March 19, 2002

The Board of County Commissioners of Brevard County, Florida, met in regular session on March 19, 2002, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Susan Carlson, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Wayne Gray, Abundant Life Fellowship, Titusville, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve the Minutes of January 29, 2002 Regular Meeting. Motion carried and ordered unanimously.

REPORT, RE: WITHDRAWAL OF ITEM VI.F.6

County Manager Tom Jenkins advised Mr. Doug Reihl is sick and wishes to withdraw his personal appearance regarding placement of a mobile home in West Canaveral Groves.

The Board by consensus withdrew Item VI.F.6.

REPORT, RE: TELE AWARD

County Manager Tom Jenkins advised the Space Coast Government Television, specifically John Bober and Sharon Luba, received the Tele Award, which is similar to an Oscar, for excellence in the non-commercial broadcast production category. He stated Sharon and John worked on a video for the School Board to assist in recruiting teachers to Brevard County; and as a result of their creative work, they received the award. He advised Paulette Davidson and Karen Conde were actors in the video at no extra charge, and the School Board is extremely pleased with the video as a positive way to recruit teachers.

The Board applauded and congratulated John Bober and Sharon Luba for receiving the Tele Award.

REPORT, RE: SEAFEST

Commissioner O'Brien advised the Seafest will be held at the north end of Port Canaveral from Friday through Sunday; they have one of the top bands, 38 Special, playing on Saturday night, rides for children, and the vest food vendors; and suggested families and adults without children come out to enjoy the Seafest.

REPORT, RE: ST. PATRICK'S DAY PARADE ASSISTANCE

Commissioner O'Brien extended appreciation to the City of Melbourne, Mayor John Buckley, and the Police Department for doing a great job in assisting the St. Patrick's Day parade on Saturday. He stated the streets were well handled, the people had a good time, and everything was on time and under control.

REPORT, RE: CONDITIONAL USE PERMIT FOR ALCOHOLIC BEVERAGES

Commissioner O'Brien stated there may be a problem with the conditional use permit (CUP) for alcoholic beverages; and the Board may want to considering asking the County Attorney to review what changes may be necessary to make it a CUP for beer and wine versus full service of alcohol.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to direct the County Attorney to review the regulations for conditional use permits for beer and wine versus full alcoholic beverages, to determine what may need to be changed, and return with a report to the Board. Motion carried and ordered unanimously.

REPORT, RE: DEADLINE FOR COMMENTS ON STRATEGIC PLAN

Commissioner O'Brien advised the Commissioners were supposed to respond to the strategic plan this week or next week; next week is spring break; he has not had time to finish his review and prepare comments; and requested extension of the deadline so he can have more time to completely analyze it and give well-thought out answers.

Chairman Scarborough stated he prefers full comments rather than not have comments; and inquired when would Commissioner O'Brien be done with his comments; with Commissioner O'Brien responding to the middle of April to finish reading it, analyzing costs versus benefits, and reviewing his files. County Manager Tom Jenkins advised the scheduling was done to try and incorporate it into the budget preparation, so the sooner the better; and inquired if two more weeks would be sufficient. Chairman Scarborough recommended April 7, 2002 as the deadline to provide comments on the strategic plan.

REPORT, RE: REDUCTION OF FY 2002-03 BUDGET

Commissioner O'Brien advised during budget preparation for FY 2002-03, he would like to see the Board look at a 2% reduction across-the-board; and he wanted to get the message out before staff prepared the budget, so they will know where the Board is trying to go. Commissioner Higgs stated it is just a comment; and the Board is not doing it. Commissioner O'Brien recommended it be put on the agenda for discussion.

Chairman Scarborough inquired what will people not enjoy next year if the budget is cut; and stated the Board needs to look at both sides. Commissioner Carlson suggested Commissioner O'Brien put it in the SWOT analysis as one of his goals so it will be turned in and put together with everybody's goals. Commissioner O'Brien stated he wants the Board to discuss whether it wants a 2% reduction or not before the budget is prepared; so he will put it on the agenda for the next meeting. Commissioner Higgs stated there is a preliminary budget workshop in the spring; with Commissioner O'Brien responding by that time most of the budget is made, and he wants to get ahead of the curve this year.

REPORT, RE: PLAT APPROVALS AND SCHOOL OVERCROWDING

Commissioner O'Brien advised Items III.A.1, 3, 4, and 5 are plat approvals for Honeymoon Hills, Wingate Estates, Star Rush Drive, and the Lakes at Viera East; there is also an item for discussion relating to schools; the Board has been looking at zoning versus school overcrowding problems; but at the same time, it approves those plats that have a direct effect on overcrowding of schools. He stated zoning is not where the Board should be trying to meet concurrency or stop the overcrowding of schools; and it should look at plat approvals instead until schools can accept the number of students coming from those developments. He stated if all the homes involved were added up, it would have a direct bearing on overcrowded schools.

County Attorney Scott Knox advised the Board is able to do that with zoning because it is a consistency issue; if it steps into the plat area, it will get into concurrency, which is a separate legal requirement; and it will have to go through all the approval processes that involve concurrency, including obtaining the consent of all the municipalities.

Commissioner O'Brien stated on one hand the Board is saying it does not want to rezone, even down zone to prevent overcrowding in schools; and on the other hand it approves plats every week. He stated if those homes were added up, they would be significant; he does not know what solutions the Board may have; but he wanted to bring it up because he is concerned about the number of plat approvals.

Chairman Scarborough instructed Mr. Knox to meet with Commissioner O'Brien and discuss the legal parameters; and stated the Board cannot do it because it will require a great deal more effort, but it is worth discussing. Commissioner O'Brien stated he would like to work with the School Board at the same time on the legal things it cannot do, as there must be something that can be done to get one to mesh with the other. He stated there are portables all over the place and children in crowded classrooms.

Commissioner Higgs stated in discussions with the School Board the Board talked about whether or not it was going the concurrency route; it has to have all the cities in hand under the current State laws; but the Board did not have an opportunity to do that and did not do it. She stated there is nothing it can do at that stage, so it is doing what it can under the current State laws with the Comprehensive Plan issues; but once it gets pass that, and people have zoning and move forward, they are able to do it. She stated the Board does not have concurrency and will not have concurrency as a school issue in Brevard County unless it has all the cities on board; and the only county that has done that is Palm Beach County. Commissioner O'Brien inquired if that is something the Board might want to consider adding to its Delegation package; with Commissioner Higgs responding the Board talked about that with the Delegation. Mr. Jenkins stated growth management is a big issue being debated in Tallahassee; and there are a lot of factors that are affecting the outcome of that, which go beyond growth management.

Commissioner O'Brien stated this mornings newspaper talked about Orange County/Orlando's growth; they are going to face over one million population by 2010 and 1.5 million by 2020, and will be the fourth largest city in the State; and that is going to affect Brevard County by its overflow. He stated people will want to live here rather than in crowded Orlando; and Brevard County will become overcrowded as well. Commissioner Higgs stated the Board has the ability to do concurrency in a number of difference service areas; it has done those; but the school issue is not one without the entire group of municipalities. She stated the Board talked about it at workshops with the School Board and before the Delegation to change it so that individual governmental entities could do school concurrency; and it had a vigorous discussion with the Legislative Delegation, but beyond that, it is doing what it can. She noted there may be other things it can do because it is an issue; but concurrency is not one and not approving plats will get into the issue of concurrency. Commissioner O'Brien stated that may be the wrong route.

Commissioner Carlson recommended Mr. Knox bring back information of the justification for the State not allowing the School Board to look at growth issues. She stated what the Board determined from the law was that the school boards do not have the capacity to actually look at future growth; without looking at future growth, they cannot plan ahead; and that is where the problem of overcrowding constantly plagues the Board. She stated she does not remember the exact conversation with the Legislature in regard to that; but it is a mountain to get over; and she does not know if Mr. Knox has the legal perspective on that. Mr. Knox stated he has developed that and will put a memo together for the Board.

REPORT, RE: PROJECT IMPACT PRESENTATION

Commissioner Carlson advised she invited Mary Bolin, Project Coordinator for Project Impact, to say a few words and give the Board an updated on the Brevard Branch Bust. She stated since it is approaching hurricane season, Ms. Bolin has informative data to talk about.

Mary Bolin, Project Coordinator for Project Impact, advised Brevard Branch Bust is a project that will start in May, 2002; they have been active in getting it out to the community; the packets she laid before the Board is a sample of what has gone out; and the municipalities have
received them and are actively working on it. She stated they had a news release; they have a resolution declaring May as hurricane awareness month; they have a small flyer to put into stuffers for employees to cover their staff; and they have the poster for public places. She stated she included the different committees for the Board to see the community leaders involved with this project and how they come from different organizations and businesses. Ms. Bolin stated they will be working with the businesses next; this afternoon they will be starting with a presentation before the industrial crisis management working group; and that is a committee from Harris, Northrop Grumman, Uniphase, and others, totaling about 15. She stated they will receive the packets so they can reproduce it for their employees as well as the payroll stuffers. She noted by going through the businesses and municipalities, and also the County, they have been able to put the information in payroll stuffers; they will be blanketing many people; and the purpose of the project in May is to get the communities educated, but mostly motivated to get out and clean up their yards and get the items out that need to get out in a timely manner before the high wind starts in June when hurricane season begins. She stated they have a lot of different organizations involved and are going to have work sites where they get their volunteers out to do something; they are teaming up with Keep Brevard Beautiful on two locations, one in the north at Hatbill Park in Mims, and another at Palm Bay Road and U.S. 1; and they are going to work with them on their pepper bust that day. She stated there are many facets to the program; the project is going to educate and motivate people to remove branches from dead trees from their yards; and Waste Management is working with them in full force so they can remove the debris from the streets so that they are not obstacles during a hurricane. She stated three days before a hurricane people clean up debris and it is impossible to get it out of harms way before the high winds start; and they are going to do workshops so people can learn how to trim trees. She stated they are going to expand the workshop from trees and limbs to broken bikes, lawn furniture, and all types of debris in an effort to get it out before it ends up in the neighbor's screened porch.

Commissioner Carlson advised it is important to note the flyer says that trees are the leading cause of knocking down or pulling up power lines; loose debris in yards will fly into glass windows or rip screened-in porches; and firewood and vegetation can burn. She stated it also talks about trimming trees and getting professional tree trimmers in where they are near power lines; and on the back of the flyer are the different preparedness activities. She stated June 1st is a hurricane expo at Merritt Square Mall sponsored by the Kiwanis Club of Merritt Island; and June 8 is the 2002 community disaster showcase at Melbourne Auditorium sponsored by Voluntary Organizations Active in Disaster (VOAD). She stated it is important to get out there early to trim trees; the brochure talks about creating a perimeter of 30 feet around a home for the burn issue; and firefighters have tried to impose on the citizens that it is important to trim early; however, a lot of people do not listen.

Commissioner Colon inquired if there is a date when Harris is going to pick up the debris; with Ms. Bolin responding they are starting in May and have geared up so they know debris could be coming out heavier than normal and will monitor to see if they need to do extra hauls. Commissioner Colon stated in the month of May folks in the community can bring all their debris out; and inquired if the two sites Ms. Bolin mentioned are where people should bring their debris; with Ms. Bolin responding they are going to be teaming up with KBB clean up at Hatbill Park on May 4, 2002, from 8:00 a.m. to noon, and encourage volunteers to assist them; and they have made arrangements for the pickup of the debris they clear out of that park. She stated the second site is off U.S. 1 and Palm Bay Road with KBB; and that is going to be trimming trees and getting pepper trees out; and they have made arrangements to have debris removed from there also. Commissioner Colon inquired if Florida TODAY going to help get the information to everyone to clean in May; with Ms. Bolin responding they are talking to Florida TODAY to get a large article in the newspaper, and have a film ready for SCGTV; and they will be on radio talk shows and all the media they can get on.

REPORT, RE: STRAWBRIDGE ART LEAGUE DISPLAY

Commissioner Carlson stated there is a sample of the arts in the foyer today; Strawbridge Art League is an all volunteer organization dedicated to serving the needs of the living visual arts community; and it is a nonprofit 401(c)(3) registered organization in the State. She stated it is located at Henegar Center for the Arts; some of the programs the organization brings to the Space Coast includes two annual exhibitions, art works, monthly meetings, newsletters, demonstrations of various art mediums, annual directory, very special exhibitions placed in the community and a website, which is strawbridgeartleague.org. She stated John Emergy is out there in the foyer if anyone wants to talk to him to learn more about the Strawbridge Art League.

REPORT, RE: TOWN MEETING IN PALM BAY

Commissioner Colon advised at the town meeting in Palm Bay, she was able to speak to the community about citrus canker. She stated about 500 trees have been cut down because of the canker; Jim Fletcher from the Agriculture Center was very helpful in providing information to the people; and suggested people who did not attend the meeting can call her office to get more information on citrus canker. She expressed appreciation to County employees who went out to give more information to the citizens.

REPORT, RE: YOUTH PASTOR SUMMIT

Commissioner Colon advised the Youth Pastor Summit was held two weeks ago; it was well attended; and they are trying to work closely with law enforcement, the School Board, and social workers to get the churches involved in the community to reach out to the youth. She stated it is exciting; and Rita Elkins is in the process of getting another date so they can get together again.

