31, 2001; Cameron Donaldson to the Extension Advisory Council, with term expiring December 31, 2001; Brian Hurley, Sarah Love, and Christopher Graham to the Parks and Recreation South Service Sector Advisory Board, with terms expiring December 31, 2001; Eugene H. Gwinn, Flo Canham, Bruce McMann, Phyllis McCullers, Jeanne Osborne, and Bill Sansbury to the South Mainland Community Center Citizens Advisory Committee, with terms expiring December 31, 2001; Yvonne Atha, Marie Bergamini, Joyce Bent, Owen Gallagher, Joan Lewis, Laurie Chase, and Mike Cunningham to the South Mainland Library Advisory Board, with terms expiring December 31, 2001; Phyllis McCullers to the Community Development Block Grant Advisory Board, with term expiring December 31, 2001; Robert A. Klaus to the Citizen Budget Review Committee, with term expiring December 31, 2001; Richard Higgins to the Veterans Memorial Park Advisory Board, with term expiring December 31, 2001; Bob Gabriel and Sandy Sevigny to the Art in Public Places Advisory Committee, with terms expiring December 31, 2001; Bennie J. Hopkins, Sr. and Barbara Whitley to the Community Action Agency Advisory Committee, with terms expiring December 31, 2001; Elizabeth George, Hal Rose, Barbara Schwam, and Gloria Sommer to the West Melbourne Public Library Board, with terms expiring December 31, 2001; Richard Wallace to the Surface Water Improvement Advisory Board, with term expiring December 31, 2001; Janet LaMont to the Palm Bay Regional Park Advisory Committee, with term expiring December 31, 2001; Mike Cunningham and Sandra Clinger to the Marine Advisory Council, with terms expiring December 31, 2001; Ed Struttmann to the Economic Development Commission of the Space Coast, with term expiring December 31, 2001; and Liz Alward to the Employee Benefits Advisory Committee, with term expiring December 31, 2001. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to approve bills and budget changes as submitted. Motion carried and ordered unanimously. (See page
for List of Bills.)

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

Vice Chairman Scarborough 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 objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution vacating public utility and drainage easements in Snug Harbor Lakes Unrecorded as petitioned by Abbott Manufactured Housing. Motion carried and ordered unanimously. (See page for Resolution No. 2000-357.)

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC DRAINAGE EASEMENT IN
DEVON'S GLEN, UNIT 3 - PAUL AND NATALIE KILBRIDE

Vice Chairman Scarborough called for the public hearing to consider a resolution vacating public drainage easement in Devon's Glen, Unit 3, as petitioned by Paul and Natalie Kilbride. There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Resolution vacating public drainage easement in Devon's Glen, Unit 3, as petitioned by Paul and Natalie Kilbride. Motion carried and ordered unanimously. (See page for Resolution No. 2000-358.)

PUBLIC HEARING, RE: ORDINANCE ELIMINATING USE INCONSISTENCIES IN
COMMERCIAL AND INDUSTRIAL ZONING CLASSIFICATIONS

Vice Chairman Scarborough called for the public hearing on the first reading of an ordinance eliminating use inconsistencies in commercial and industrial zoning classifications.

Vice Chairman Scarborough inquired where does a commercial dry cleaning establishment have to be located; with Zoning Official Rick Enos responding if they are serving more than two locations, including the location of the dry cleaning plant, they would need BU-2 or IU classification. Vice Chairman Scarborough inquired if it is below that threshold what would they need; with Mr. Enos responding BU-1. Vice Chairman Scarborough inquired where would a full-blown dry cleaning operation be located; with Mr. Enos responding in industrial classifications, but there have been some occasions where they were located in a BU-2 classification. Mr. Enos stated it is consistent with what was done with Crest Cleaners on Wickham Road. Vice Chairman Scarborough inquired if a full-blown activity would be liberalized as well; with Mr. Enos responding not necessarily, but in the past, by interpretation, staff has permitted a dry cleaners in BU-2.

Commissioner Higgs advised the ordinance provides the ability to deal with additional height in BU-1, BU-2 and IU classifications; at the zoning meeting, the Board talked about removing conditional uses on residential properties; and it may want to consider that in commercial and industrial classifications. She inquired if staff can recall instances where requests for additional height through a conditional use permit was made in any of the industrial or commercial categories; with Mr. Enos responding no, but it is about to receive a request in an IU classification for additional building height for a stack on the Sea Ray plant. Commissioner Higgs stated there seemed to be a sense, when the Board talked about the court case, that additional height was not something it felt the community was interested in; this is an opportunity to look at that seriously; and the Board needs to determine whether or not it wants to address it.

Commissioner O'Brien stated Section 2, regarding ceramics and pottery finishing and sales, states, "no production or firing except accessory to onsite sales only" on one page, and "pottery sales with no manufacturing" was crossed out on another page; and inquired if they can fire a kiln; with Mr. Enos responding staff put ceramics and pottery together because they are treated differently in different sections; there was some internal inconsistencies; and in BU-1 and BU-2, there is a progression in what they can do with ceramics and pottery. Mr. Enos stated if they have a retail shop where they sell ceramics and pottery, and that is their only location, then this provision would allow them to do some production on site accessory to that sales. He noted they could have a kiln in the back room but it would not be a manufacturing operation where they would provide wholesale products to many retailers. Commissioner O'Brien stated staff is trying to say they can fire and glaze or fix and paint something but cannot make the product there, but the ordinance does not say that; and it should be a commercial use with no kiln on site or a production site with a kiln, because if they are allowed to fire a kiln, they could produce products.

Vice Chairman Scarborough stated this is the first reading for the ordinance; the final hearing is scheduled for February 20, 2001; it may not be adopted in its current form; and staff needs to work with each Commissioner before the final hearing and put it on the agenda for discussion if there is a lot of disagreement. He inquired if it is advertised broadly enough to be tweaked; with County Attorney Scott Knox responding affirmatively. Vice Chairman Scarborough requested a motion to move the ordinance to the final hearing; with Commissioner O'Brien responding it needs to be discussed. Vice Chairman Scarborough stated the Board does not have to discuss it in detail today; he asked staff to work with each Commissioner and put it back on the agenda before February 20, 2001 if consensus is needed; he has a lot of concerns, and other Commissioners may also; and they can do that independently, and staff can put the changes in a memo. Commissioner Higgs stated it is her intent to bring up the issue of additional building height at the final hearing and move to remove it. Commissioner O'Brien stated it was on the Agenda and he came prepared to discuss it today; and sending it back to staff will leave only one shot at it at the final hearing; with Vice Chairman Scarborough responding staff will put it on the Agenda in January if there are problems and bring back a new draft; and suggested Commissioner O'Brien work with staff to get his ideas incorporated. Commissioner Colon stated it is important to have briefings so Commissioners can zero in on issues and staff can be prepared. Vice Chairman Scarborough stated at the briefings Commissioners can make suggestions that would be incorporated in the amended ordinance; and if there are fundamental disagreements, the ordinance could be put on the agenda for further discussion prior to the final hearing.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to move an ordinance eliminating use inconsistencies in commercial and industrial zoning classifications to the final public hearing on February 20, 2001; request each Commissioner send concerns to staff; and instruct staff to redraft the ordinance and, if necessary, put it on the Agenda before February 20, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: APPEAL TO COMPREHENSIVE PLAN CONSERVATION
ELEMENT PROVISIONS AND CORRESPONDING SECTION OF SURFACE WATER
PROTECTION ORDINANCE - STEPHEN A. CRESS

Vice Chairman Scarborough called for the public hearing to consider an appeal from Stephen A. Cress to the Comprehensive Plan Conservation Element provisions and corresponding section of the Surface Water Protection Ordinance.

Stephen Cress advised in March, 2000, he applied for a building permit for a woodshop at his home; the permit was granted and the building was built; it is fairly close to a protected area with mangroves; and he built a 24-inch landscape wall between the natural area and part of his yard to keep the alligators out and because he puts chemicals on that side of the yard and wanted to prevent the runoff into the Indian River Lagoon. He stated at the end of the street is a wildlife preserve area; and one of his dogs was eaten by an alligator that came into his yard from the mangrove area. He stated he called the Florida Extension Office to give him some ideas on what he could do to prevent water runoff into the Indian River Lagoon which is on the front side of his home; and presented pictures to the Board of the area. Mr. Cress stated he does everything he can to enhance the area as far as the wildlife is concerned; he built bird houses and nesting boxes for blue herons and osprey; the problem stemmed from an altercation between one of his family members and a neighbor who called seven departments in the State and County while he was doing the construction to come out and say he was in violation of many Codes, which he was not except for one; and when that was brought to his attention, he applied for a permit to construct the wall even though his building permit for the shed said the landscape was exempt. He stated the permit for the wall was denied; he went before the Land Planning Agency and they agreed to get him to this point; he has done nothing to adversely affect the environment; and what he has done has been for the betterment of the environment and the mangroves. He stated the photos show the substantial amount of vegetation he planted without damage because he did not cut anything when he constructed the wall; there is a question of 25 to 28 feet of the wall that is within the 25-foot buffer; the wall cannot be seen from the water; but there is an area in question; and requested that the wall be allowed to remain.