REPORT, RE: REMOVAL OF AGENDA ITEMS

County Manager Tom Jenkins requested Item III.A.11, Acknowledgement of annexation by the City of West Melbourne, be withdrawn from the Consent Agenda.

Commissioner Carlson requested Item III.A.9, Permission to Advertise Public Hearing for Ordinance Requiring Development Plan Notification, be pulled from the Agenda and heard later in the meeting.

REPORT, RE: FLORIDA PARTNERS IN CRISIS

Chairman Scarborough advised he provided correspondence and information on Florida Partners in Crisis; there is a letter prepared, but there are subsequent additional thoughts of what may be occurring in the Legislature right now; and requested permission to proceed with the letter and get additional input.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to authorize the Chairman to send letters to the Legislative Delegation and provide additional input on Florida Partners in Crisis. Motion carried and ordered unanimously.

REPORT, RE: SHERIFF'S AGENDA ITEM

Chairman Scarborough advised the Sheriff has an item on the Agenda, but needs to be somewhere else; and requested a motion to move the item up.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to move Agenda Item VI.F.2, Approval to Increase Personnel for Sheriff's Intelligence Unit, up on the Agenda. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING CLYDE LOOMIS

Commissioner Carlson read a resolution commending Clyde Loomis for his dedicated service to Brevard County and its citizens for the past 19 years, and wishing him good health and happiness during his retirement.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution commending Clyde Loomis for 19 years of dedicated service to Brevard County and its citizens, and wishing him good health and happiness during his retirement. Motion carried and ordered unanimously.

Chairman Scarborough presented the Resolution to Mr. Loomis who stated it was a pleasure to be with the County Building Department because the employees were like family; and thanked the Board for the Resolution.

ACKNOWLEDGE RECEIPT, RE: AWARDS FOR BAREFOOT BAY WATER RECLAMATION
FACILITY

County Manager Tom Jenkins advised the Florida Department of Environmental Protection awarded Barefoot Bay Water Reclamation Facility the 2001 Operations and Maintenance Excellence Award for Type I domestic wastewater facilities; and recognized Glen Siler, Bernie Call, and Rob Marcincuk for their outstanding work at the facility. He stated the selection criteria for the award include two-year compliance history, record keeping, reporting, customer relations, and outstanding operation and maintenance practices. Mr. Jenkins advised the U.S. Environmental Protection Agency Region 4 independently awarded the Barefoot Bay Water Reclamation Facility first place in the small advanced treatment category; Region 4 includes Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee; and that is the territory the employees were competing in. He stated the criteria for the EPA award included use of innovative operation and maintenance approaches, process control, effective financial management, ongoing operator training, and maintenance management; and congratulated the employees at the Barefoot Bay facility.

Commissioner Higgs presented plaques to Glen Siler and Bernie Call, as Rob Marcincuk was not able to attend the meeting; and the Board applauded all the employees at the facility.

RESOLUTION, RE: CONGRATULATING CECELIA BELLE JENSEN ON HER 100TH
BIRTHDAY

Chairman Scarborough read aloud a resolution congratulating Cecelia Belle Jensen on attaining her 100th Birthday.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution congratulating Cecelia Belle Jensen on her 100th Birthday, and wishing her good health and continued happiness. Motion carried and ordered unanimously.

Chairman Scarborough presented the Resolution to Ms. Jensen, who advised she grew up on the farm and has much to be thankful for; the Lord has been good to her and her family and gave her a wonderful husband and 31 great grandchildren; and they are all precious and scattered from shore-to-shore. She stated part of her family just returned to New Zealand after spending two months here, one month with her family; and they had a wonderful time.

RESOLUTION, RE: RECOGNIZING EAGLE SCOUT DAVID ALAN ASKEW

Commissioner Carlson read aloud a resolution recognizing David Alan Askew for being promoted to the rank of Eagle Scout.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution recognizing David Alan Askew for attaining the rank of Eagle Scout. Motion carried and ordered unanimously.

Commissioner Carlson presented the Resolution to David Askew, who advised his project was done through the assistance of Mike Knight with the EEL's Program. Mr. Askew stated he has a love for nature; and Mike Knight showed him a project that suited his community service and what he wanted to do to preserve the beautiful environment and landscape of Brevard County. He thanked the Board for supporting the Boy Scouts of America; and stated he and his predecessors will show the boy scouts the importance of community service and environmental protection so that the beautiful landscape of Brevard County will be preserved for generations.

RESOLUTION, RE: RECOGNIZING ZION CHRISTIAN CHURCH

Commissioner Colon read aloud a resolution recognizing the efforts of the Zion Christian Church and thanking it for the new park for the Palm Bay community.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution recognizing the efforts of the Zion Christian Church for the new park in Palm Bay. Motion carried and ordered unanimously.

Commissioner Colon presented the Resolution to Ellie Grogan, who expressed appreciation for the Resolution; and stated the park was a long time coming from a couple of swing sets to a full- size park with a pavilion and a lot of playground equipment. Ms. Grogan stated they want to be part of the Palm Bay community; and contributing the park is first step in the plan to be part of the community and to make it better.

REVISED FINAL ENGINEERING AND PRELIMINARY PLAT APPROVAL, RE:
HONEYMOON HILL SUBDIVISION

Motion by Commissioner Colon, seconded by Commissioner Carlson, to grant approval of the revised final engineering and preliminary plat for Honeymoon Hill Subdivision, subject to minor engineering changes as applicable, and developer responsible for obtaining required jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: DRAINAGE BASIN WB VIII THROUGH XC

Motion by Commissioner Colon, seconded by Commissioner Carlson, to grant final engineering approval for Drainage Basin WB VIII through XC, subject to minor engineering changes as applicable and developer responsible for obtaining necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVAL, RE: WINGATE ESTATES,
F1 AND F2

Motion by Commissioner Colon, seconded by Commissioner Carlson, to grant final engineering and preliminary plat approval for Wingate Estates, F1 and F2, subject to minor engineering changes as applicable and developer responsible for obtaining necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVAL, RE: STAR RUSH DRIVE,
NORTH EXTENSION AND TRACT J

Motion by Commissioner Colon, seconded by Commissioner Carlson, to grant final engineering and preliminary plat approval for Star Rush Drive, North Extension and Tract J, subject to minor engineering changes as applicable and developer responsible for obtaining required jurisdictional permits. Motion carried and ordered unanimously.

PRELIMINARY PLAT APPROVAL, RE: THE LAKES AT VIERA EAST

Motion by Commissioner Colon, seconded by Commissioner Carlson, to grant preliminary plat approval for The Lakes at Viera East, with developer responsible for obtaining require jurisdictional permits. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT FOR VIERA, TRACT L, PHASE 2, UNIT 5

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution releasing Contract with The Viera Company dated October 2, 2001 for improvements in Viera, Tract L, Phase 2, Unit 5, as all improvements have been completed. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT FOR RIVER GROVES ON THE TRAIL,
PHASE 2

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution releasing Contract with Don Simms dated October 30, 2001, for improvements in River Groves On The Trail, Phase 2, as all improvements have been completed by the developer. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH JEREMY NAGEL, RE: TOBY AVENUE,
EXTENSION B

Motion by Commissioner Colon, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Jeremy Nagel to obtain a building permit on Toby Avenue, Extension B,
which has been constructed to standards of the Unpaved Road Ordinance, Section 62-102. Motion carried and ordered unanimously.

APPROVAL, RE: TECHNICIAN POSITIONS FOR BUILDING CODE

Motion by Commissioner Colon, seconded by Commissioner Carlson, to approve two permit technician positions for Building Code, and approve Budget Change Requests to fund those positions. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: ANNEXATIONS BY CITY OF COCOA

Motion by Commissioner Colon, seconded by Commissioner Carlson, to acknowledge receipt of annexations by the City of Cocoa of property along the north edge of Cidco Road and west edge of Clearlake Road. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: ANNEXATION BY CITY OF WEST MELBOURNE

The annexation by the City of West Melbourne of an 18 acres at the southwest intersection of Minton Road and Melbourne Tillman Canal was withdrawn from the Agenda.

CORRECTIVE QUIT-CLAIM DEED TO HOWARD J. COFFEE, TRUSTEE, RE: LOTS IN
MELBOURNE MANOR, SECTION A, AND RESUBDIVISION OF LOT IN FLORIDA
INDIAN RIVER LAND COMPANY

Motion by Commissioner Colon, seconded by Commissioner Carlson, to execute corrective Quit-claim Deed to Howard J. Coffee, Trustee, for lots in Melbourne Manor, Section A, and Resubdivision of a Lot in Florida Indian River Land Company to clear a cloud on the title. Motion carried and ordered unanimously.

RESOLUTION AMENDING RESOLUTION NO. 01-181, RE: ADDING REPRESENTATIVE
OF WEST CANAVERAL GROVES TO CDBG ADVISORY BOARD

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution amending Resolution No. 01-181, to add a representative from West Canaveral Groves to the CDBG Advisory Board. Motion carried and ordered unanimously.

RESOLUTIONS, GRANT AGREEMENTS, BUDGET CHANGE REQUESTS, TEMPORARY
LOANS, RE: GRANTS FROM F.I.N.D. WATERWAYS ASSISTANCE PROGRAM FOR
PARRISH PARK, PINEDA CAUSEWAY, AND KELLY PARK EAST

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolutions requesting assistance under the Florida Inland Navigation District Waterways Assistance Program for Parrish Park Boat Ramps, Pineda Causeway Boat Ramp, Phase I, and Kelly Park East improvements; authorize the County Manager to execute the Grant Agreements; and authorize Budget Change Requests to establish project accounts with temporary loans from the General Fund if the grants are approved. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH BRIAN FLUGEL, PUTTERS INN, RE:
CONCESSIONAIRE AT SAVANNAHS GOLF COURSE

Motion by Commissioner Colon, seconded by Commissioner Carlson, to execute Amendment to Agreement with Brian Flugel, Putters Inn, to provide concession services at Savannahs Golf Course, extending the Agreement for one year with a one-year renewal option. Motion carried and ordered unanimously.

WAIVE OBJECTIONS TO TITLE EXCEPTIONS, RE: UTILITY EASEMENTS WITHIN STATE
AND COUNTY APPROVED FLORIDA FOREVER ACQUISITION PROJECTS

Motion by Commissioner Colon, seconded by Commissioner Carlson, to authorize staff to waive objections to title exceptions for utility easements within State and County-approved Florida Forever acquisition projects, provided they do not affect value. Motion carried and ordered unanimously.

AGREEMENT WITH TONY HERNANDEZ, RE: CONFLICT ATTORNEY SERVICES

Motion by Commissioner Colon, seconded by Commissioner Carlson, to execute Agreement with Tony Hernandez to provide legal representation of indigents in conflict criminal and juvenile court proceedings. Motion carried and ordered unanimously.

RESOLUTION AND GRANT APPLICATION TO FLORIDA INLAND NAVIGATION DISTRICT,
RE: NON-NATIVE INVASIVE PLANT CONTROL AT KINGS PARK

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution and authorizing grant application to Florida Inland Navigation District (FIND) for $40,000 to control non-native invasive plants at Kings Park. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH DIVERSIFIED DRILLING CORPORATION, RE: SYKES
CREEK WWTP INTERMEDIATE MONITOR WELL CONSTRUCTION AND TESTING

Motion by Commissioner Colon, seconded by Commissioner Carlson, to approve Change Order No. 1 to Agreement with Diversified Drilling Corporation for Sykes Creek Wastewater Treatment Plant Intermediate Monitor Well Construction and Testing, increasing contract price by $37,584.24 for additional well depth; and authorize final payment. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND APPOINT
SELECTION COMMITTEE, RE: WATER AND WASTEWATER TRANSMISSION
SYSTEM CONTINUING CONSULTANT SERVICES

Motion by Commissioner Colon, seconded by Commissioner Carlson, to grant permission to advertise request for proposals for Water and Wastewater Transmission System Continuing Consultant Services, and appoint Richard Martins, Ron Voll, F. T. Siener, Stephen Peffer, Henry Minneboo, or their designees to the Selection Committee. Motion carried and ordered unanimously.

APPROVAL OF REFUND, RE: SALE OF TAX CERTIFICATES ON NON-EXISTENT
PROPERTY

Motion by Commissioner Colon, seconded by Commissioner Carlson, to approve refund of $8,318.10 from the General Fund Reserve to B. W. Simpkins, Trustee, for purchase of tax deed certificates on three non-existent condominium units. Motion carried and ordered unanimously.

APPOINTMENT OF SELECTION COMMITTEE, RE: #P-4-02-09, DOCUMENT
MANAGEMENT SYSTEM

Motion by Commissioner Colon, seconded by Commissioner Carlson, to appoint Scott Knox or his designee, Stockton Whitten, Ed Washburn, Dennis Rogero, and Gino Butto to the Selection Committee for Proposal #P-4-02-09, Document Management System. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE OFF STATE CONTRACT, RE: HACMP SYSTEM

Motion by Commissioner Colon, seconded by Commissioner Carlson, to grant permission to purchase the hardware and software necessary to implement a fail-over system for SAP R3 Financial Management System, off the State Contracts. Motion carried and ordered unanimously.