Commissioner O'Brien advised the paperwork says a setback reduction is allowable for the primary structure, but the landscape wall is not listed as an approved accessory use; there is one that says walls have been permitted when erosion is significant and there are mangroves in the immediate shoreline; and Mr. Cress has a lot of mangroves on his entire shoreline except for the walkway to the dock. He stated under Policy 3.4.b., staff said the wall did not impact the natural vegetation along the shoreline; the mangroves were not disturbed as part of the wall construction; and staff believes the wall provides stormwater retention; therefore it is not adversely impacting water quality or the natural habitat. Commissioner O'Brien stated under Section 52-3668, staff's analysis says the applicant's wall has some function as a stormwater retention system and in so doing, holds back fertilizer used on the lawn, and keeps the soil from eroding into the river or canal. He stated he has been to Milford Point which is a nice street with lovely homes; Mr. Cress said the wall was to deter alligators, but there are other positive aspects which are more important such as surface water impoundment and reduction of erosion; and it is in the best public interest because it will prevent silting of the canal that leads to the river and retain water runoff. He stated staff said it is a minor encroachment; and he will move to make a finding of public interest and overturn denial.

Motion by Commissioner O'Brien, to determine the landscape wall constructed by Stephen Cress is in the best public interest because it serves as a water retention area and prevents further erosion and silting of the canal; and overturn denial of the permit by Natural Resources Management Division.

Vice Chairman Scarborough called for a second to the motion; and hearing none, declared the motion died for lack of a second.

Vice Chairman Scarborough inquired what is required to find best public interest; with County Attorney Scott Knox responding a public interest determination is left to the discretion of the Board which would weigh factors such as impact on the lagoon, runoff, and anything that would be significant to protect the environmental concerns. Vice Chairman Scarborough inquired if it has to be something that accrues to the public in an environmental sense; with Mr. Knox responding yes.

Commissioner Higgs stated the Code states there is a 50-foot buffer from the lagoon on construction, and lists specific things that are allowed there; if a lot was platted before a certain time, there is some provision for a change to less than 50 feet; but in this case, the applicant has gone further into the buffer, and the public interest is preservation of the lagoon. She stated there is no erosion at the site; there are no provisions for permitting this kind of wall within the shoreline protection buffer; and she does not see any significant public interest to be protected by allowing the wall or other walls to be there. She stated her concern is setting a precedent that allows construction within the buffer to the lagoon; the public interest is served by the buffer; and it is not served by allowing people to go forward with permits and construct things then retroactively say it is okay.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to make a determination that finds no public interest by allowing the landscape wall constructed by Stephen Cress to encroach in the shoreline protection buffer. Motion carried and ordered; Commissioner O'Brien voted nay.

Commissioner O'Brien stated the property is small and narrow at the point; denial means Mr. Cress will have to tear out the wall and try to save his property; he has done a public interest in stopping further erosion of his property into the mangroves; and the Board is doing a disservice, so he voted against the motion.

Assistant County Manager Stephen Peffer inquired if the Board would consider some way to offset this problem through another action Mr. Cress might be able to take in compensation or mitigation; with Vice Chairman Scarborough responding he would be interested in looking at something, but if the Board sends the wrong signal and creates a precedent that it does not care about its rules, it could become very dangerous. He stated if Commissioner O'Brien wants to discuss it with Mr. Cress and bring it back at a later date, that is a possibility; but Commissioner O'Brien needs to be mindful that the Board does not want to create a precedent and whatever is done has to be with an overall public interest in close alignment of the rules.

Motion by Commissioner O'Brien, to waive Code Enforcement actions until they come up with something that is workable and bring it back to the Board in February, 2001. Motion died for lack of a second.

*Chairman Carlson's presence was noted at this time.

REPORT, RE: MEETING WITH THE GOVERNOR AND CABINET

Chairman Carlson advised the City of Melbourne Council members and she accepted a Resolution from the Governor and Cabinet, which Senator-elect Bill Nelson read; they talked about space and the high-tech community in a positive manner; and she was impressed with the focus on Brevard County. She read portions of the State Resolution as follows: "Whereas, before the pilgrims landed on Plymouth Rock, Juan Ponce DeLeon set foot on the point of land named Cape Canaveral; and Whereas, the Cape Canaveral area from which man's most daring ventures into space have been launched is home to the Kennedy Space Center and Cape Canaveral Air Force Station in Brevard County; and Whereas, Brevard County is one of the most technology heavy workforces in the nation with more than 10% of Brevard's private sector workforce and high tech firms ranking the Space Coast 8th in the nation; and Whereas, the City of Melbourne and Brevard County resulted from a merger of the separate communities of Melbourne and Eau Gallie under a common charter on July 15, 1969, and is located on the East Central Florida's Space Coast with a small portion on the barrier island; and Whereas, Melbourne was an official host city of the 1996 Olympic torch relay which symbolized the competitive and unified spirit of the Olympic games; and Whereas, the Melbourne metropolitan area has been ranked as one of the most affordable in the nation by the National Association of Homebuilders and was rated 7th among medium size southern communities on the best places survey conducted by the 1998 Money Magazine." Chairman Carlson stated there were a lot of people at the meeting; and she appreciated all the positive comments about the County. She requested the Resolution be framed and put in a prominent place; and noted they will be at Wells Park from noon until 2 p.m. today; and encouraged people to go out and meet their representatives and the Governor.

Commissioner Higgs advised Senator-elect Nelson and Mrs. Nelson have been in the community over the weekend and had a number of events where they met with residents; and Brevard County is lucky to have a U.S. Senator from District 3, which will be their permanent residence although they will also reside in Washington, D.C.

Commissioner Scarborough advised he hopes that the Board will invite Senator-elect Nelson to come and make presentations from time to time as it does with Congressman Weldon.

Commissioner Colon stated since there was reference to where everyone lives, she would like to bring up the fact that Congressman Weldon is from Palm Bay.

PUBLIC HEARING, RE: DETERMINATION OF SUBSTANTIAL DEVIATION AND
CONSIDERATION OF PROPOSED CHANGES TO DEVELOPMENT ORDER FOR
VIERA DRI NOTICE OF PROPOSED CHANGE #9

Chairman Carlson called for the public hearing to consider a determination of substantial deviation and proposed changes to the Development Order for Viera DRI Notice of Proposed Change #9.

Carey Hayo with the Planning Firm of Glatting, Jackson, representing The Viera Company, advised the request is for non-substantial changes to the Viera DRI; since the original approval in 1990, they have come almost on an annual basis to ask for slight amendments to the DRI; this change is #9; and she will highlight the changes proposed. She stated there are four types of changes; the first involves land uses and Map H; and they requested exchange of uses between certain parcels where they see a need to respond to market conditions and users. She stated a major change in the land use category is to move the regional park from its location on Parcel 9, which is further west in the development, to Parcel 7, which is further east along the Interstate, where there is currently infrastructure available to serve that site and to accommodate the timing for development of the park. She noted other items are truing up of acreages and square footages, which are very minor. She advised the result of the first category of changes is no change to the total approved amount of land use for each category approved in the DRI; there is no change in the number of trips that will be produced by the exchanges of land uses; and they are non-substantial in nature. Ms. Hayo advised the second category of changes involves minor changes to phasing to accommodate current building needs primarily in the residential area; and they moved some residential units into the first phase and reduced the number of residential units in the second phase to balance that out. She stated the overall result is no change in the build-out date of the DRI, no change in the phasing dates of the DRI, and no change in the total build-out program that has been approved for each of the phases. Ms. Hayo advised the third category of changes relates to a matrix approved in the Development Order that allows exchanges between office and commercial uses; they are requesting to add the ability to exchange multifamily for single-family uses and vice versa within certain parameters; those are the only two uses that can be traded out for each other; and the exchanges are limited geographically, so it can only change from the east side to the east side and the west side to the west side of I-95. She stated those exchanges are limited to the same number of trips that were approved for those types of uses and the build-out caps by phase; and the result is that the change is not substantial in nature. Ms. Hayo advised the final and fourth category of changes are to the Development Order; those fall into a variety of categories; the first is housekeeping items where they are asking to remove a certain Development Order condition because the condition has already been met and does not have to be in the development order or that external conditions have changed. She noted, for example, A. Duda & Sons sold a lot of land west of the DRI boundary to the St. Johns River Water Management District; and there were some conditions that related to that, which they are asking to remove. She stated they have conducted an annual traffic monitoring and modeling study required by the Development Order; they identified all the specific improvements that are needed to build-out the first phase of the project to fully mitigate phase 1 which are listed in the Development Order; and that identifies certain improvements that the developer will cause to have in place by September, 2003. Ms. Hayo advised, prior to completing the first phase, and before entering into the second phase proposed as being in the year 2004, the developer will prepare another traffic monitoring and modeling study that projects out trips and needed improvements for the next five years. She stated they are asking, after they prepare the study in 2004, that rather than monitor and model traffic every year as currently required in the Development Order, they have the ability to monitor every other year so the pace of the monitoring and modeling is more consistent with the pace of development that is occurring at Viera. She stated another topic is water quality monitoring; the Development Order currently requires they monitor water quality every year and do three samplings during the year; they have had eight years of good results; the Development Order condition is more stringent than anything in their Water Management District permit; so they are asking they be allowed to monitor water quality every three years. She stated at the LPA meeting staff proposed alternate language requiring they monitor every two years under certain conditions; they agreed to that at the time; but would like to propose an addition to that language to clarify it. She recommended after the word "elicit", adding "or unusual discharge not associated with the normal operation and function of the stormwater system." She noted they reviewed it with staff who is in agreement with it and believes it clarifies it more. She requested they be allowed to work with staff in the coming months to update and revise the location of the monitoring stations onsite to more accurately reflect the location of where development is occurring; and that may need to change over time as location of development changes over the next 20 years. Ms. Hayo advised Condition 52 concerns various transit alternatives; and they are proposing language that states the developer shall cause coordination of a variety of activities dealing with ride-sharing and vanpooling, distribution of information, education, and awareness about alternate modes of transportation. She stated the language they are proposing takes the responsibility of promoting and coordinating the multi-mode of transportation alternatives from an independent TMA that is currently listed in the Development Order condition, an independent body that would have been created, and places it directly on the developer, making it their responsibility to conduct those activities and cause them to happen. She stated the change maintains the intent of the Development Order condition; and it continues to mandate the outcome of promoting other modes of transportation, reducing trips on the roads, building of additional lanes of roads while allowing the developer the flexibility to implement the condition that they feel is a more effective process. She stated they talked to staff about placing the duties of the transit demand management on the master property owners association.

Chairman Carlson advised Ms. Hayo's time is up; and inquired if the Board wished to grant additional time.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant additional time for Ms. Hayo to complete her presentation. Motion carried and ordered unanimously.

Ms. Hayo advised the residents and commercial property owners are members of the master property owners association; the developer continues to have a tremendous incentive to carry out the duties; no matter what entity, whether it is the homeowners association or some other entity in the future that carries out the TDM duties, it clearly is ultimately the developer's responsibility to ensure the condition is met; and they feel that is very clear in the condition. She stated in that way, all costs will be shared by all users; and the covenants between the developer and master homeowners association, which they do not have at this time, will have to be changed to include the list of all the TDM items listed on the Development Order condition. She noted they have concurrence with staff and the County Attorney on the new language; and they have concurrence on the entire project from Department of Transportation, Department of Community Affairs, and the East Central Florida Regional Planning Council. She thanked staff for working so hard with them on all the changes; and stated she will be available to answer any questions.

Commissioner Higgs advised page 14, Condition 41 says, "Notwithstanding any other provisions of this Development Order, the Viera DRI shall be permitted to alter or combine sequential transportation." She stated it goes on to talk about construction of the regional mall, the Veterans Hospital Center, or single user in excess of the external trips; and requested an explanation. Ms. Hayo stated it is not an addition and is simply moving the language from one condition to another; and it is an approved part of a condition. Ms. Hayo stated it is currently in Condition 39 and is being moved to Condition 41. Commissioner Higgs inquired if no matter what else is in there, they can proceed to do that; with Ms. Hayo responding yes.

Commissioner Scarborough stated the LPA addressed the water sampling and wanted to go to every other year; and inquired how much does it cost to do the sampling and why is it an issue; with Ms. Hayo responding the cost every year is around $7,500, so it is not a huge cost, but when added to the monitoring and modeling study, which is about $50,000 to $60,000 a year, and consultant fees, it is substantial. She stated The Viera Company is seeking to have more parity with other developers; and obviously, they are a DRI and have conditions that other developers do not have. Commissioner Scarborough stated staff said other DRI's have water sampling four times a year every year, so parity would indicate an increase rather than a decrease of the sampling. Ms. Hayo stated that is parity with other DRI developers; with Commissioner Scarborough responding it is a DRI in an area that directly affects the St. Johns River. Ms. Hayo stated some of the other projects are closer physically to important water bodies; they are not that close; and there has been concern about the frequency of the sampling. Commissioner Scarborough stated that is causing a problem for him.

Chairman Carlson advised she has four areas of concern, two of which can be answered quickly, and the other two are water monitoring and the TMA. She stated the first is Condition 20 which says the applicant may provide for offsite mitigation of wetlands impacts as authorized by Brevard County's local Comprehensive Plan and other permitting agencies with jurisdictions; and inquired if that means outside of the DRI or do they have to mitigate within the DRI. Natural Resources Management Supervisor Debbie Coles advised they are talking about outside of the DRI; they have no plans at this time to do that; but they wanted the ability to if they had to go outside the DRI with their mitigation. Chairman Carlson stated the St. Johns River Water Management District has a policy to keep it within the system where the mitigation is occurring; and her concern is whether it is going into a mitigation bank and be used in another community and not in Brevard County. Ms. Coles stated the Board's policy is it either be within 15 miles or within the County, so they would have to keep under that standard. Chairman Carlson inquired if staff feels comfortable with the language; with Ms. Coles responding she has no problem with it. Ms. Hayo stated when it was done originally, all the agencies encouraged onsite mitigation; and techniques and methods have changed dramatically since then, so they would like to be able to take advantage of the new opportunities and methods. Chairman Carlson advised Condition 29A is the water monitoring; given Ms. Hayo's comment on parity, the Board should increase the number of water samplings; The Great Outdoors DRI, which is close to the St. Johns River, monitors four times a year; and requested staff's comfort level with a compromise of the language given to the Board. Drainage and Surface Water Improvements Director Ron Jones advised review of the monitoring that has been performed to date indicates no significant deviations from State standards or from anticipated results from similar stormwater treatment systems; and it is the pleasure of the Board whether it wishes to keep the condition in place or change it. He stated staff would not object to changing it to every other year; and the language added is consistent with what staff is trying to capture, which is not as a result of some unusual circumstances, such as spills or illegal discharges to the stormwater system, and that it revert back to the yearly monitoring. Chairman Carlson stated what is not qualified is the number of tests per year; with Mr. Jones responding it requires three times per monitoring year. Chairman Carlson stated she can accept that as a compromise since there has been eight years of clean results and it would revert back to the old way if any discharge is found.

Commissioner Scarborough stated he noticed how rapidly they developed on the east side of I-95; there has been less impact on the west side and will have less impact until development moves there; so he is not inclined to relax the standards and will not vote for it.

Commissioner O'Brien stated reducing Condition 29 to once every two years is fine at this time, but as growth occurs in Viera, it is not the question of whether the model or water quality parameters change, it is adding more houses, buildings, people, fertilizers, etc.; and that is when monitoring should be returned to a yearly basis. He stated right now the water quality has not changed because there has been very little growth on the west side of I-95; and inquired about the water from Suntree coming through Viera. Hassan Kamal, BSE Consultants, advised a good portion of the drainage from Suntree north of Wickham Road does go through the Viera system south of Wickham Road; and a good portion of the drainage from Suntree and Baytree discharges under I-95 into a series of agricultural canals and works its way west out towards the St. Johns River. Commissioner O'Brien inquired if the developer monitors the water from Suntree and Baytree; with Mr. Kamal responding anything that goes through the canal is monitored as they do not have a way to separate the water. Mr. Kamal advised the majority of the current monitoring stations are set up immediately west of I-95, so it picks up whatever goes through the system, which includes water from offsite areas such as Suntree, Indian River Colony Club, and others along their eastern property boundary.