APPROVAL OF NEGOTIATED WORKERS' COMPENSATION SETTLEMENT,
RE: JANET ISOM

Motion by Commissioner Colon, seconded by Commissioner Carlson, to approve the negotiated settlement of the Workers' Compensation Claim of Janet Isom as approved by the Special Disability Trust Fund. Motion carried and ordered unanimously.

APPROVAL, RE: JOINT STIPULATION FOR SETTLEMENT WITH THOMAS BONGE

Motion by Commissioner Colon, seconded by Commissioner Carlson, to approve Joint Stipulation for Settlement in the case of Brevard County Board of County Commissioners and Brevard County Animal Services and Enforcement v. Thomas Bonge. Motion carried and ordered unanimously.

AUTHORIZATION TO HIRE COUNSEL, RE: BREVARD COUNTY v. PINTER

Motion by Commissioner Colon, seconded by Commissioner Carlson, to authorize hiring E. A. Seth Mills, Esquire, to file suit against John and Jane Pinter to recover an alleged overpayment for acreage purchased by the County and for breach of the Escrow Agreement. Motion carried and ordered unanimously.

APPROVAL, RE: AD VALOREM TAX ABATEMENT POLICY

Motion by Commissioner Colon, seconded by Commissioner Carlson, to approve modification to the Ad Valorem Tax Abatement Program to require companies utilizing the Program to post all job openings on the Brevard Job Link Website. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Colon, seconded by Commissioner Carlson, to appoint Samuel Lopez to replace Eleanor Downes, and Karen Raley to replace Robert Taylor, on the Historical Commission, with terms expiring December 31, 2002. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

APPROVAL TO INCREASE PERSONNEL, RE: SHERIFF'S INTELLIGENCE UNIT

Chairman Scarborough recommended all the Sheriff's items be dispensed with at one time.

Sheriff Philip Williams advised Major Dorman is able to address the F.I.N.D. issue in detail, as his attention has been directed to other issues. He stated they are here to request a mid-year increase in their budget for five deputy agents and one agent supervisor along with two civilian support technicians; and the request is driven by the events that occurred on September 11, 2001. He stated Governor Bush's Executive Order No. 2001-300 mandates certain obligations on State and local law enforcement to respond to the nation, State, and local terrorism issues; and the mandate of the Governor's office directed local law enforcement to approach the terrorism issue Statewide and on a local level in three distinct areas--(1) develop information sources, (2) gather intelligence to transition into an investigative mode, and (3) train first responders in law enforcement, emergency medical, and firefighters on weapons of mass destruction in response to disasters. He stated law enforcement and medical communities throughout the State took those mandates seriously and began acting upon them immediately; and for some time, his office has been operating on a shoestring to meet the mandates and local concerns. He stated he met with the Brevard County Police Chiefs early on; he was selected the law enforcement chairman for Region 5, which is a nine-county region under direction of the chairpersons Director of FDLE Joyce Dolly and Orange County Sheriff Berry; he returned to the local community and met with local law enforcement agencies to identify what they feel, separate and apart from the Governor's mandates, was necessary for Brevard County; and without exception the law enforcement community, represented by Melbourne Police Chief Keith Chandler, said the information available to law enforcement and other first responders, particularly in the investigative intelligence arena, is lacking in the County and should be the #1 priority to address. Sheriff Williams advised they have gone about it in an ad hoc fashion prior to September 11, 2001; and explained a scenario of a robbery and how information and photographs are shared among law enforcement agencies. He stated the adversary is much more sophisticated than the average street criminal, so the collective wisdom of the police organizations in Brevard County requested he approach the Board and ask for the additional support personnel and investigative personnel for an intelligent gathering facet. He stated Brevard County is not alone; every other county, region and state have agreement that this adversary can most easily be defeated with information; this is not a war of shootouts and guns, although there may be some instances, hopefully not in Brevard County; but it is the age of gathering information. He stated he met with Senator Graham, Congressman Goss, Attorney General Ashcroft, Director Mueller of the FBI, and INS representatives; they came to Orlando to meet with Central Florida law enforcement officials because it is one of the areas that the national concern is focused; and the FBI is shifting its mission from bank robberies and general crime pursuing things to intelligence gathering and apprehension of enemies within and without the borders of the United States. Sheriff Williams advised his office cannot shift away from local responsibilities of handling calls for bank robberies, missing children, stranded boaters, and support to local law enforcement with armed robberies, etc.; they have to cover all the bases as if September 11 did not happen; but to effectively protect and investigate the issues along with other law enforcement agencies, resources beyond what they anticipated on September 10 will be necessary to handle what they are faced with post September 11. He requested the Board fund for the remainder of this fiscal year, and they will approach the figure in its entirety for the next budget year, $547,260 to add those agents, the capital involved, and the operating costs. He stated through the projections of Ms. Barker, eliminating some areas of the budget in the General Fund, his office can come up with $220,000 of the $547,000; they can absorb the salary cost and provide 40% of the total cost; however, that is hedging bets on a lot of things happening well, but they can do it. He stated the hurricane issue is always out there, but they have business they need to get to tonight; hurricane season does not start until June; so as an analogy, they need to treat the big gash and worry about the scratch later. Sheriff Williams advised as recently as this morning, the INS supervisor contacted agents in his office; there are 300,000 illegal aliens in this country who have been asked to return to their host countries; 6,000 of those have absconded; their whereabouts are unknown; and a good percentage are in Central Florida. He stated of the original names generated by Attorney General Ashcroft's Task Force, 5,000 folks should be interviewed; 179 were in our nine-county region and 34 of those were in Brevard County; so not only does Florida have a disproportionate number of individuals who raise some concern, Brevard County and the region, along with Orlando, has a disproportionate number of individuals who bear interviewing. He noted as Orlando grows, the spillover is going to hit Brevard County; it is a very well organized, very transient, and very sophisticated adversary they are dealing with; they are examining financial records; the Patriot Act gives them broad authority to investigate; and they have to have someone to perform the investigations. He stated that will require a great deal of sophistication, beyond what they usually deal with in an average burglary case, etc.; and the personnel are indeed necessary. Sheriff Williams advised he tasked his staff to come up with dollars to at least meet the Board half way; they said they could only go 40%; and that is contingent on a lot of good things happening. He stated in a normal year, he would not be here asking for funds, but September 11 has changed his life and the lives of all citizens; and they have been able to head off some issues in the County and region, but this is not half time. He noted as some pundit on television said, this is round 1 of a 30-round fight; they are wore out, tired, and understaffed; and this is a good investment on behalf of Brevard County. He stated all Commissioners were briefed by Commander Riley and Chief Deputy Sarver, but he will be glad to entertain any questions the Commissioners may have; Deborah Barker, Steve Kruezkamp, Chief Deputy Sarver, and Commander Riley are here this morning; and Police Chief Chandler has a 10:00 meeting this morning, but may still be here. He stated if the Board needs confirmation or would like to explore the issues of what the law enforcement community, not the Sheriff but the Chiefs of Police believe is more urgent, Chief Chandler would be more than happy to address it.

Commissioner Colon thanked Sheriff Williams for all his hard work and that of his staff since the September 11 incident; and stated it has not been explained how all the manpower and thousands of hours that have gone into identifying what the FBI and federal government have demanded of Brevard County affects the local community. She stated it has taken away manpower; they have been pulling third shifts working domestic violence issues, child abuse, and all kinds of things that are going on in the community; and unfortunately, some things have to be put on hold because of the demands made on the local law enforcement community. She stated she is in full support of what the Sheriff is requesting, but wants to get an idea what municipalities are doing; it was not part of the Sheriff's job description; and they all have to pull together because they all have a new role to play in the community. She inquired if they are going to elected officials of the cities and let them realize they have to step up to the plate. She
stated she is willing to step up to the plate because it is needed, but does not know if there has been communication with city officials to help out; the County cannot do it alone; there have been arrests in Palm Bay, Melbourne, and other cities; and inquired if there has been discussions with the cities about monies to support the intelligence effort.

Chief Keith Chandler advised he cannot speak for all municipalities, but can speak for Melbourne; the City is in its budget process right now; he is asking for additional personnel to deal with what came out of September 11; but some cities do not have the resources to deal with the issue of intelligence, so the chiefs got together with the Sheriff in January, 2002 to look at it from a broad-base perspective. He stated they came to the realization that Melbourne, Palm Bay, Cocoa, and Titusville can afford intelligence gathering personnel, but beyond that, the Sheriff fills the role for the great majority of municipalities in the County, so it makes sense to have the intelligence central repository and dissemination points be in the Sheriff's Department. He stated they are blessed with having a Sheriff's agency willing to do that; and advised of other assistance the Sheriff's office has provided to the municipalities. Chief Chandler stated it is critical from their perspective to go after the dollars that are available in their respective municipalities to shore up their end of the unit; but it is broader than any one component and an expansion of their ability to address the issues. Commissioner Colon inquired if there is money coming from the federal government; with Chief Chandler responding yes, they have a grant they are looking at right now to help with the umbrella software to pull things together; he signed the agreement this morning; and there are federal funds they will jointly go after aggressively as the Brevard County law enforcement community, the Sheriff, and Police Departments. He stated they can apply for a grant but will compete with New York, Los Angeles, Philadelphia, etc., so he does not know if they will be successful; but they have to do it. He stated the Chiefs Association is in total support of the Sheriff's request.

Commissioner Carlson inquired if the Sheriff forecasts the eight agents for the future or will he come back for more personnel next year. She inquired if there is an end number, is the request going to fill the bill, or is the Board going to have other requests. Sheriff Williams advised the request will handle the intelligence information flow in the County if things remain as they are now; if there is another September 11 incident, he cannot guarantee what will happen; but this will fill the bill of the information they are trying to disseminate. Sheriff Williams advised each municipality has identified an officer to be the repository of information from that municipality; Melbourne loan an officer to work with his office or the FBI; some municipalities cannot do that; but each has a repository for information. He stated if Titusville gives his Department a lead and they run it down and it is of value, it is disseminated to each municipality; they have people who are traversing up and down the County; the model they formed on September 15 is the same model used in the Central Florida region; and the FDLE and Orange County Sheriff's Office is the axle of that region. He stated the nine counties feed information to the region; if that information came from Lake County, it would go to the Lake County Sheriff then to Orlando and to the Region; and contemporaneous with that, the states are set up similarly with Florida s a spoke in the large wheel of the FBI, INS, ATF, and so forth. He stated once the software is in place and old barriers are broken down, if Seattle finds a suspect on the list, Brevard County would know that in five minutes if it is any value to the region; and that is the type of information
sharing that is being done. Sheriff Williams stated a side benefit has been wonderful; some geniuses, men and women who are not wearing bars or stripes or stars, decided they have an opportunity to funnel information about a burglar; so not only has the clearing house become a source of information on terrorists, but also on missing children, etc. He stated the information flow in Brevard County has never been better, but they have done it on a shoestring and it is time to step up to the plate and meet the obligation; and there is plenty for those people to do. Commissioner Carlson inquired if the Sheriff's Department can put a memo together with the figures regarding the 300,000 individuals who were ask to go back to their countries and the breakdown of that because sometimes it takes that type of information to explain to the people why there is a tax increase. She noted everybody would appreciate that; with Sheriff Williams responding he will do that. He noted the information was given to Commander Riley this morning from the INS supervisor in Orlando who got it from Washington, D.C., and that is the real-time information they are getting.

Commissioner Higgs advised the Board will see an increase this fiscal year in health insurance cost it is paying to the contractor at the jail; and inquired when will that figure be available to the Board; with Sheriff Williams responding Ms. Barker or Mr. Kruezkamp may be able to give that information to the Board today as they have been working with the County's Budget Office. Commissioner Higgs stated she would like to have that information to assess this request because they are both big ticket items. Sheriff Williams stated they have unanticipated increase in the contract because they have more people than they anticipated in the jail; the medical cost has overrun the contract price; and they have no choice in that matter. He noted it is the same situation with the food, but has to feed the inmates.

Commissioner Colon requested the Sheriff also include how much manpower has gone into investigations and the deputies who were taken from their normal duties to be part of the investigations. She stated that information is crucial because the community needs to understand exactly what has happened and realize that the law enforcement community has been working around the clock. Sheriff Williams stated he asked different units to do a report on what is the impacts, what has changed etc. for his benefit; and they can put that in an overall comprehensive pre and post-September 11 report about how it was and what it is now.

Sheriff's Finance Director Deborah Barker advised they have brought before the Board a request for an intelligence unit per the request of the police chiefs and the need for advanced intelligence in Brevard County for the citizens; the request is for half a year, starting in April, 2002, for $547,000; and they are prepared to absorb $220,000 of that cost from the Sheriff's existing labor resources. She stated every year they turn back to the Board, by Florida Statutes, between $200,000 and $300,000 based on attrition, vacancies, etc.; that is where they are obtaining the $220,000 figure, so they will not be able to return very much at the end of the fiscal year. She stated they are requesting $327,000 from the Board and future funding picked up by the Board during budget negotiations; Messrs. Whitten and Roger have asked for the figures on the medical contract; they are looking into that; and at this time they are looking at $700,000 to $800,000 increase mid-year for the jail medical and food contracts.

Commissioner Higgs inquired if that is for the rest of this year; with Ms. Barker responding yes, for a combination of food and medical services. Commissioner Higgs stated if April 1, 2002 the Sheriff plans to draw on the request for $547,000, she assumes he will move existing personnel into the intelligence unit and new hires in others; and inquired if the MSTU will be fully staffed; with Ms. Barker responding it is the Sheriff's intent to keep the MSTU fully staffed at all times with road patrol; with advanced intelligence capabilities, she assumes the people who will fill those positions will be internal from the agency or people who have that expertise from other agencies; and if an MSTU deputy has the advanced intelligence capacities, that position would be vacant and they would have to backfill it or any positions that may become open. Commissioner Higgs requested the Sheriff respond to her question because she is concerned about having a full force on the roads. Sheriff Williams stated he can almost assure the Board that the type of expertise they are looking for to fill those positions will not come from the 129 MSTU deputies nor the nine who were funded October 1; so the Board will have a full road patrol. Commissioner Higgs inquired if the Sheriff anticipates having people in those positions immediately; with Sheriff Williams responding he could have four general fund investigators who do burglaries in the South Precinct and take one; at some point, there will be an opportunity to fill that general fund position; but he will not take them off the roads to do it.

Commissioner Colon inquired when is the medical contract coming before the Board; with Ms. Barker responding it will be with the mid-year budget adjustments, which are due in a few weeks; and Messrs. Whitten and Rogero will include it when they bring the mid-year adjustments to the Board in April or May, 2002. Budget Officer Dennis Rogero stated it is scheduled for April 30, 2002. Commissioner Colon inquired what have they been doing since September, and is that when the contract expired; with Ms. Barker responding she will refer the question to Administrative Director Steve Kreuzkamp. Mr. Kreuzkamp advised the medical services contract was in effect in its carryover form from October 1 to December 31, 2001; and the Contract for January 1, 2002 through December 31, 2002, which is in its present form, is the one they are talking about for the mid-year budget adjustment. Commissioner Higgs inquired if it is anticipated at $700,000; with Mr. Kreuzkamp responding that may be a little high; they are looking at about $600,000 actual increase in the medical services contract subsequent catastrophic cap insurance premium that came in; and they are looking at the impact of the recent decision to raise the provider from eight to sixteen hours in the jail, which is a doubling of the provider hours that is going to have a direct corollary with the increase in psychotropic drug medication. He stated those are the issues, the latter of which is the one that affected their final amount and whether it is $600,000 or $700,000. Commissioner Colon inquired how much will it cost for the entire year; with Mr. Kreuzkamp responding next year they will be looking at a significant increase to last year's contract; and they are reviewing it right now as to the exact quantum. He stated it will depend on examples such as the amount of physician hours, forensic specialist time impact which increased by two personal equivalents, and other factors they are presently weighing that will have an overall effect on the cost of next year's 12-month medical services contract. Commissioner Colon advised one of her questions was to have an example of the exact contract of last year to compare to the contract the Board will be looking at for this year; the Sheriff is asking for $327,000 right now; that number is going to increase the budget for the following year; and she wants to compare apples to apples because some hours were added for psychiatric treatment. Mr. Kreuzkamp advised that decision was made by the Board a few meetings ago; it is a carryover of the existing contract with the exception of four certified nurse administrators who work 24/7 to do inmate forensic reviews at the time they are admitted to the facility to ensure they are covered upfront if they are diabetic or have a drug addiction. He stated previously they were doing it with a nurse who had to do double duty in the clinic then come to do the reviews; and that gave significant concerns as it relates to forensic care of the inmates. He stated other than that, it is a salary adjustment; they were losing employees due to nurses and nurse administrators they could not hold on to because they were way below the prevailing market wages.

County Manager Tom Jenkins advised the contract was extremely low compared to what other jails were paying; Brevard County was fortunate for a number of years to have a very low contract; and it finally caught up with it in terms of cost. Mr. Kreuzkamp stated the previous contractor was EMSA; it was taken over by a larger concern, Prison Health Services (PHS), which is the incumbent contractor; and PHS advised the Sheriff's office it had grave concerns compared to its contracts at other institutions the same size as Brevard County's institution; and it was in a red business position and losing a great deal of money. Mr. Kreuzkamp stated they attempted to renew the contract in September with PHS; and it advised the Department it could no longer afford the status quo and gave 90 days notice when it would depart the jail unless the County could come up with a different contract. He stated they had a choice to go sole source and negotiate with PHS during the 90 days or test the waters of the competitive market; they went out to the competitive market; and there are providers of those services out there.

Commissioner Colon stated she would like to get that information for all Commissioners and not take more time discussing it since it is going to come back again; however, she wants to make sure she is comparing last year's contract to this year's contract. Mr. Kreuzkamp stated the bottom line impetus is the conditions in the Detention Center are a challenge for the community, the Sheriff's Office, and the 170 plus dedicated corrections officers who work there every day of the week managing an over-populated and under-resourced institution; and the medical services contract is a reflective corollary to the environment they deal in as it relates to the Detention Center.

Commissioner Carlson inquired if the cost for medical and food is going to be $800,000 for the entire year or $1.6 million; with Mr. Kreuzkamp responding he would not anticipate an increase like that. Commissioner Carlson stated the Board is discussing a mid-year increase of $600,000; with Mr. Jenkins responding that is for three-fourths of a year. Commissioner Carlson inquired if it is anticipated at $800,000 for the whole year; with Mr. Jenkins responding it would be roughly that figure. Mr. Kreuzkamp stated that is a good ballpark figure; and they have asked the contractor to give them some numbers. Commissioner Carlson inquired if the Sheriff's absorption of the salaries for the intelligence unit this mid-year also applies to next year; with Ms. Barker responding no, they were able to absorb the salary for half a year and are going to have the Board absorb all future costs for the next fiscal year. Commissioner Carlson inquired if that is $547,000 for the next fiscal year; with Mr. Jenkins responding it will be more than that with the cost of living increase. Commissioner Colon inquired how much would it be for the entire year; with Ms. Barker responding if the Board absorbs the full cost of salaries, operational expenses, and COLA next year, it would be looking at funding $627,000 to continue the Unit for the next fiscal year. Commissioner Colon stated it does not add up; with Ms. Barker responding the Board is paying capital this year and it is not a recurring cost.

Commissioner O'Brien stated he supports the need for the unit in such a terrible time for the entire nation; the key word is priorities; the Sheriff should look at lesser priorities that may have to be eliminated; and the Senators and Congressmen meeting in Orlando were glad to give the Sheriff a pat on the back and tell him how good he is doing because they did not bring their checkbooks and are not paying for it; but the taxpayers of Brevard County are paying. He stated he did not hear Senator Graham tell the Sheriff the federal government is going to give him a million dollars to combat terrorism. Sheriff Williams stated he gave him plenty of opportunity to say that. Commissioner O'Brien stated but he did not say it. Sheriff Williams described what was said by a gentleman from Oklahoma about the high state of alert being like watching the weather channel and the screen goes blank after hearing that a big storm is coming, so nobody knows when, where, or what kind of storm, but has to be ready; and he does not know what will happen, but he has to be ready. He stated they have berated politicians including the Governor and are asking the people to front money to combat a local, but State and national problem as well; it is a pain that is shared by everyone; and in the federal budget they did not budget for homeland security, but it will be determined next year. He stated they were told next year on the federal and State level, there may be reimbursements forthcoming for expenditures and obligations, at least as it relates to the region; the grants referenced earlier are basically technical grants that were in existence and can be somewhat twisted to offset some capital investment; and they will aggressively pursue that. He stated he does not anticipate recouping anything, but they are trying to do all they can within the confines of the existing laws. He stated there was a ceremonial pat on the back and the can't do without you speech; but there was no money; it is not a luxury; and every time they have the opportunity, they will remind the federal legislators that they are in better shape to absorb it by reimbursements. Commissioner O'Brien stated Executive Order 2001-300 says the FDLE will organize regional domestic security task force in each of the seven FDLE operational regions; they can organize a regional domestic security task force; but where is the money; the Governor ordered them to do something; and he is glad it is FDLE, but they come with an empty pocket as well. Sheriff Williams stated FDLE has done a tremendous job; when it organized the regions, it looked to who was in the region; Brevard County law enforcement, Orlando PD, Orange County Sheriff's Office, Lake County, Indian River County, Martin County, Seminole County, and Volusia County; so the FDLE organized them. Commissioner O'Brien inquired where is the cash; with Sheriff Williams responding they are out of money like the rest of them.

Commissioner Higgs inquired if FDLE was given additional revenue in this year's budget currently being considered by the Legislature to cover this operation; with Sheriff Williams responding they create a position similar to Governor Ridge's position; the people in Orlando who were doing other things are now doing this operation; and there are things FDLE are not doing and he is sure requested additional people. Commissioner Higgs stated the House and Senate are ready to vote on the budget; and inquired if anyone knows if the project is funded; with Sheriff Williams responding he does not know. Commissioner Higgs stated it is hard for the Board to try and balance the acts; the Sheriff needs a huge amount of money in mid-year; the Legislature is in session now and considered continuation of tax free days; and next year it will force the Board into a very uncomfortable position regarding a tax increase. She inquired what is the Governor and Legislature going to do; with Sheriff Williams responding he cannot speak for them, but it was not the firefighters who died in New York who lived in the State Capital; they were local men and women just like Brevard County's firefighters will if something happens here; and ultimately the obligation to provide for the safety and welfare of the constituents is always balanced on the back of local government. He stated it is unfair, but they have a choice to bit the bullet and do the job or sit and wait for big bother to fund it; he will beat on big brother every time he gets a change to reimburse the community because it cannot afford to continue without assistance especially when their efforts are linked to the State and federal governments. Commissioner Higgs stated she recognizes that the bottom line is to protect the public; she supports the efforts to provide for that; but it is an international threat to security at this level; and those traditionally have been provided by the armed forces and the National Guard. She stated there is now a major shift in the paradigm for foreign terrorism; there is no conversation going on that is letting the public know what the responsibilities are going to be; and it concerns her that the Board is not seeing that conversation so the people can understand it. Sheriff Williams stated it needs to be brought to the forefront, but sometimes those best capable of holding such conversations are too busy ding the work; and that is unfortunate; however, they can find the time to do that. Commissioner Higgs stated people need to know this major effort to prevent domestic terrorism is going to take local dollars; it is not going to come from the national and State levels; and it is going to come for the local taxpayers. Sheriff Williams stated as Commissioner O'Brien pointed it, it has a flavor from abroad and nationally; it should come from the federal government at least in part; but based on the federal budget cycle, he does not think it will happen this year. He assured the Board that every sheriff and police chief is lobbying and saying they cannot continue to allow this to be balanced on the local taxpayers when it has a share of benefit to the country at large. He stated it came at an odd time; it is never a good time for it; but budget-wise, it was a punch in the nose. Commissioner Higgs stated it is a punch in the nose to the entire County budget; shifting resources to it is a further difficult punch to take when there may be tax-free days and other things and the State could provide monies to local governments without raising taxes to meet the needs of domestic terrorism issues. She stated she will have a difficult time doing something today because of the funds needed for the jail issue as well as the intelligence unit; and unless she gets all the information in a package to balance it and know where to get the resources, she cannot make that decision today. She stated she understands the critical nature of what the Sheriff is requesting and wants to be supportive of that; but until the Board has a bigger picture in terms of what the needs are going to be for the Sheriff's Department for the rest of this fiscal year, it is hard for her to make a decision on how to get those resources. Sheriff Williams stated the Board received solid information that the jail medical contract is not going to go down, not this year, not ever, as long as it has a jail built for 384 inmates, has 934 beds, houses 1,200 prisoners, and has mental patients who need psychotropic medication. He stated Mr. Jenkins aptly put the figure before the Board, and Mr. Kreuzkamp agreed on the food cost at $800,000, as there are more people to feed. He stated the Board is looking at a definite figure; the clock is running on the issue of agents to investigate leads and follow up on terrorists; and the time is running now. Commissioner Higgs stated the time is running also on the food and medical care because a new contract started January 1, 2002; the Board is encumbering those costs every day; it has to have the final numbers from the Sheriff's office to know exactly where it is going to go with those numbers. Sheriff Williams stated they will give the Board the final number as best they can come up with; it would be less if they had 1,000 people in jail tomorrow; but it would be more if there is 1,400 people in the jail. Commissioner Higgs stated the figure is solid with the Sheriff committing to fund $220,000; but it is not reflected in the Agenda item; with Sheriff Williams responding they are making that commitment and will meet it.