Commissioner Higgs inquired, regarding changes on monitoring and modeling traffic, TMA, and the phrase she brought up earlier, "Notwithstanding any other provisions. . ." being moved from Condition 39 to Condition 41, and that they can develop the regional mall, are there negative impacts to the basic premise on which the DRI was approved five or six years ago, which is the internal capturing of trips and paying for infrastructure development. Transportation Planning Director Bob Kamm advised it is his recollection that the regional mall was part of the original development plan; and it was a substantial deviation, but it has been in there for several years, so the roadway network within the Viera DRI has been analyzed and evaluated with the mall in place. He stated the ultimate build-out condition reflects the mall; the monitoring and modeling that they will be doing, even though it will not be as frequent, will still capture and measure the traffic flows; so the County should be able to identify any deficiencies well in advance of becoming a serious problem. He stated the proposed changes identify specific improvements that The Viera Company will undertake over the next few years; the regional mall and its ability to work effectively within the Central Brevard area is tied to the Viera interchange on I-95; they need to have the interchange in order to make the mall work; and if there is not an interchange, then the traffic going to the mall will be on the local road system which would not be an effective way to handle it. He stated there is a definite link between the mall development and the need for the interchange; one of the features of the development is the different types of land use activities in very close proximity of each other; and it is not as sprawled out as originally proposed. Mr. Kamm stated the idea of getting residential and commercial land uses in close proximity of each other reduces the amount of trips that need to occur; it is easier for people to get around and they can use other modes of transportation besides their cars much easier because of the way the land use is planned; so the way it is planned together as an integrated unit is what is largely responsible for any reduction in overall trip generation from the development relative to another development that is occurring piece-by-piece. He stated there are other features in the program that are going to be major trip generators and will need special treatment on the roadway system; but overall, the development is such that it does not generate as much traffic as a comparable development that is not planned in the same manner. Commissioner Higgs inquired if Mr. Kamm sees anything, from a traffic standpoint, in what is being proposed today in terms of changing that gets away from the basic idea that the trips will be captured, that the land use is coordinated, and the original purpose is not depleted; with Mr. Kamm responding staff works very closely with the consultant staff and Viera Company to ensure that it is not happening and it is not out of balance, and that there is a relationship between the development program and timing, phasing, and location of the improvements; and staff is satisfied they are still meeting the objective and is comfortable with that.

Chairman Carlson inquired if staff is comfortable taking out the TMA completely; with Mr. Kamm responding they are not taking it out or changing the objective or function, but changing the organization; they are modifying the administrative aspects of it; so it will still be in place although in a different guise and location in the organization and the objective will still be met. Chairman Carlson stated when the LPA discussed the issue, it agreed to transfer the responsibility for the TMA to the property owners association and have it revert back to the developer if something went wrong; and inquired if staff is comfortable with that; with Planning and Zoning Director Mel Scott responding staff has always focused on the outcomes of the TMA and defers judgment to the Board in determining the appropriateness or inappropriateness of the property owners association having an increased participation in that function. Chairman Carlson stated in staff's comments addressing this item, there was an issue of lack of County control if it is given to the association, even with the clause that it will revert back to the developer; and inquired how is the County protected long term; with County Attorney Scott Knox responding if responsibility for those terms reside in the developer, the Board has the ability to go back and enforce those terms against the developer because the Development Order is enforceable by court order or whatever means the Board chooses to use; so if it is run back to the developer, that responsibility is always there; and if it is not carried out by the property owners association or some other entity they choose, the Board will always have the ability to go back to the developer. Chairman Carlson inquired if Mr. Knox is comfortable with that language; with Mr. Knox responding yes, if the language he was told about this morning, which relates back to the developer, is incorporated.

Commissioner Higgs stated she is concerned with the shift of the TMA to a different association with no input from the people who may be taking that responsibility; and she is not sure that is the way the Board should go.

Commissioner Scarborough stated the property owners association ultimately transfers from the developer to the property owners; they may or may not find it as significant as the developer would; and the developer has a vested interest in seeing that those things work because it would impact him cost-wise. He stated the association and the developer should be involved; to keep the developer involved is good for the County; and the developer benefits by seeing the concepts work. Commissioner Higgs stated it is shifting responsibility; the language inserted, "the developer shall cause. . .," is better language, but the County went into the DRI with the developer responsible and without the property owners association participating; and it does not work either. Commissioner Scarborough stated it is a way to tie them both into it. Chairman Carlson stated there needs to be a partnership; she is not comfortable giving it all to the association; but she is not sure how to tie them together. Commissioner Higgs stated it is not just homeowners, but commercial owners and property owners; they have a lot of responsibility; but she still has difficulty with the change.

Chairman Carlson stated the mandatory membership by all nonresidential entities within Viera sold after one year of adoption of the Development Order was struck out; the residential community is required to be a part of the association; now they are saying it is not mandatory for nonresidential entities; so it is not all property owners unless it has changed. Ms. Hayo stated according to The Viera Company, all owners of property at Viera are required to be members of the Masters Property Owners Association. Chairman Carlson inquired why mandatory was struck out; with Ms. Hayo responding because it related to mandatory membership in the TMA by nonresidential entities. Chairman Carlson inquired if it is duplicate language.

Chairman Carlson stated page 22, Condition 55, relates to grade separated crossings; staff's comments were the adopted Viera Bicycle and Pedestrian Master Plan calls for two grade separated crossings; one is at Viera Boulevard, which is in place, and the other is a sidewalk under I-95 on Wickham Road; and both have been constructed. She stated the East Central Florida Regional Planning Council's comments basically said it would be prudent to allow the condition to go away; and inquired, given there may be necessity for additional grade crossings, is the Board closing the door, and how easy would it be to open that door again. Planner Steve Swanke advised the East Central Florida Regional Planning Council's comments were made prior to Ms. Hayo showing staff the language in the Bicycle and Pedestrian Plan that contained their conclusions and recommendations regarding the grade separated crossings; and he does not think removing the condition precludes a future grade separated crossing from being developed. He stated currently they submitted their Bicycle and Pedestrian Master Plan that called for only two grade separated crossings; that was accepted in 1997 by Brevard County, the East Central Florida Regional Planning Council, and the City of Rockledge; so to that extent, they have completed that component of their plan. He stated unless the County can determine an additional need that is not being met, he has no problem with it. Mr. Kamm advised the Viera Master Plan calls for two additional crossings over I-95, one at Spyglass Boulevard and one at Viera Boulevard; those two bridges would have to be developed with full bicycle compatible facilities; so there would be other crossings east/west that would be built as part of the roadway improvements and not as separate facilities. Chairman Carlson inquired if the Board wants to handle the controversial conditions separately.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to keep the water quality sampling as is and make no changes. Motion carried and ordered unanimously.

Commissioner Higgs stated she is concerned about moving the TMA to another entity without participation by the entity and knowing what impact there may be. Chairman Carlson inquired if the Board wants to leave that as is. Commissioner Higgs inquired what would be the consequence of tabling the TMA provision; with Ms. Hayo responding after the meeting yesterday, there was some discomfort with that item; they would like to see the rest of the issues concluded today; and if it is okay with the Board and staff, they would like to request tabling the TMA item with the ability to continue working on it together to develop some language that makes everyone feel comfortable. Commissioner Higgs inquired if that can be done with a major application on the part of the developer; with Ms. Hayo responding they will be doing another application in the next few months.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table Condition 52 until March 6, 2001.

Commissioner O'Brien stated the Board is missing input from the property owners association on the TMA issue and he would like to see written confirmation that they were notified or at least be part of the process.

Mr. Scott recommended moving the package forward without Condition 52, and have it come back with NOPC #10 rather than tabling it to a time certain.

Chairman Carlson stated she would appreciate the maker of the motion leaving the grade separated crossing item in because of the potential of others being addressed in the future.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the determination of substantial deviation and changes to the Development Order for Viera DRI Notice of Proposed Change #9 with Condition 52 to be brought back in Notice of Proposed Change #10, removing Condition 55, and denying Condition 29A. Motion carried and ordered unanimously.

The meeting recessed at 10:35 a.m., and reconvened at 10:45 a.m.