Commissioner O'Brien advised the Sheriff asked for nine positions this morning; and inquired if Orange, Osceola, Lake, St. Lucie, Martin, Indian River, Volusia, and Seminole Counties are also looking for nine officers each; with Sheriff Williams responding he doubts it, as some will ask for more and some less, depending on the size of the county. Commissioner O'Brien inquired how have they approached the problem, and have they all asked their county commissions for half a million or a million dollars; with Sheriff Williams responding he does not know. Commissioner O'Brien stated he would like to find that out; it is better to see how others are solving the problem rather than to take one approach; this being the only approach he does not believe is necessarily true; the Board knows the Sheriff has a job to do; and the Board's job is to look at how he gets that job done financially. He stated the Sheriff is asking for the money; the Board wants to find out other ways of how it is done; and it was told this morning the Sheriff could cover $220,000 from his revenues created by officers retiring or positions not filled. Sheriff Williams stated he does not think Ms. Barker said positions not filled; she said there is historically between $200,000 to $300,000 of salary money returned to the Board by the Sheriff's office each year; he said earlier this is hedging their bets against a major hurricane; but the terrorism issue is here and there is work to be done this afternoon. Commissioner O'Brien stated his office asked Mr. Sarver and Mr. Touting and the Sheriff's office how many positions in the General Fund were unfilled for 112 months creating a surplus, as well as unfilled positions on the payroll; with Sheriff Williams responding there were no unfilled positions for 12 months. Commissioner O'Brien inquired if they were unfilled for three or four months; and requested information on that; with Sheriff Williams responding that information is being gathered for the Board. Commissioner O'Brien stated he would like to have a line item explanation rather than jus a round number, so he can take a closer look at what the Sheriff is looking at and can appreciate what he has done to get those numbers. He stated Mr. Rogero called the Sheriff's Office three or four times in the past two weeks, and at the meeting with Mr. Sarver, he asked the same question and has yet to get an answer; and inquired why the Sheriff's office will not answer him and is there something secret about it. He noted he does not think there is and there should not be; he wants to know how many deputy positions were not filled after retirement, as it may take 90 days to find a new deputy; and that salary would be put in surplus. Sheriff Williams stated there is a pay out. Commissioner O'Brien stated he wants to know if deputies quit, went to work for another County, or were fired, as well as other positions, so he can determine how the Sheriff can absorb $220,000. He stated there was discussion about the jail medical services, but not about the food carts at $49,000, inmate containment system at $5,000, special traffic unit at $25,000, increase in Detention Center's food expenses at $30,000, increase in warrant expenses at $100,000, for a total of $800,000 on top of the request. He stated general fund transfers under consideration for auto theft grant approved by the Board, the Byrne grant approved at $12,000 more, additional correctional deputies at $30,000 for Titusville Courthouse, prisoner transportation funding of $50,000, fuel price increases approved by the Board at $100,000, and local law enforcement block grant approved by the Board at $120,000 for another total of $317,000. He stated taking all those into consideration, the Board is looking at $1.5 million dollars today.

Ms. Barker stated the focus today is that the Sheriff, her, the Sheriff's Office, the Police Chiefs, and the citizens of Brevard County are here to ask the Board to bring on a formal intelligence unit; the cost to the Board for the remainder of this fiscal year is $327,000; that is what they need to focus on; and all the issues that Commissioner O'Brien spoke of in regard to the medical contract, food contract, and the rest, are going to be issues from mid-budget year like every other County agency. She stated those are not due to the Board yet; she is working with the County Budget Office to provide what they need and what she can do to provide them the information, as well as every other County office; and to her understanding, that is all going to be brought to the Board on April 30, 2002. She stated those are the decisions they can talk about then; all the things that the Board is discussing are issues that they are all going to address as a County agency in April; but the focus they are asking for today is to bring on the intelligence unit based on the terrorist demands for this County today. Commissioner O'Brien stated Ms. Barker appeared before the Board and got grant approval in November 1998; the local law enforcement block grant was approved another time; and things should not be done one day at a time. Sheriff Williams stated Commissioner O'Brien is referencing last year's budget. Commissioner O'Brien stated this is the FY 2001-2002 mid-year supplement. Ms. Barker stated the reason that is, is because the Budget Office brings forward the match at mid-year the next year; they do not get the match once the Board approves it in the last budget year; they do not get that match money on October 1; and County Budget Office brings it forward. Commissioner O'Brien stated sooner or later the Sheriff gets the money; he is looking at the broader picture; Ms. Barker came two years ago and the Board approved it; they got their money this year; today she is saying give them $327,000 next week or next month and they have to have it this year; the Sheriff's office has been coming back to the Board once every two months needing $100,000, and $800,000 for medical service, etc. Sheriff Williams stated the case was tried and the verdict was in on those appropriations, which Commissioner O'Brien referred to, in the last budget year; and he is trying to retry the case now. Commissioner O'Brien stated he is not trying to retry the case. Sheriff Williams stated the historical practice of the County Budget Office is to bring those costs forward that had been previously approved by the Board for mid-year budget supplement; they are not coming up here with that; that is not the first time the Board has seen it; and it was dealt with last fall. Commissioner O'Brien stated that is correct, and he is not retrying anything here more than to say it is in the Sheriff's budget; and perhaps he can fine tune his budget. He stated the Sheriff found $220,000 in his budget; he wants to know where he got that money from and where else can he get more money that might be in his budget; and he does not know the answer because he has asked and Mr. Rogero contacted the Sheriff's Office and requested that information, but there has been no response to date. Ms. Barker stated Mr. Rogero contacted the Sheriff's office on Friday. Commissioner O'Brien inquired if Mr. Rogero contacted the Sheriff's office before Friday; with Budget Manager Dennis Rogero responding not about Commissioner O'Brien's particular question on personnel. Commissioner O'Brien stated Mr. Riley and Mr. Sarver met in his office more than two weeks ago and were told he would ask this question today; and he wants it broken down where the funding is coming from and if there are other surplus funds that may be there. Ms. Barker stated they attempted to address that with the dollars they have thrown available to absorb the cost; it is really the Board's call; they have come forward to provide the Board what law enforcement needs to protect the citizens; they have come forward and met the Board financially in a pro rate share of that cost; and it is the Board's decision to determine if those financial resources are necessary to implement the project. Commissioner O'Brien stated he understands that very well and so does everybody here, including the Sheriff; but how much further can the Sheriff go with his funds that he presently has available through his budget that may be unspent or surplus is what he wants to know. Ms. Barker stated they have documented that at this meeting today; it is $220,000; they are requesting $327,000 from the Board; and that number has been brought forward right now. Commissioner O'Brien stated that number was brought forth verbally, but not the information of how that number was attained. Sheriff Williams stated they attained that number speculating that they will have the same amount of money to return to the Board at the end of the budget year as they have in the last four budget years; that is a safe bet; every year between $200,000 and $300,000 is given back to the Board; and simply put, they will not be giving that back this year; and that is where the money is coming from. He stated there is not another pot of money; there is no general fund money, MSTU money, or money from Contracts with the City of Cape Canaveral; those are funding sources; and there is no other money. He stated the $220,000 is based on projections from the prior year historical data; that is where the money is; and that is all there is. He stated he cannot control the medical contract or food contract costs; as Mr. Jenkins put it, they have been riding on a song and prayer for years and it finally caught them; MSA and PHS have been asleep at the switch and doing for Brevard County for eighty cents on a dollar; and they are not willing to do that any more. Sheriff Williams stated they shopped it and could not find anyone foolish enough to take it for that kind of money; and rather than have Magistrate Baker intervene to run the jail, the Board has two choices, either his office runs the jail for the Board or it can do like Orange County and take it over; but now Orange County is trying to give it back to the Sheriff who is too smart to take it. Commissioner O'Brien stated he wants to see how other counties approached this problem so he can look at other solutions besides throwing general fund money at it; it would only be fair to do that; and because of that he moves to table the item until the Board has the proper information.

Motion by Commissioner O'Brien, to table the request from the Sheriff to fund an intelligence unit at $327,000 for the remainder of this fiscal year.

Chairman Scarborough stated he is not going to accept the motion until all Commissioners have the opportunity to speak.

Commissioner Colon stated these are hard times; it almost seems like "don't shoot the messenger"; Sheriff Williams is just coming to tell the Board what is going on and his needs; and it is difficult on both ends. She stated she would be more than willing to go forward today, but the Commissioners have to go before their bosses, which are the same bosses the Sheriff has, and want to be able to identify and have in writing to say to their bosses when it comes time to make hard decisions during the budget cycle and potentially in November, to share with them why the Board has to do this; and they have to have it all there before they make that decision. She stated she has not heard from any Commissioner that they would not support the Sheriff; the timing is lousy; the medical contract is something that is out of their hands and nothing the Sheriff or the Board can control; but they need all the documentation to get their ducks in order so they are able to make the tough decisions that have to be made this year that they did not have to make in the past. She stated she does not want the Sheriff to get the wrong impression. Sheriff Williams stated he understands and welcomes the spirited debate; like Commissioner Higgs said and Commissioner O'Brien went through, it is a debate; and it seems like the burden is on local government where the only meaningful debate is occurring. Commissioner Colon stated it is difficult to figure out where all the millions of dollars are needed; the dialogue has to be between the Board and the State and national delegations; that is serious conversations that have to take place; she cannot expect the man in the trenches who needs all the tools to get the job done for her without tools; and it goes back to shooting the messenger. She stated she does not want the Sheriff or his staff to get the wrong impression; she is going to do her homework, which is to be able to make sure the delegation is fully aware of the issues; they are scrambling and have to go back into their budgets; but the Board is scrambling also and has to go ahead with it. She stated the intelligence for terrorism was not part of the Sheriff's job description before September 11; the community needs to realize how serious this is; there are cells everywhere; and the Board knows it is important, and is going to take a serious look at it, but wants to make sure it has the information in black and white.

Commissioner Carlson stated the Board supports the intelligence unit, but it needs to get its ducks in a row and get a clear picture before saying okay; she received a memo from Mr. Jenkins on the 2001-02 and 2002-03 budgets and the impacts; and it is incredible what the State has put on the County to fund drug court and the juvenile assessment center at almost $300,000 and next year closer to $700,000, not to mention the intelligence unit. She stated the Board does not know the overtime cost to combat terrorism and the positions for terrorism coordination; once it has a clear picture, it may be able to do something more effectively; but based on the conversations she heard, the Board cannot make a clear decision today, but can entertain a motion to consider it.

Chairman Scarborough stated there has been another failure on the part of the federal government that has been absent from the conversation; the news was peppered with Mohammed Altera being given a student visa by INS; the most infamous character out there is able to get a student visa after-the-fact; there are others much less infamous who require a lot more investigation by local law enforcement; but he is prepared to vote for this request right now because it needs to be done. He stated there is a continuing failure that has been demonstrated; and the Board would be failing the community in not appropriating the funds.

Sheriff Williams advised as a citizen of Brevard County, in all due respect to the federal law enforcement brothers and sisters, he would not want to stake his hide on what they were able to do September 11; but there is work to be done. He stated it is not a pet project or pilot project; there are counties and sheriffs who are sticking their heads in the sand, but he is not among them; and he does not believe Brevard County should be either. He stated $327,000 is a lot of money; he can come up with the remaining cost of $220,000; and requested the Board not quibble over the jail contracts today because it is going to be $800,000, a million, or $600,000, but it is going to be more than the County had to pay in the past. He stated the inmates have to be fed; they are getting hotdogs and macaroni and cheese, not filet mignon; so whatever it costs to fee them hotdogs, that is what has to be done. He told Commissioner O'Brien if he could fund the whole thing because of its importance, he would not be here today and would have done it already; there is not a pot of gold and there never is because they haggle over his budget every year; and they do the best job they can. He stated there is no secret bullet; Ms. Barker and Mr. Rogero have a professional relationship; and requested the Board front the money today because the mission cannot wait. He stated if they under-spend, he will cut the Board a check for it.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to approve $327,000 as partial funding of an intelligence unit for the Sheriff's Office, comprised of five deputy agents, one agent sergeant, and two civilian support technicians for the remainder of this fiscal year.

Commissioner O'Brien stated the Board agrees with the Sheriff, but it has to look at how the other six or seven counties are looking at the same problem; the Sheriff has $220,000 currently to carry the unit through October 1, 2002; he is asking for $100,000 a month for the unit; so even if the Board holds off its decision for 30 days, the Sheriff has sufficient funds to go for 60 days with the $220,000 he presently has. Sheriff Williams stated he does not have the people; they are five people who will become employees of the Sheriff's Office, not five employees they have currently and can put some place else; Orange County does not run a jail and its budget is over $100 million; and they do not have an MSTU, only a general fund tax; but they can assign one of their 1,600 officers and two or three agents; however, his office is not so fortunate. He stated this is something that cannot wait; but if the Board wants to wait on it, it can wait on it; but he is here today to do business. Commissioner O'Brien stated he is here to do business also; he has to represent the taxpayers of the County and the Sheriff has to represent their public safety; there is no problem with that; but he wants to know what his other options are before throwing money at the problem. He stated he is not sure or positive that the only solution is to give the Sheriff $327,000 this year and $800,000 next year. Sheriff Williams stated the only solution is to hire the people and put them to work; the quibbling is about who pays for what; he is going to ask the Board to pay for the whole thing next year; and he can pay $220,000 this year, but there is no place else to find any more money. Commissioner O'Brien stated this item plus the jail, plus the medical services, etc. starts to add up. Sheriff Williams stated it is a big ticket item and he is not going to quibble over the fact that it is a lot of money. Commissioner O'Brien stated he is certain the unit is presently staffed although the Sheriff had to take officers off other duties to do that; the Board would like to help with that problem, but needs two weeks to make that decision so it can go to other counties to see what they are doing and compare it to Brevard County; no one knows if the other counties are hiring nine, twelve, one, or three agents; and he would like to find out before saying nine is the right number of agents. He noted he may come back and say the average is four agents and the Board should give the Sheriff four positions. Sheriff Williams stated Brevard County is not an average county.

Commissioner Higgs advised instead of needing $547,000, the Sheriff will fund $220,000 so the Board will need $327,000 and another $600,000 or so in the budget; and inquired where will staff get that money from today. Mr. Jenkins advised to fund the $327,000 today, he would recommend taking $193,000, which is an increase due to the final taxable values, and the balance of $134,000 from the court collections. He stated the County has been waiting since 1999 to get updated numbers from the Clerk's Office on how much money it is getting in court collections; they expect that to be a recurring revenue; so they would increase revenues in court collections by the balance and show that as additional revenue and additional expense. Commissioner Higgs inquired where will the additional $600,000 for health care and food for the jail come from; with Mr. Jenkins responding he would take $447,000 from the General Fund Reserve and the balance from unanticipated fund balance. He stated the $447,000 is from insurance equity, and $150,000 plus would be from cash forward. Commissioner Higgs inquired what other demands at mid-year is the Board going to have to look at of a similar unfunded nature as the two requests, and are they $194,000 for drug court and $90,000 for the juvenile assessment center; with Mr. Jenkins responding Mr. Whitten is trying to get the Public Safety Department to absorb as much of the drug court costs as it can; and anything short of the Public Safety's budget will come from the contingency per Board action.

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

Commissioner Higgs inquired if the motion was to approve the $327,000; with Mr. Jenkins responding yes. Commissioner Higgs inquired if the funds are coming from court collections and taxable value increase; with Mr. Jenkins responding affirmatively. Chairman Scarborough stated unless there are any further questions, the Sheriff has the authority to proceed.

Motion by Commissioner O'Brien, to direct staff to find out what other counties are doing regarding and intelligence unit and bring back a report in two weeks.

Commissioner Carlson stated there are a number of questions that need clarification, so the Board needs that directive to staff to bring it back through the Sheriff's office.

Commissioner O'Brien inquired if a financial audit on the Sheriff's budget is done every year; with Sheriff Williams responding yes. Commissioner O'Brien stated if the Sheriff looked closer, he may find more money to solve other problems.

The meeting recessed at 10:59 a.m., and reconvened at 11:09 a.m.

PERMISSION TO APPLY FOR AND ACCEPT GRANT FROM FLORIDA INLAND
NAVIGATION DISTRICT, AND APPROVAL OF MATCHING FUNDS, RE:
PURCHASE OF PATROL BOAT FOR SHERIFF'S OFFICE'S AGRICULTURE/
MARINE UNIT

Motion by Commissioner Colon, seconded by Commissioner Carlson, to authorize the Sheriff's office to apply for and accept a grant from Florida Inland Navigation District (FIND) to purchase a new patrol boat for the Agriculture/Marine Unit, and approve matching funds of $33,500 from the Board's General Fund Contingency. Motion carried and ordered unanimously.

Commissioner O'Brien requested Curtis Dorman explain why the boat given by Florida Marine Patrol to the Sheriff's Office was returned. Mr. Dorman stated they have four motor boats and three airboats, and will get rid of one; Florida Marine Patrol loan the boat to the Sheriff in 1997 when they did not have one; they used it up to a point where it was going to fall apart; part of the agreement said they had to maintain it and give it back in the same condition they received in; and it was old and worn out, so they had to give it back to keep from paying for repairs.

Commissioner Higgs inquired if Mr. Jenkins is estimating court collections as a source of revenue in the amount of $134,000; with Mr. Jenkins responding he came up with $137,000, but Mr. Whitten said $134,000 and change. Commissioner Higgs inquired if there is a total figure, because the memo did not have a figure; with Mr. Jenkins responding that would be a piecemeal increase to the court collections; they will show the same mount of revenue increase and the same level of expenditure; court collections is a revenue item in the budget; and they will increase that revenue by $134,000. Commissioner Higgs inquired if all of it will be put towards the intelligence unit; with Mr. Jenkins responding yes. Commissioner Higgs inquired if that is the total mount of collections staff anticipates the Clerk is going to tell the Board about; with Mr. Jenkins responding he does not know what the Clerk is going to tell the Board. Commissioner Higgs inquired if Mr. Jenkins is estimating $134,000; with Mr. Jenkins responding he is cautiously optimistic it will be there; and if not, they have to adjust something else. Commissioner Higgs inquired if the motion designated $134,000 from court collections and $193,000 from insurance; with Mr. Jenkins responding it is not insurance, but the final assessment roll increase.

ANNOUNCEMENTS

Chairman Scarborough advised the Board has a 10:00 a.m. time certain, followed by an 11:20 a.m. time certain for Mr. Carlson; it has an executive session at 11:30 a.m.; and anyone in the audience anticipating their item being heard will find the Board will not have time to do them, so they can excuse themselves for lunch. He inquired if the Board wants to set a time to return from lunch; with Commissioner O'Brien recommending 1:00 p.m. Chairman Scarborough stated the Board will return at 1:00 p.m. after it hears the time certains.

DISCUSSION, RE: SCHOOL CAPACITY AND MINIMAL IMPACT

Anita Ott, Chairperson of the Planning and Zoning (P&Z) Board, advised the P&Z Board asked for more specific guidance and criteria on the school overcrowding policy. She stated if the Board of County Commissioners wants the P&Z Board to take those issues under consideration, the policy is unclear, so the P&Z Board requested more information to have clear guidance on the school capacity issue.

Commissioner O'Brien stated if there is downzoning, the Board should approve it; but if someone wants to increase density, the Board should look at it to determine if it has a negative impact on the schools in the area. Ms. Ott stated the item that concerned her was the ten acres in Mims where the property owner wanted to sell five acres for one house on the five acres; but that one house would cause overcrowding of the school; and that is hard to do in Mims.

Chairman Scarborough requested Ms. Busacca explain the policy of school overcrowding.

Assistant County Manager Peggy Busacca advised the Board of County Commissioners determined several months ago that it was going to review rezoning requests for any increased density and their impacts on school capacity; in October, 2001, the Board discussed options as to review thresholds, and determined that all residential rezoning requests, including an increase of one unit, would be reviewed, and if there had been insufficient school capacity, that could be reason for denial of that request. She stated the Board also decided in the event there was testimony heard that was conclusive enough that supported no additional school impact the request could be approved; subsequently, a number of rezoning requests came forward and there has been a variety of approvals and denials based on specifics of each case. Ms. Busacca advised the Board also discussed that it would like to perhaps consider a diminimus impact, which could mean that under certain circumstances the Board could say there is such a small impact, and the uncertainty of whether a child would be in that house that could impact the school system would be so slight that it could say one, two, or perhaps more units would be exempt from that policy. Chairman Scarborough stated the Board would not consider that if it was one, two, or whatever it determines under the diminimus concept.

Commissioner O'Brien stated he has no problem looking at a request from AU to SEU where the increase is one unit only or a request to reduce multifamily to single-family zoning because it will benefit the community and prevent overcrowding of schools. He stated people who own property already zoned for multifamily can develop without coming to the Board. Chairman Scarborough stated remaining the same density or going down has never been an issue; it is only when they request an increase in density that it becomes an issue; and inquired if the Board is going to have some threshold before it even examines a request. Commissioner O'Brien stated one unit is reasonable.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to exempt requests for one unit from the school overcrowding policy. Motion carried and ordered unanimously.

Commissioner O'Brien stated he is not sure if the P&Z Board got the message on downzoning because it denied a project on Merritt Island because it was a request where the schools were overcrowded.

Chairman Scarborough advised Ms. Ott that the Board increased it to one unit where the issue of school capacity would not arise, and anything over that would be determined by facts of whether it may or may not increase the impact on schools. He noted an elderly community would not impact schools; and dividing ten acres for one unit would not come up as an issue.

Ms. Ott stated that is a step, but she is not sure it will satisfy the P&Z Board members. She stated she understands what Commissioner O'Brien was talking about, but her concern about that had nothing to do with schools. She stated it is difficult to decide if two houses can be put on the property if it is going to overcrowd schools; and the only way the P&Z Board can pass it is if the people promise to put their children in private schools. She stated that is a hard decision for the P&Z Board to make and a person to promise. Commissioner Carlson stated that would not be legal.

Commissioner O'Brien inquired what else does the P&Z Board want to know from the Board of County Commissioners; with Ms. Ott responding they want to know specifically each time when one of those items come up just how much it is going to impact their decision. She stated they were extremely upset over the Mims item and the next meeting passed all the requests because they could not really make a decision.

Commissioner Carlson stated the P&Z Board is familiar with the arguments made by the Board on the items identified on the Agenda item as approved and denied; it could base its discussion on similar arguments, but it cannot require private schools because it would not hold up in court. She stated there are other arguments to get the real facts based on someone's intent; and that is where the P&Z Board has to go and then make a recommendation to the Board of County Commissioners. She stated the Board will look at the facts as they are and use the recommendations of the P&Z Board as part of that, then determine where to go from there.

Commissioner O'Brien expressed appreciation to Ms. Ott for all the years she spent on the P&Z Board and numerous hours of volunteer work she has done. He stated he hopes she will stay awhile because she has done a great job.

PERSONAL APPEARANCE - ROLAND CARLSON, RE: CODE ENFORCEMENT

Roland Carlson requested waivers and injunctions; stated it is in the Board's power to give waivers and injunctions when Ordinances are at stake; and advised he has been cited many times for Ordinance violations. He stated the working used in the Ordinance does not compete with the Constitution although it describes the Ordinance on how they feel; junk in his estimation has to be described by the dictionary version; he has been accused of storing rodents, snakes, metal beams, piping, long boards, etc.; and none of those things are dangers to anybody's health, safety, and welfare. He stated it is a determination by the Zoning Board that it would be dangerous if a storm comes up; he has various supports to tie the things down; all the stuff is to bring his house into compliance; and although Housing Development is trying to help him with getting the place into compliance, he is living on the property in a school bus, which under the Ordinance is okay, but now he is told it is not okay because the house is not up to compliance. He stated he can have five recreational vehicles on the property if the house is up to compliance; he cannot have it while it is not up to compliance; the recreational vehicles support him with some financial means, which is a necessity to finish the property off; and he bought the house with government money and is trying to stay there with government money that he gets every month. Mr. Carlson stated it is unfortunate that he was a drinker throughout his life and did not save money to pay cash for all the stuff; but he is fortunate that he does not drink any more. He stated he was homeless before he moved into the area; he is no longer homeless; but they are trying to make him homeless because he is not able to come into compliance, not only with strength, but with throwing his stuff away. He stated he does not want to throw away what is a necessity to him and what was put on the property not against the Ordinance; he did not know there was an Ordinance to comply with out there because that area is not in compliance with Zoning Ordinances anyway; it is not fully structured and has dirt roads; and the school bus will not drive up the roads. He stated under the laws, if people live within two miles of a school, the school bus comes and gets them, but some of the homes are two miles from SR 520 and the people have to walk or the parents have to take them down there because the school bus will not come into the compliance with that law. He stated they can adjust as far as compliance goes with Ordinances; it is the Board's jurisdiction that it can do that; and he is not getting much headway with the Ordinance people or Building Department. He stated he wanted to tie the house down according to the Building Code; he has the tie downs and chains and straps if they feel it is unsafe; the foundation was approved before the house was set up on it; and he does not like the I-beams under it and wants to change it and bring the house up to Code as far as cement blocks all around it and the house setting on it, but that will take time and strength. He stated it will take him a little bit of time because he is wearing out of strength, but the main fact he is looking at is becoming homeless again. Mr. Carlson stated he does not understand the laws of this country anymore that can provide that even though a person has a roof over his head it does not come into compliance; and the roof he has is in better shape than any house structure they have in the area right now because it is called a school bus. He stated the State of Florida will not change the description of a school bus until he cuts the front off of it; in order to take the front off, it will take him time and will take him away from the building structure of the house; so he is being pushed in one direction and going in another direction. He stated he is going around in circles and has come to the Board to see if it will give him at least six months; if they come out and say what he has to do, that is fine he will go ahead and do it to sturdy the house down; but he needs at least that amount of time unless the County Housing comes through and supports the money to finish the house so he can live in it. He stated he has a lot of stuff out there that is being sold; he made preparations with a couple of carnivals to take some of it off his hands; but the main thing is he cannot see it would be in the interest of the public for him to throw it away and it would not be in his interest to throw money away that he does not have. He stated all the stuff was from his children; they said to sell it; he can do that for them because he took away so much from them while he was drinking; and he does not want to go back to drinking and will not let the system aggravate him into drinking. Mr. Carlson stated there is a law of taking by being unreasonable; he is trying to be reasonable and hopes the County officials will be reasonable with his situation; and he is not trying to get away from doing things that are appropriate in their minds. He stated as for aesthetics, it means a lot to him too, but the word "junk" means a lot to him also; and he does not believe the County has the jurisdiction to change what the words are, but it does say they have to comply with the law.

Chairman Scarborough advised there is an appeal filed from the special master; and requested staff explain it. Code Enforcement Manager Bobby Bowen advised Mr. Carlson appealed his case to the Circuit Court, which is the proper venue to find some relief in his current situation; the photos speak for themselves about his current situation; and it will be a matter of the court, if it chooses to hear his appeal, to make a determination whether or not the Code is unconstitutional as he alleges, and whether or not his rights are being violated.