DISCUSSION, RE: SENATOR H. S. WILLIAMS HOUSE

Parks and Recreation Director Charles Nelson advised the Williams House in Rockledge was acquired in the late 1980's as a Beach and Riverfront restoration project; the process to restore it fell apart in the early 1990's; they did some restoration work to improve the foundation and replace the roof; but no additional work was done. He stated in the last year they attempted to locate an organization to undertake the restoration and received no interest, so they came to the Board with the option of selling the home; and a group made a presentation and asked the Board to give them time to put together a foundation to do the restoration. He noted today the group will make a presentation relating to how the restoration would be accomplished.

Carole Pope advised on August 29, 2000, they asked the Board to delay the sale and give them time to make a plan; and they have more than a plan, and are ready to go to work. She stated the community support was unbelievable; they promised to put together an organization dedicated solely to accomplishing the project; the project is very large, almost too large for any other organization to take on and still continue their work; but they have incorporated under Preservation and Education Trust, Inc., with its main motto to preserve the past and educate the future. She advised they said they would involve the community; the group of advisors shows the community involvement; and they surveyed schools, talked to travel professionals, interviewed museum professionals, and took special courses. She stated they also have involvement from the construction community and wonderful support from contractors; professionals in the construction industry feel $449,000 of needed work is a high estimate; but they have the luxury of getting a lot of volunteer work, supplies, and donations, so they will work with those figures and included that in the report to show what was done in the past. Ms. Pope advised they cannot guarantee they will get grants, but she has observed the grant cycles; what the preservation board looks for is professionalism, the organization, and community support; and they feel they have that. She noted the grant request will be ready by Friday if the Board approves their request today; they are ready to apply for a small matching grant from the Bureau of Historic Preservation to replace the windows that have aluminum awnings, which are inappropriate, and to repair some of the plaster that has been falling. She stated applying for grants involves a degree of professionalism; they are fortunate to have a museum professional working closely with them, Kristen Harris, who has training from the Smithsonian Museum as well as internship at the Norton Museum in Palm Beach and other facilities. She stated they are confident they will be very competitive with applying for grants; the house received grants in the past; but they will be even more successful because they are dedicating themselves to the project. Ms. Pope advised if the Board approves their request after the grant request in December, they have full intentions of requesting a special category grant for about $350,000, which would go in May, 2001; the grant they plan to submit on Friday will not be rated until February, 2001, and the money will not be available until July, 2001; the special category grant is due by May 31, 2001, and will be rated in September, 2001; and the money will not be available until July, 2002. She stated it gives them a lot of lead time to plan; they are going to involve the educational community; they have to inventory and assess all the artifacts; the granddaughter of Hiram Smith Williams lives next door, and is willing to let them use and perhaps donate a lot of the original artifacts of the house; and it also gives the Board a lot of lead time to study their efforts. She stated the Board will be able to get reports, and they expect the Parks and Recreation Department to review their books to see how they are progressing; there is no obligation on the County's part at this time; and if they are successful with the small grant, it still does not preclude the Board from saying they do not like what is being done and will sell the property. She stated the only criteria that may apply would be in 2002, if they accept the special category grant; there will be a restriction on the property for ten years; but the Board has two years of lead time to have a feel-safe zone and know whether or not they are doing the right thing for the community. Ms. Pope advised they looked at business plans of other museums and put together a business plan; they received expert comments from museum planners; they went to the National Trust and Florida Bureau of Historic Preservation and obtained ideas from them as to what they should incorporate and how they should do it; and the main thing is how they will operate from year to year. She stated they went to the Tourist Development Council because they are going to depend on visitors as well as local people; they found that 8% of visitors to Brevard County want to visit historical or cultural sites; and those sites are not even marketed. She stated the official travel brochures say very little about cultural or historical sites; so they intend to change that. She stated they were heartened to learn about the Scenic Highway Program that is being developed; they developed their statistics based on that because the house is now mentioned on that Scenic Highway Program as a potential place to visit as a side trip; the street is not mentioned as a scenic highway, but it is mentioned as a side trip that will be open to the public as a house museum; and that was not their doing, but what the County has been publishing for a long time. Ms. Pope stated the Board has funded the Guide to Historical Landmarks in Brevard County; it is put out by the Brevard County Historical Commission and describes the Williams House as Site #26, and the historical importance of it; and it says, "The house was purchased by Brevard County in 1989 through Beach and Riverfront Acquisition Program and is being restored as a historic home for the public." She stated it is also being publicized in the Tour of the Space Coast; it does not specifically mention it, but it has a picture of the house; and it also shows why they need to replace the awning windows, because it is not a good advertisement for preservation in Brevard County. She noted the business plan is for the Board's review; and she will answer any questions about it. Ms. Pope advised they are asking that the Board stop the sale of the house, accept the proposed management plan for the restoration, and authorize staff to prepare a lease agreement with the Preservation and Education Trust. She stated they do not want maintenance; they want to do it historically correct; and all they are asking the Board to do is continue to pay the electric bill and mow the grass for one year. She stated they anticipate having landscaping done even though they will be under restoration at that time; they would also like authorization for the Trust to apply for a $30,000 grant on Friday, and need a letter of support from the Board no later than Thursday because it is the owner of the property; and they want the Board to authorize the Trust to start with the individual listing on the National Register of Historic Places. She stated the house has not been placed on the National Register; it is a contributing structure in a historic district; all of Rockledge Drive and several side streets are part of a historic district; and they would like to move forward with an individual listing on the National Register so that it is recognized for its historic importance. She thanked Parks and Recreation staff; and noted they would like to continue working with them to take advance of all the documents. Ms. Pope advised a lot of the planning has been paid for; a lot of the architectural surveys and site plans were done; their vision is basically the same as the Board's vision; and they will respect the neighborhood and plan for the parking to be toward the center away from the side lot lines to protect the neighborhood. She thanked Chuck Nelson, Marsha Cantrell, Cathy Lively and all the staff at the Parks and Recreation Department. She stated she would not feel confident about this project if it was not for one of the best Bureau of Historic Preservations in the United States; they are ready to help; they are professionals; and they will support a good organization. She noted one of those people have come from Tallahassee today, David Ferro, who is the supervisor of the preservation architects; he went through the house and gave comments on what they need to do; and he is here to talk to the Board.

David Ferro, Florida Division of Historical Resources, Deputy State Historic Preservation Officer, advised he supervises the Architectural Services Section of the State's Bureau of Historic Preservation, and is here on behalf of the Department of State, Division of Historical Resources, to encourage the Board's support of the proposal. He stated they are interested in the Williams House because of the pivotal role it plays in the integrity of Rockledge Drive's Historical District; and it is currently listed in the National Register. He stated they feel, because of the importance of Senator Williams in the formative years of this community, it is eligible for the National Register on an individual basis; and it is a very important historic property. He stated they looked at the plan proposed by the Preservation and Education Trust and were very impressed; those people are really dedicated and have done a great deal of work; the plan is clear, and addresses community concerns about traffic and activities that may disrupt the peaceful quality of that Rockledge neighborhood up front; and the organization has built important partnerships that are going to be critical to the success of the endeavors. He noted those partners include Brevard Community College, the Florida Historical Society, his organization, the School District and others; the organization has demonstrated how the proposed living history program will compliment existing secondary education curriculum; and it also presented a clear understanding and intention to restore, develop, and manage the property on a professional basis, adhering to the highest historic preservation and museum standards. Mr. Ferro advised they also demonstrated a great deal of sense in acknowledging that there has been important planning done; there is no sense in reinventing the wheel, and will make use of those plans that were paid for and are on paper; and the construction budget seems like it may be high, but it is in the range of that type of project. He stated the Williams House is actually in a lot better shape than many of the buildings they assisted through their preservation grant-in-aid program; it is a 1880's Queen Anne house with virtually all of its interior ornamentation, moldings, and original finishes, and very little alteration; and it is a museum quality house as it stands right now. He noted if they can get the windows changed out, the Board could almost open the doors and begin sharing the property with the community. Mr. Ferro advised the marketing plan seems to be based on sound reasoning; they had experience in projects where the marketing plan was an afterthought and did not work out; and he is happy to see that is not the case here. He stated the grant funding that would be available through the Department of State's Historic Preservation Grant-in-aid Program is consistent with the level of award that has been provided within the last six years to projects of similar nature; it is their opinion that the project can be highly competitive; but their grant program is not a sure thing and is a highly competitive process. He advised last year there were over 100 applicants for the special category program; this year's legislative budget request includes 76 projects of the 100, with a request totaling over $15 million; and that is higher than they received last year for 72 projects. He stated Florida has been the most successful state in the country in providing preservation dollars for this type of project; the typical award is around $250,000 in the special category program; but those awards range from $50,000 to $450,000; so the request that is indicated in the application is right in there. He stated other grant funding through their Division would be available for museum operations, development of exhibits, etc.; this is a win/win situation; he was here ten years ago when the County acquired the property and was asked to go through it; and subsequently, they were able to provide a couple of small grants to help with the planning. He stated the County was in line for a major grant the year the grant program was rather slim; and that hurt a lot of projects. He stated they had to put things on hold; and they expected the project back again, but they did not receive it. Mr. Ferro stated it is a win/win situation, because the County initiated project that has languished for nearly a decade, will be realized now; the cost to the County will be modest; an important tangible link with not only Rockledge, but Brevard County will be preserved and protected for education and enjoyment of citizens and visitors; and on behalf of the Department of State, he urges the Board's strong support for the proposal.