County Manager Tom Jenkins advised he requested the Housing and Human Services Department to try and assist Mr. Carlson; and J. B. Kenna may be able to give the Board a status report on that.

Mr. Carlson stated it is not so much the Code not being in compliance and unconstitutional, but it is unconstitutionally applied to him right now because he was not notified before he bought the house what he could and could not do in the area; and he thought because people were doing things there that he would be able to do the same things since the property is in the woods. He stated he cannot be in compliance with bugs, rodents, and snakes because they are running all over the place; he moved some trash yesterday that he did not pick up a couple of weeks ago, and there was a big black snake; that snake is protected; and if he killed it he would go to jail. He stated he wants to get into compliance and get away from this because he has a duty to his country that he is going to follow through with litigation because he has that schooling; but the fact is he needs to ask for at least six months. He stated a lot of vehicles they call junk are going; he would like to keep a few things to use on the property for his benefit; and he is trying to get permission to do that. He stated every time he asks for permission it costs him money that he does not have; and if he keeps spending the money for permits and structural engineers, he will not have any to do the house. He stated one way he is and one way he is not, but if he keeps having to come to Viera and spend money, he is not going to get the house done; they are going to eminent domain it; and he is going to have to tear the house down, which is going to take a lot of energy. He stated that would be unreasonable because the house structure is very good; the foundation is very good; and there are just a few things that have to be done.

Chairman Scarborough stated the question was how can the Board help him; and requested Mr. Kenna elaborate on the situation. J. B. Kenna advised Mr. Carlson applied for the rehab and repair program that is offered through SHIP; he, inspectors, and a supervisor have been on the property and inspected the home; and right now they are doing a determination of eligibility. He stated the pictures show some issues associated with not only the eligibility of the household to be repaired; it was moved from Merritt Island before Mr. Carlson bought the property; and it was placed incorrectly on the foundation that was there. He stated whether it meets Code requirements or not, even if Mr. Carlson is eligible, there are other issues regarding spending of that money; traditionally when they do a rehab and repair, the first thing they do is bring the home up to Code; there are some significant expenses associated with bringing that property and house up to Code; so they are continuing to look at the rules and will have the report for the County Manager by the end of this week. Chairman Scarborough inquired if staff will determine how much and where they can help Mr. Carlson; with Mr. Kenna responding if the eligibility would give him enough money to bring the property up to Code.

Mr. Carlson stated if he does not get the eligibility because of financials, if he can get the time, he can still meet compliance with the house in six months; he may not be able to put the septic tank in as yet because he filed for that being put in; that would probably be a year before they have funds to do it; but he can use a port-a-potty. He stated as for water, he has pumps to bring in the water, but cannot drink that water, so he has to cart water in; and he needs a trailer to cart water in and sewage out. He stated they cannot find feces around his property unless it is animal feces; he does not do things like that; there are feces going into the ground around there because of septic tanks; and since they live in a modern time, there should be sewage throughout the area. He stated they have roads, people, and children established; the most important thing is to put sewage out there so their children are not hampered with having to clean up the mess later; and that would be in the interest of the public and should be paid by the whole public as an appropriate tax. He stated the people out there are being subjected to having to put the sewage system in themselves; that is not appropriate when the State is pledging credit to private industry; the most important thing in this country is to provide for the children; and government is not doing that. Chairman Scarborough stated there is not going to be sewer out there at the end of the week. Mr. Carlson stated the area is not in compliance with the laws right now, but everybody started out there some place and had the same problems he is having, but some are trying to say just because they had problems does not mean he can have the time; however, he needs the time right now and it is the Board that has the jurisdiction to give him that time.

Chairman Scarborough stated the Board will get the report this week; Mr. Carlson can get a copy of it; and it will see if there is a means to work with him to expedite resolving his problems, which will be best for him and for the Board. Mr. Carlson stated it would be appropriate for the Board to go out there and look at the property and sew what they are calling junk in the Ordinance and that the property is a mess; the property is not a mess; it is in compliance all the way, better than a lot of properties around there; but the fact is that would be giving the Board a picture of the situation he has. He stated he can do those things, but it will take time because of his energy and money situations. Chairman Scarborough stated the Board understands that and that is why it asked for the report; and it will know more about the situation when the report comes in. Mr. Carlson stated those pictures are not the pictures he took; the pictures he took look a whole lot better than those pictures; they were taken low and showed grass growing up; and the grass is not grown up like that. He stated the grass is very well cut; he chased the snakes out yesterday; and if he was caught chasing the snakes out, it would be like him picking up the turtles on the beach and bringing them back to the water; and he was arrested for that years ago. He stated the County has laws; people are getting paid to comply with the laws; sometimes there is not a reasonable thing in there and they have to make an arrest or apply those laws to keep their jobs; they have to be doing something; but there are better things they can be doing. Chairman Scarborough inquired if Mr. Bowen has any comments; with Mr. Bowen responding time is running on the junk vehicles violation; the home is one thing and the junk vehicles is another; and if he is not in compliance with the junk vehicle Code, staff plans to go back on April 11, 2002 and ask the special master for permission to have the County abate the nuisance. Mr. Carlson stated the problem with the Ordinance is he can have five recreational vehicles out there, but because it is not in compliance, they are going to come out and tow those vehicles away; those vehicles are a necessity for his life and pursuit of happiness; and they are going to take them. He stated he has done a lot of art work on some of the vehicles but is not done yet; he could weld them all together and say that is his statue; and if that has to happen, that is what he is going to do because he has a welding machine. He stated the fact is he does not think that is appropriate because now it is going into another ingredient of law. Chairman Scarborough stated the Board is not the interpreter of the law; the special master has been set up to do that independent of the Board; staff has been asked to assist Mr. Carlson; but at this juncture, it is almost like it is in the court system. Mr. Carlson stated he understands that perfectly and is trying to keep it out of the federal court system because that is going to cost a lot of money and that is not in the interest of the public. He stated the fact is they do have words that have to established correctly; and that is not being done; the Board cannot say black is white or white is black; but that is what the Ordinance is saying. Chairman Scarborough advised the Board has to adjourn for an executive session. Mr. Carlson expressed appreciation for the time.

The meeting recessed at 11:38 a.m., and reconvened at 12:59 p.m.

PUBLIC HEARING, RE: DEVELOPMENT AGREEMENT WITH H&M SHOPPING CENTER,
RE: VESTING TRANSPORTATION CONCURRENCY

Chairman Scarborough called for the public hearing to consider a development agreement with H&M Shopping Center to vest transportation concurrency. He stated there is a resolution on the finding of fact; and the Board has the option to adopt it or modify it.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution denying H&M Real Estate Inc.'s request that the County enter into a development agreement to vest transportation concurrency for the shopping center site plan, ad establishing finding of facts. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN VILLA De PALMAS SYKES COVE, SECTION II - JOHN AND DIANE
WEAVER

Chairman Scarborough called for the public hearing to consider a resolution vacating a public utility and drainage easement in Villa De Palmas Sykes Cove, Section II, as petitioned by John and Diane Weaver.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN VILLA De PALMAS SYKES COVE, SECTION II - JOHN AND DIANE
WEAVER

Chairman Scarborough called for the public hearing to consider a resolution vacating a public utility and drainage easement in Villa De Palmas Sykes Cove, Section II, as petitioned by John and Diane Weaver.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution vacating a public utility and drainage easement in Villa De Palms Sykes Cove, Section II, as petitioned by John and Diane Weaver. Motion carried and ordered unanimously.

Commissioner O'Brien advised it is a deed-restricted area and need approval from the Homeowners Association to put on an addition.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
BAREFOOT BAY, UNIT ONE - ABBOTT MANUFACTURED HOUSING, INC.

Chairman Scarborough called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit One, as petitioned by Abbott Manufactured Housing, Inc.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit One, as petitioned by Abbott Manufactured Housing, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN BANKER'S
RESERVE PROPERTIES, INC., FIRST ADDITION TO MICCO - LEONARD D.
HEARNDON

Chairman Scarborough called for the public hearing to consider a resolution vacating rights-of-way in Banker's Reserve Properties, Inc., First Addition to Micco, as petitioned by Leonard D. Hearndon.

Commissioner Higgs inquired if the Land Development staff still objects to the vacating; with Cynthia Streeter responding yes, and the petitioner requested continuation of the public hearing to April 16, 2002.

There being no further objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to continue the public hearing on a resolution vacating rights-of-way in Banker's Reserve Properties, Inc., First Addition to Micco, as petitioned by Leonard D. Hearndon, until April 16, 2002. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING ALLEYS AND RIGHT-OF-WAY IN
JORGENSEN'S PLAT OF GRANT - GRANT COMMUNITY CLUB

Chairman Scarborough called for the public hearing to consider a resolution vacating alleys and right-of-way in Jorgensen's Plat of Grant, as petitioned by Grant Community Club.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution vacating alleys and right-of-way in Jorgensen's Plat of Grant, as petitioned by the Grant Community Club. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 62-3316, MULTIFAMILY
RESIDENTIAL DEVELOPMENT SIGNS

Chairman Scarborough called for the public hearing to consider an ordinance amending a portion of Section 62-3316 relating to on-premises development signs for multifamily residential buildings.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to adopt the Ordinance amending Chapter 62, Article IX, Code of Ordinances of Brevard County, Florida pertaining to signs; specifically amending Section 62-3316 relating to on-premises signs; revising the criteria for multifamily residential buildings wall-mounted identification signs; providing applicability in unincorporated areas; providing interpretation of conflicting provisions; providing severability; providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTIONS 62-1102 AND
62-1906.5, AQUACULTURE REGULATIONS

Chairman Scarborough called for the public hearing to consider an ordinance amending the Land Development Regulations relating to aquaculture.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner O'Brien, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Section 62-1102 by amending the definition of aquaculture to include retail sales of product on site; deleting Section 62-1906.5 thereby deleting the conditional use permit for aquaculture (Case II) in residential zoning classifications; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code of Ordinances. Motion carried and ordered unanimously.

ACCESS WAIVER, RE: CLAIRE'S COVE

Commissioner O'Brien inquired if the legal problems have been resolved. County Attorney Scott Knox advised the Board asked him to look at it and there is an easement there, so it is appropriate for the Board to consider whether or not it wants to waive the restrictions.

Motion by Commissioner O'Brien, to waive the access restrictions for Claire's Cove.

Chairman Scarborough advised there are several speaker cards.

Elfriede Henthorn of Minna Lane stated she was not informed about the condo situation until a lady came by with a petition; they want to build a road to Minna Lane; and inquired if it was not good for the other side, why is it good for their side. She stated Minna Lane is too small for that many condos; there will be fumes from the cars; there are many places out there to build; so she cannot understand why t hey have to cling together and make traffic stop. She stated they have trouble getting out on North Courtenay Parkway now; and they would have to put in a stoplight, which will not work.

James Mayes advised his attorney Mitchell Goldman was not able to be present; and requested the right to have rebuttal at the end of the speakers. Chairman Scarborough inquired how should the Board proceed with this item; with County Attorney Scott Knox responding it is a waiver so the Board an handle it as a rezoning with rebuttal at the end if it desires. Commissioner Higgs suggested ten minutes for presentation and five minutes for rebuttal. Chairman Scarborough advised Mr. Mayes he has ten minutes for his presentation and will have five minutes for his rebuttal.

Mr. Mayes advised he is here to apply for a waiver to provide access for a community that had formerly been approved in the mid 1980's for 60 units; and they are proposing a 40-unit townhome community with fee simple ownership, meaning all the people who will live there will own their units. He stated if the Board grants the waiver, it would provide the opportunity for him to build the project at a lower density than previously approved; it would retain 30 jobs in the area, which are needed by the County; it would foster new home ownership, which has been an objective of this and prior administrations for first-time homebuyers; and it would present a substantial redevelopment opportunity in an area that has a low percentage of home ownership. He stated less than 50% of the homes to the west are occupied by homeowners; the area to the north is less than 10%; and the area to the south is less than 70%; so they are proposing a community that would infuse much needed homeownership in the area. He stated he is not going for site plan review today and not discussing site plan issues; he is asking for a waiver for access so he can build a nice community and allow 40 people to buy homes for the first time; however, when they apply for their development permit, they will meet all the requirements of zoning, drainage, easements provided to the County, and anything else they have to do to provide the best and most legal and safest community for would-be residents. Mr. Mayes advised they are proposing a mixture of one and two-story buildings, which is compatible with the current area usage and will not have direct access to Hurwood Avenue to the north. He stated some people on Hurwood Avenue objected to the proposed use of Hurwood Avenue as County staff asked him to do; and implored the Board to allow him to provide the dream of new homeownership to 40 people. He stated there was an issue of how to raise money for certain things earlier in the meeting; one way the County generates revenue is from property taxes; and the property would be infusing $40,000 to $50,000 per year in additional tax revenue if he is allowed to build it and complete it as proposed. He thanked the Board for its consideration.