Chairman Carlson inquired if the Williams House grant application got high marks several years ago; with Mr. Ferro responding it was the County's application for restoration of the Williams House. Chairman Carlson thanked Mr. Ferro from coming and supporting the project.

Kristen Harris, Preservation and Education Trust, presented Christmas ornaments of what the Williams House looked like in 1894 to the Commissioners. She advised of her background in museums, and noted she compiled the education part of the proposal. She stated they would like the Williams House to be focused on studies of Florida history and of Brevard County; the standards for Brevard County social studies hits and targets not only fourth grade, but higher grade levels; and she documented each of those in the packets given to the Board. She noted it includes before 1880 and after 1880, concerns with Civil War, and reasons immigrants came to Florida; for the 6th to 8th grades, they targeted Standards 4, 5 and 6; and she outlined those in the Board's profile. She stated additionally, they would like to target teens, youth, young adults and at-risk students; it is an up and coming interest for a lot of museums and house museums; it would target job corps program attendees that could work on the house as part of the training on construction skills; and the focus can be on team building skills and affecting change in one's neighborhood. She stated it can target alienated and unmotivated students; and additional students they elect to target would be the local community colleges and universities. She noted Meme Thomas, Executive Director from the WENDI Program, will speak later on their agreement with Brevard Community College. Ms. Harris stated heritage education is a relatively new idea for museums; instead of focusing on the exact objects, what they are trying to do is give the students an experience; the new challenge in museums has been to compete with computers and television and the fast pace style of life; and asked Amanda, a student, what she thinks about old books, fresh laundry and baking bread; and Amanda responded the books have been here longer, fresh laundry smells like laundry detergent, and baking bread makes the house smell good. Ms. Harris stated those are the things they are trying to target with living museums and living history; those are the things they cannot get in virtual reality; but that is the competition they have. She stated two years ago she attended a forum entitled "Reinventing the Museum"; that is the struggle museums are having; but that is something that house museums are not going to have that regular museums have. She stated they are also planning a virtual reality tour, something they can take into the schools; she hated museums and would rather play Charlie's Angels; but those are the things they would like to do with a house site museum. She stated they will add a museum trunk where they will take objects; they are also focusing on disabled students in the construction industry; and they have new objects made out of Styrofoam, and are doing sensory tours where they can study architectural design and objects, objects they cannot replace with a computer such as smells of things, fragrances, scents, etc. Ms. Harris advised they want the museum to be a member of the American Association of Museums, the Florida Association of Museums, and the Arts Federation Association, and have volunteers, staff and advisors trained in disaster preparedness; that is something museums use for their collections and facilities; and it is a training in emergency preparedness standards.

Sue Perry advised she is wearing a dress that probably was worn by Cornelia Williams when they first came to Brevard County; it is a morning dress with everything covered up; and her guests are members of the Canaveral Light Chapter of the United Daughters of the Confederacy. She stated they are aware of the home because Hiram Williams was a confederate soldier, but their interest in being here is in preserving and promoting the early history of Brevard County, which was the reconstruction era. She stated the group has pledged financial resources and time toward helping with the project. Ms. Perry stated she had a good time going out talking to clubs and visiting schools in the area; a query was sent to the schools asking teachers if they thought their classes could benefit from the project and what they could contribute to it; and she received delightful results. She stated a high school teacher from Melbourne High School told her she has students who intend on becoming civil engineers and architects; they are using the Auto CAD R-14 computer-aided program where they take what is on the drafting board and put it into the computer; and they are interested in working on this project. She stated they can do site plans, plot plans, and door and window schedules; and right now they are working on the parking lot of Melbourne High School, so the Board will have proof of what those students can do. Ms. Perry advised Gardendale Elementary students are researching the history of the post office; one of the first post offices in Brevard County was in the Williams House; the principal has a magnet theater group; and it is within her plan for the coming years to do a play about the Hiram Williams House and early history of Brevard County. She stated the gifted class at Columbia Elementary School came up with the idea of what did people do for recreation; so they are researching games and recreational activities of the people; and she talked to the sixth grade gifted class at Long Leaf Elementary and was amazed by the interest those children exhibited. She stated they asked if they could visit the house; it was arranged with the people from the Parks and Recreation Department; and they had a wonderful time, and have a presentation to make to the Board.

Virginia Hamilton advised she teaches gifted children with Janet Odom in the fourth through sixth grades; they call themselves Quest; they have the sixth graders working on the H. S. Williams House; and they would like to give their presentation. Mandy Carr, Amanda Graham, Clifton Roache, Amber Sherrer, Christina Cavasnic, Dana Foster, Lindsay Rogers, Michael Sciya, Matt Smith, Hillary Wilson, Amanda Barber, Brian Carmody, Brian Chekia, and John Bastella gave presentations on the flora and fauna at the house, the life of Mr. Williams, and the interview with Ms. Rainwater, granddaughter of Mr. Williams.

Meme Thomas, Director of Brevard Community College WENDI Program, stated she hopes when the sixth graders get to Brevard Community College (BCC), the old house is still there to help educate them; they may have older brothers and sisters who could attend the apprenticeship program at the College and help restore the old house; and when they are 16 they could go to the College with their parents and take continuing education courses and talk about restoration and old times. She stated when they are at BCC, they can take credit courses in social studies and history and learn more about the facts adding to what they already know about early Brevard County; and while at BCC, they can become members of the service learning and get credits by going back into the community as volunteers and can volunteer at the old house which should be restored and beautiful by then. She stated that is the next chapter for those students; and reminded the Board if it helps to preserve the past, it will educate the future.

Amber Forest, representing Brevard Heritage Council, advised the Council is a countywide organization that promotes preservation, restoration, maintenance and acquisition of important natural, scenic, historical, and architectural sites and structures; and they fulfill the mission by presentation of awards for restoration of historical structures, sponsorship of educational programs dealing with preservation in the schools and for the general public, providing walking tours of historic areas and homes, and other outreach programs. She stated they advocate restoration of the Williams House because Brevard County has very few historical sites which have been preserved; the developers wrecking ball has destroyed many of the area's historically significant structures; and they want the County to realize that even though they may not be the richest county in the State, they have a rich cultural heritage to be proud of. She stated they are not a group of transients on their way from somewhere to somewhere else; it is important that they not fall prey to the burn and move on mentality; this was once a wild untamed area settled by hardy pioneers; and Hiram Williams was one of those pioneers and paved the way for future generations to settle the wilderness. She stated they hope the Board will work towards full restoration and preservation of the property for the public good.

Nick Wynne, Executive Director of Florida Historical Society, advised it is the oldest existing cultural organization in the State, founded in 1956, and is headquartered in Brevard County. He stated he is the Executive Director of T Ebeau Field Library, located in the old post office building in Cocoa; and they have the third largest collection of rare Floridiana in the State. He stated he is also Executive Director of Roster House Foundation, and expect to open the house as a house museum in the next six to eight months. He stated the Florida Historical Society came to Brevard County in 1994; since that time, they have invested almost a million dollars in the community; the reason they came here was because they were excited about the possibilities; and this is one of the few non-exploited areas of the State where one can still see remnants of old Florida. He stated it is an area that offers tremendous possibilities for heritage tourism combined with eco-tourism. Mr. Wynne advised the TDC reflects 8% per year of its visitors interested in heritage tourism; that is a low figure; and studies published by various organizations that conduct that kind of activity say that heritage tourism in the long run produces more income for communities than any other kind of tourism, even the theme parks because the people come, see, stay, and buy. He stated since they opened the T Ebeau Field Library three years ago, the first year they had 14,500 visitors to see a collection of old books and small exhibits of local history; the second year, which was the year of the big fires, they still had over 10,000 visitors; and this year they had in excess of 18,000 people to date. He stated people come because history is important and they learn something; the 2000 Census will reveal that 80 to 85% of the people of Florida come from somewhere else; the elected leaders are not from Florida and do not have a Florida history background; and Florida is one of the few states that does not require instruction in Florida history as a condition of graduating from institutions of higher learning. He stated there is no program to teach Florida history or Florida heritage on a statewide basis; they have to rely on people to do that job locally; but in order to do that, they have to be given the tools. Mr. Wynne stated the Trust is a group of dedicated, bright, articulate, motivated, and sometimes vicious people; and urged the Board to give consideration to the project. He stated there is a need for heritage education in the County; Brevard Heritage Council conducted two all-day teaching seminars; the Library has accommodated school visitation groups; they had about 350 students last year; and they have volunteers who are proud of their heritage and what the County was, is, and can be, that they dedicated 40 to 50 hours a week to pass on local history. He stated the Board received a copy of Mr. Williams' Civil War Diary; he was a co-editor of that book; Mr. Williams was an articulate individual who was a typical Floridian; and advised of certain aspects of Mr. Williams life from New Jersey to Alabama to Florida and the books he wrote. He stated Mr. Williams deserves to have his legacy recognized; the Board paid for the property and invested in it; and now the Trust is saying let them make the investment pay off.

Chairman Carlson stated the Board shares the interest proposed; it likes to see the community get together on issues; and thanked the group for the hard work and effort. She stated it is important not to forget the past when looking into the future; and the Board owes it to the community to look at the past.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to stop the sale of the H. S. Williams House; accept the proposed management plan from the Preservation and Education Trust, Inc.; authorize staff to prepare a lease agreement with the Trust; authorize the Trust to apply for a grant of at least $30,000 and provide a letter of support for the grant; and authorize commencement of individual listing in the National Register of Historic Places.

Commissioner O'Brien advised 25,000 visitors a year is an ambitious amount; that equates to 500 a week or 71 a day at $4.00 per visitor to generate $100,000; and if the Trust does not get those numbers, it will have a terrible shortfall. He stated if it gets 10 a day, that is 70 a week or 3,740 a year which would generate $15,000; and based on the budget presented in the management plan, that would be a shortfall of $85,000. He stated the visitors to the Library in Cocoa is 18,000 so far and the year is almost over; and inquired what would happen if they had a shortfall of $85,000. Ms. Pope stated they tried to address that on page 14 of the proposal; an average of 25,000 visitors a year is based on the visitors experienced by the Brevard Museum of History in Cocoa and Museum of Art and Science in Melbourne; the Library is getting 18,000 visitors with limited display; so comparing those figures with the Williams House is like comparing apples to oranges. She stated they based it on the more museum type presentations and feel they will have two years of lead time before they are at the expensive level of $100,000 a year. She stated during this time, they will not sit idle and hope people will come; they will be marketing the house; she found out people love to watch the restoration; so the place will be open with restrictions. She noted they will not put anyone in jeopardy if there is activity that may not be safe; but they will allow people, at advertised times, to come on the site while they are doing the restoration work. Ms. Pope stated they are going to build that special audience; they are going to involve every school in the County and clone what has been successful; like the Brevard Zoo, if they get the children there, they get the parents; so they are looking at many different ways to generate visitors. She stated they also have a tour professional on their advisory board who gave them a lot of insight on how to target audiences; they have a limited amount of space, and do not want to hit 8% of the three million people who go to the Space Center; but there are ways to do it and it is a leap of faith. She stated she appreciates Commissioner O'Brien's concern, but one thing that will give a little assurance is they have $80,000 in pledges of monetary, professional in-kind support, and materials; and read a letter from Mark Rath Construction Company, as follows: "We are a plastering and masonry contractor in Brevard County and Palm Beach County, currently residing in beautiful Rockledge. Although we commute to various counties to do our work, our heart belongs in Rockledge. When we were offered an opportunity to become a part of the wonderful endeavor of restoring a piece of Brevard County history, we became very excited by the challenge. We have visited the Williams residence, which is right down the street from our own historic home. We see the potential that Preservation and Education Trust sees in this becoming a great teaching tool for our community. We plan to donate much to this project in any way we can, but primarily the plastering restoration to the first floor. We estimate approximately 250 hours needed to complete this project at a retail cost of $36 an hour." Ms. Pope stated that is the type of support they are generating, and hope that will give the Board some measure of confidence in what they are trying to do. Commissioner O'Brien stated there are 78,000 students in Brevard County; if the numbers are 20,000 students per year, in four years every student in Brevard County will have seen the house; and inquired what would happen then. He stated if they have a $50,000 shortfall, the Trust would come to the Board and ask for the $50,000; then every museum will be coming to the Board saying they need $100,000, which could cause a serious problem.

Chairman Carlson stated the idea is targeting certain age groups and grade levels so they will never run out of students in the County; she does not think the expectation of the group is to come back and ask for money; they want to stand on their own; and the Board is giving them the opportunity to do it and get things done. Commissioner O'Brien stated he supports the motion, but wanted to express his concerns.

Commissioner O'Brien advised Hiram Williams was born in West Bloomfield, New Jersey, in 1833; at age 17, he left his home at the foot of the Orange Mountains to enter upon the business of his life from a point in those mountains known as Eagle Rock; it is a wonderful place with a panoramic view of the villages of Bloomfield and Newark, Staten Island, Passaic and Hackensack Rivers, all in one glance of the eye; and his apprenticeship was in a one-horse shop in Newark, New Jersey.

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

Chairman Carlson thanked the Trust for all their hard work. Commissioner Colon thanked Mr. Ferro and the granddaughter of Mr. Williams. Commissioner Scarborough requested Ms. Rainwater be given an applause, and expressed appreciation for the presentations. Commissioner Higgs stated it is a civic lesson as well; two ladies came to the Board 60 days ago and wanted things to change; it shows how one or two people can make a difference; and requested everyone not forget that in local government, every person has a chance to make a difference.

The meeting recessed at 11:54 a.m., and reconvened at 12:04 p.m.

APPOINTMENTS, RE: CONTRACTOR'S LICENSING BOARD

Commissioner Scarborough advised he has not made his appointments or reappointments to the Contractor's Licensing Board. He stated the attendance records shows one person only attended 50% of the meetings; and inquired if he is no longer on the list; with Mr. Massey responding he is not.

Chairman Carlson inquired if the rule is after three unexcused absences; with Onnie Massey responding after two meetings missed, staff sends a letter to the Commissioner, then the three rule applies.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to appoint and/or reappoint Michael Wiedmann (roofing contractor), Mary Tees (not in construction business), Franklin T. Livingston (fire safety), Bud Crisafulli (residential contractor), Robert Morgans (plumbing contractor), Lena Nordell (residential contractor) Alternate, John Radencic (general contractor), John Nast (electrical contractor) Alternate, Ann Nicol (swimming pool contractor), Robert Hicks (general contractor), John Robinson (electrical), James Cundiff (not in construction business), Nick Witek (general contractor), and James Rodrigues (HARV contractor) to the Contractor's Licensing Board.

Commissioner O'Brien requested the Board receive the list of appointments at least two weeks earlier and before Thanksgiving because he did not have time to appoint his plumbing contractor. Mr. Massey stated they will do that. Chairman Carlson inquired if she was given the third person the last time; with Mr. Massey noting it is a new appointment.

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

STAFF REPORT, RE: HEALTH CARE RESPONSIBILITY ACT FUNDING

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Option 2, to allocate $92,793 for FY 00-01 and $141,386 for FY 01-02 to the expansion of the PATH Primary Health Care Clinics for North Brevard and South Brevard. Motion carried and ordered unanimously.

Commissioner O'Brien advised he asked staff to research how much sales tax was collected from Brevard County that is used for this funding, and how much came back to Brevard County; and he has not gotten a complete answer.

Assistant Housing and Human Services Director Gay Williams advised with the Board approving Option 2, in order to expedite the implementation of the clinic expansion, they would like to have approval of the amendment to the Contract with the Health Department to add the remaining $92,793 to the annual Agreement, and authorize the Chairman to execute the amendment.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize execution of a Contract Amendment with the Health Department to add the remaining $92,793 to the annual Contract. Motion carried and ordered unanimously. (See page for Amendment to Contract.)

APPOINTMENTS/REAPPOINTMENTS, RE: NORTH BREVARD HOSPITAL
DISTRICT BOARD

Pat Manning advised she was on the Hospital Board, but moved to Commissioner O'Brien's District and had to resign; however, she has moved back to Titusville, and is seeking to be appointed again.

John Jansen advised he is a Florida native; he met with all but one of the Commissioners; the Board has his application which is self-explanatory; and he hopes it will find his qualifications to be there in terms of educational, professional, and community involvement; and he looks forward to working with the current members of the Hospital Board and the Board of County Commissioners and to come back to the Board to report on the process of the Hospital Board.

Chairman Carlson advised the Board needs to make two appointments and has ten applications; it will rank the top four, and from that rank the top two. She noted one will be a Board appointment and the other will be a joint appointment of the County and the City of Titusville.

Commissioner Higgs inquired if the Board will rank four applicants for each seat; with Commissioner Scarborough responding he would like to do it as it was done the last time; it did the Board appointment, then came back and did it again. Commissioner Higgs inquired if the first one is for the Board's seat; with Commissioner Scarborough responding yes. Commissioner Higgs inquired if Mr. Pilate only wants to serve on the joint seat; with Management Services Director Stockton Whitten responding no, Mr. Pilate sent a letter notifying staff he was applying for either seat. Commissioner Higgs inquired if they have to rank them in order; with County Manager Tom Jenkins responding affirmatively. Commissioner Scarborough recommended Commissioners list their top preference first, Mr. Whitten calculate the votes while the Board goes on to the next item, then Mr. Whitten will read the results into the record.

Each Commissioner made their selections and provided Mr. Whitten with the information.

APPROVAL OF APPLICATION, RE: ADDITIONAL LINE OF CREDIT FOR COMMERCIAL
PAPER PROGRAM

County Manager Tom Jenkins advised the additional line of credit will allow staff to proceed with the Parks and Recreation projects. He noted what they are proposing in concert with Finance Director Stephen Burdett, is to start off with the commercial paper expansion and eventually go to permanent long-term bonding.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve application to First Union for a $30,000,000 line of credit for the Florida Local Government Finance Commission Pooled Commercial Paper Program; and authorize proceeding with the Financial Advisor and Bond Counsel to arrange the sale of bonds for $73,100,000 to permanently finance the Parks and Recreation referendum projects and any outstanding recreation commercial paper. Motion carried and ordered unanimously.

AUTHORIZATION TO RENEW COVERAGE WITH EXCESS, INC., RE: STOP LOSS
INSURANCE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize renewing the Contract with Excess, Inc. for stop loss insurance coverage effective January 1, 2001. Motion carried and ordered unanimously. (See page for Contract.)

DISCUSSION, RE: LaDREW v. BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve the Settlement Agreement and General Release with Julie LaDrew to settle the lawsuit in accordance with the decision made in the Executive Session. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE NO. 19-2000 FROM CITY OF COCOA,
RE: ANNEXATION OF PROPERTY

Commissioner Higgs advised there was an excellent article in the November/December Magazine from Quality Cities, League of Cities; and it contained annexation disputes in joint planning area agreements from Allison Yorko, who was the City Attorney with the City of Orlando. She stated the Board has very little to say regarding annexations; but there are excellent points in the article, three of which she would like to point out. She stated removal of 300 acres of industrial property from the County's use inventory has other impacts beyond industrial use; there are financial impacts to the County from annexations; and in this case, the County will lose $21,000 in MSTU dollars. She stated the Board should not overlook the impact on gas tax revenues; under current interlocal agreements with the cities, there are two factors that are considered in determining how much gas tax each entity would receive--population and expenditures; and in 1999, the County got 48.9% of those revenues, but in 2000 it will get 47.89% which is a difference of $74,500 in one year. Commissioner Higgs stated if the Board made the full shift that is allowable under the interlocal agreements, it can go no further than 47.14%; but that is $111,000 difference in gas tax revenues that come out of annexations. She noted the Board needs to understand the implications to its road building program and revenues for Road and Bridge. She stated franchise fees can change; it is used as a bonding source now; but if the Board cannot anticipate what the revenues are long term, those fees may not be used; and those are some impacts from annexations. She stated the item indicates Cidco Road is not going into the City with the annexation; and inquired if that is correct; with Planner Jim Ward responding the City has agreed to annex and assume maintenance of Cidco Road immediately adjacent to and bisecting the property being annexed. Commissioner Higgs stated the map shows it was drawn out; with Mr. Ward responding that is a graphical error; and the City will assume maintenance of that segment of Cidco Road.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to acknowledge receipt of Ordinance No. 19-2000 from the City of Cocoa, annexing approximately 300 acres of property in Sections 7, 17, and 18, Township 24S., Range 36E., immediately northwest of SR 528 and FEC intersection in the Cidco industrial area, which was found to have no inconsistencies with Chapter 171, Florida Statutes.

Commissioner Scarborough advised there has been a lot of jumps and jolts in the way the County deals with its cities; it needs to look at the cities as partners because what happens in the cities affects the overall general revenue flow; the County taxes the cities for part of its general revenue; and if cities prosper and property values increase, that adds to the overall County tax base. He stated he agrees the County needs to go through analyses and have more discussions on joint planning; but it also needs to have the most viable cities possible because viable cities make viable counties. Commissioner Higgs stated she is not speaking against the annexation, but in favor of joint planning agreements and the fact that there are impacts from annexations that may not be revealed on the surface.

Chairman Carlson advised staff has been working on getting joint planning agreement (JPA) with the City of Melbourne, but had some stumbling blocks because the City felt the agreements were getting diluted and the County was not willing to hammer in some of the issues. She stated the article outlines a checklist of items that may be appropriate for a JPA; and she is not sure staff is covering all those, but they can investigate that. Commissioner Higgs stated the Board needs to put more meat in those agreements so they are more than feel good kinds of things.

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

Mr. Whitten advised for the Board's appointment, Dr. Patricia Manning received 15 points, and Nathaniel Pilate received 12 points.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to appoint Patricia Manning as the Board's appointee to the North Brevard Hospital District Board, replacing E. Penny Farrar, with term expiring December 31, 2004. Motion carried and ordered unanimously.

Commissioner Scarborough advised Dr. Manning is a delightful person to work with; when she was on the School Board, every meeting he asked her to attend and work with the County on a joint effort, she was always available; and that is the type of person she is. He thanked her for her willingness to serve her community again.

Mr. Whitten advised the ranked order by Commissioners is as follows:

Commissioner Scarborough: (1) Pat Manning, (2) Nathaniel Pilate, (3) Bill Rushing, (4) Ilene Davis.
Commissioner O'Brien: (1) John Jansen, (2) Patricia Bell, (3) Joseph Glavan, (4) Nathaniel Pilate.
Commissioner Higgs: (1) Nathaniel Pilate, (2) Patricia Manning, (3) John Glavan, (4) Penny Farrar.
Commissioner Carlson: (1) Pat Manning, (2) Nathaniel Pilate, (3) John Glavan, (4) John Jansen.
Commissioner Colon: (1) Pat Manning, (2) Bill Rushing, (3) Joseph Glavan, (4) Nathaniel Pilate.

Mr. Jenkins advised some applicants only wanted to serve on the County seat and should not be considered for the joint appointment. Commissioner Scarborough inquired if Ilene Davis and John Jansen would not be on the list; with Mr. Whitten responding only the names in the second column should be considered.

Each Commissioner made their selections and provided the information to Mr. Whitten.

The meeting recessed at 12:30 p.m., and reconvened at 12:35 p.m.

Mr. Whitten advised for the joint seat Nathaniel Pilate received 16 points and Joseph Glavan received 11 points.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to reappoint Nathaniel Pilate to the North Brevard Hospital District Board with term expiring December 31, 2004, subject to confirmation from the City Council of Titusville. Motion carried and ordered unanimously.

Mr. Whitten advised the ranked order by Commissioners is as follows:

Commissioner Scarborough: (1) Nathaniel Pilate, (2) Bill Rushing, (3) Penny Farrar, (4) Leonard Daye.
Commissioner O'Brien: (1) Patricia Bell, (2) Joseph Glavan, (3) Leonard Daye, (4) William Wanamaker.
Commissioner Higgs: (1) Nathaniel Pilate, (2) Joseph Glavan, (3) Penny Farrar, (4) Bill Rushing.
Commissioner Carlson: (1) Nathaniel Pilate, (2) Patricia Bell, (3) Joseph Glavan, (4) William Wanamaker.
Commissioner Colon: (1) Nathaniel Pilate, (2) Joseph Glavan, (3) Bill Rushing, (4) Penny Farrar.

Commissioner Scarborough thanked all the applicants and expressed appreciation for their willingness to serve their community.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 12:37 p.m.

ATTEST: ___________________________________
SUSAN CARLSON, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
_________________________
SANDY CRAWFORD, CLERK

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