Diana Howard of Hurwood Avenue, stated she is opposed to the vacation of the easement; and presented and explained an overview of Section 26, which is one square mile by one square mile to demonstrate how densely populated the area already is. Commissioner Higgs stated the Board is not going to vacate the easement; and Mr. Mayes is requesting the use of it as an access. Land Development Engineer Bruce Moia advised the request is to allow for access on an existing easement for more than two single-family units. Ms. Howard stated she has a copy of the legal description of the easement; it is her understanding it is a private and not public easement; and being private, that would indicate it would be in favor of all the condo owners. She stated it is intended for continuing phases for Isles of Merritt to have access to the underground utilities as they presently exist as each phase is built; and there must be a vote from all the condo owners because they own title to a portion of that easement. She stated the Vitalizer is one of the phases, an office complex that sits directly behind it is also one of the phases; there is a 15-unit condo complex also; and inquired if those people own a portion of the easement in fee simple title, do they have a say if it can be used for Mr. Mayes to have access to the condos he wants to build.

County Attorney Scott Knox stated it may be true, but that is not what the Board is here to decide today; it is to decide whether or not, under the County's regulations, Mr. Mayes would be entitled to use the easement as a way to access his property; and whether the private owners of the condos have an action or some kind of right to stop the use of that easement is a different issue. Ms. Howard inquired if the people should have been notified that Mr. Mayes wants to do that. She stated she is not sure it is up to the County to decide whether he can use the easement because it is a private easement. Mr. Knox advised it is up to the County to decide whether he can use it under the County's regulations; but the restriction of the use that inures to the benefit of the private owners is something between the private owners and the people who want to use the easement. Ms. Howard inquired if it would be up to Mr. Mayes to contact the private owners if the Board decides to allow him to use it as an access road.

Chairman Scarborough stated that is a separate issue; if Mr. Mayes bought the easement and everything was in order, the Board could still deny it because it does not think it is appropriate to use an easement to access the property. He stated the Board has that prerogative independent of the ownership of the easement and for totally different purposes; and if there is a dedicated road right-of-way, that is looked at differently. Ms. Howard stated Minna Lane has a dangerous S curve; it is a 40-foot right-of-way; two cars cannot pass at the same time; the proposed entrance would compound the dangerous S curve; and she cannot see it as workable. She stated it was denied on Hurwood Avenue because it is a 50-foot right-of-way; and Minna Lane is even smaller with no sidewalks. She stated there are seniors and children in the area; she cannot see that it is feasible; and urged the Board to consider not allowing Mr. Mayes to use the easement for access to his development.

Mr. Mayes advised they have contacted all the owners of the Isle of Merritt; at the last meeting he submitted a letter from the majority of the owners stating they have no objection to his continuing the buildout of the project's final phases; and that is what he intends to do. He stated when they purchased the property, they obtained legal right to use the easement; they have gone the extra step and contacted all the surrounding property owners and owners who have no direct impact on, such as Ms. Howard; and Hurwood Avenue will not be accessed in their new plan. He stated if the County wants to exercise its right of eminent domain and convert the property into a park, it can do that; but what they have proposed is a benefit to the community.

Commissioner O'Brien inquired why was the access to Hurwood Avenue denied by the Board; with Land Development Engineer Bruce Moia responding the first application showed a route going through an existing platted lot to get to Hurwood Avenue; he understands the applicant owns that lot that has frontage on Hurwood; the Code requires that in order to use a lot for something other than its intended purposes, which would be a single-family residence, the Board would have to approve that lot being used for a driveway access in this case for the development; but that was denied. Commissioner O'Brien stated the width of Hurwood was not the argument for denial; with Mr. Moia responding the width was not the issue. Commissioner O'Brien stated the notation says the parcel's only means of access is the existing easement recorded in 1985; this is not a zoning change; the property has been zoned for multifamily for a long time; and if the Board denies the access over the easement, they would have a good case of eminent domain by government. Mr. Knox stated they would still have the right to use their property; it may not be for 60 units; but it could be something else. Ms. Howard stated eminent domain would be in the best interest of the general public. Commissioner O'Brien stated the applicants have property rights the Board cannot ignore; there was mention of a stoplight before it is applicable because there is no study for a stoplight; and the plan for SR 3 is to be divided and everyone coming out of Minna Lane will be forced to make a right turn and probably a U- turn at Hurwood. He inquired if Mr. Mayes intends to have a Homeowners Association and deed restrictions; with Mr. Mayes responding yes, the road will be privately maintained and it will be a gated community with deed restrictions. Commissioner O'Brien read a document that said, "This development is to use the existing easement through the Isles of Merritt Condo to a public road right-of-way, which is Minna Lane; and inquired if he notified the Isles of Merritt property owners and they have no problem; with Mr. Mayes responding that is correct, the majority of the owners have no issue with his continuing the phase. Commissioner O'Brien inquired if the easement is the only means of access; with Mr. Mayes responding yes, at this time.

Commissioner Carlson stated the Board looked at access to the property and denied the previous request going through a platted lot; it was denied based on input from people in the area; now it is looking at another access; and based on some of the information in terms of safety, she wonders if the Board should not look at the other piece again to see if it would be safer given they have to have access somehow. Commissioner O'Brien stated at 20 mph it is not a dangerous curve; and coming out of the complex, they would not be doing 50 mph. Mr. Mayes stated they have a gate planned for the community; and if they need to put that in the binding development plan they would; the would also put speed bumps in if it is appropriate; and they volunteered to re-engineer the sign to put a signal there; but none of the residents on Hurwood wanted to adjust the signal. Commissioner Carlson inquired where is the platted lot; with Mr. Mayes responding at the end of Hurwood Avenue. Mr. Mayes stated there is also a paper road called West End Road that was never built, but it did not meet the appropriate dimensions for a real road. He stated in order for him to build West End Road that is platted and on County maps, he would have to widen it and grant the County an easement.

Commissioner Higgs inquired if the Board denied this access, what would Mr. Mayes be able to do with the property; with Mr. Moia responding he could have two single-family residential units or duplex. Mr. Mayes stated the cost for infrastructure would be prohibitive. Commissioner Carlson stated they have potentially 40 units; she does to know what that means in terms of impacts to schools; the Board is not reducing his right to build on the property; and even though it may be a hardship to do the infrastructure, it is not taking away his right to develop. Commissioner O'Brien stated that may be true, but the reverse is someone buys a piece of property and come to rezone to multifamily; the Board says you bought it and knew what it was; Mr. Mayes bought the property as multifamily; and that is his investment. Chairman Scarborough stated this request is not rezoning; it is at the Board's discretion to find whether or not it is appropriate to waive one of its criteria for access; so it is a transportation issue rather than a zoning issue. Commissioner O'Brien stated it is unfair to do that to anyone.

Motion by Commissioner O'Brien, to approve the request to waive access requirements for Claire's Cove. Motion died for lack of a second.

Chairman Scarborough inquired if there is any further action on the item; and no response was heard.

PUBLIC HEARING, RE: ORDINANCE PERMITTING EXPANSION OF FARMERS MARKETS
TO INCLUDE SALE OF SMALL ANIMALS AND LIVESTOCK

Chairman Scarborough called for the public hearing to consider an ordinance permitting expansion of farmers markets to include sale of small animals and livestock.

Planner III Todd Corwin advised the ordinance has three different concepts; the first concept is to permit the sale of small animals and livestock at a farmers market in AGR zoning classification; the second concept proposed to convert farmers market from conditional use permit to use that is permitted with conditions; and there are three different options in the second concept. He stated option 1 is to maintain the current prohibition pertaining to selling of small animals and livestock; option 2 is to convert it to a permitted with conditions concept that permits sale of small animals and livestock in PA and AGR zoning classifications; option 3 is the same concept but expands it to include AU zoning classification; and option 4 is to permit it only in AGR. Mr. Corwin advised the third concept is to create a different use of livestock auction house. He stated the major changes is the proposal to create a conditional use permit in AGR zoning classification and also a checklist which would enable the Board to tailor an ordinance that involves the sale of small animals and livestock at a farmers market or livestock auction house.

Chairman Scarborough inquired if the ordinance was advertised with all the different potentials so the Board can adopt any component parts; with Mr. Corwin responding affirmatively.

Mary Kofil, North Brevard Society for the Prevention of Cruelty to Animals, advised they are against the sale of small animals, including rabbits, companion animals, and any type of mice, guinea pigs, dogs, or cats in that type of market because they would not be spayed or neutered. She stated they get a fair share of animals in North Brevard that are raised as pets that they have a chance of placing; but the animals that are for sale at farmers markets, especially rabbits, would not be companion animals and would be harder to place in appropriate homes.

Heather Rogers of Titusville, advised she has letters she wants to read excerpts from and will provide the letters in their entirety to the Board. She stated the first letter is from the Doris Day Animal League and says, "Dear Mrs. Canada. Thank you for your call about the proposed livestock auction in Brevard County. Having visited such auctions before and having witnessed firsthand the horrific treatment many animals endure there, I am concerned by this proposal. As per your request, I'm enclosing a picture I took in April 2001 of a downed cow at the New Holland livestock auction in New Holland, Pennsylvania. As described in my article In Memory of Daydreamer", published in the Animal Guardian Fall 2001 issue, this cow and another were trampled and left to die until the auction's veterinarian humanely euthanized them, something he didn't have to do. Unfortunately these occurrences are common at auctions, and it is perfectly legal to allow such downed animals to suffer untreated. On behalf of the Dorris Day Animal Leagues 21,867 members and supporters in Florida, I applaud your efforts to raise awareness of the downer issue in your community with particular reference to the possible opening of a livestock auction. If I can be of further help, please let me know. Sincerely, Liz Clancy Lyons, Director of Special Projects." Ms. Rogers advised the next excerpt is from a letter by Jim Fletcher, Director of Brevard County Extension Services, which says, "As a way of follow-up to our conversation yesterday concerning 4-H involvement and/or endorsement of a farmers market, Brevard County Extension 4-H has a good working relationship with the Brevard County Fair. To my knowledge no activities have been eliminated. In addition, Brevard County Extension does not endorse any particular auction facility. Our role is to educate youth in proper livestock husbandry techniques, which include marketing education." She stated the next excerpt is from Mrs. Dean who wrote, "Several years ago I had the privilege to speak before the Commission regarding an issue that affected 4-H youth and their animals. As a former rabbit club leader, I taught responsible breeding, feeding, housing, grooming, and showing of pedigreed rabbits. The club also attended as members yearly conventions of Florida's commercial rabbit breeders club, a great educational experience in the rabbit as food industry. I still raise show quality rabbits. Two of my grandchildren, they live with me, are in the 4-H chicken club. Now it has come to my attention that Diane T. Davis is asking the Commission to approve an animal auction on her property. With that little bit of background, I would like to make two points regarding the above subject before the Commission tomorrow. (1) No self-respecting 4-H leader or member would have a case selling their animals at such an auction. There are many other ways to market their animals. Also 4-H members educate perspective buyers on proper caring and handling of the animals. This is responsible animal husbandry. (2) I know some rabbits rejected at the USDA processing plant as not fit for human food has shown up in this type of auction on the west side of the State. This we found out about from Beth Sealy of Sealy's Ark, the only USDA approved rabbit processor in Florida. Its buyer beware." Ms. Rogers stated the last excerpt is from a letter by Sharon Spivey, who wrote, "My son is a member of the whisker square, which is a 4-H rabbit club, so this matter would be of interest to him and myself as a volunteer. The 4-H members and volunteers I have spoken with are completely against this type of sale of livestock and small animals. Please let it be known that the Brevard County 4-H members are already in the planning stages for the fair in 2003 and are not backing this particular agenda. I thank you for your time and thought on this issue."

Commissioner Carlson inquired if there is any indication that 4-H is not going to be part of the County Fair; with Mr. Corwin responding he is not aware of that. Commissioner Carlson stated the letter infers they are ready for next year. Ms. Rogers stated the reason they stated that in the letter was because there was an indication by the Davises that not allowing them to do this would prevent 4-H from taking part in the fair.

Susan Canada of Titusville advised she has permission from the Doris Day Animal League to read excerpts out of the magazine Animal Guardian of a horse auction. She stated they bring up that European search for safe meat means an increasing number of American horses are being slaughtered and served for dinner on tables across Europe; it goes on to say there would be other horses that would not be for sale that day; they were already purchased by a killer buyer; a name that says it all; and killer buyers travel from auction to auction until they have a truckload of horses, which they then take to the slaughterhouse. She read, "Some of the horses have fractured legs, can barely stand, but they are still stuck going from auction to auction. If they fall over in one of the trailers or is trampled, that's too bad, they have no rights, they are food animals. The horses are secured to the stalls they have hand water. I don't know if the Davises plan on having stalls with food and water for the horses at their auction, but it brings up what Heather identified, and says, "Some of the horses that day looked in good condition. They were the lucky ones that probably ended up being bought as riding horses. Others that were not as handsome might be bought as working horses; however, they might just as easily been bought by a killer buyer. Still others were clearly slaughter bound. These were old, weak, lame, and emaciated that were quite literally worth more dead than alive." She stated they talk about how they only had one trailer at that time to purchase horses with and to transport them; and they bought one horse just to euthanize it so it would not suffer going around in the trailer. She stated they skip to, "We put a mare in a relatively quiet stall and went back up to the ring in time to see a gorgeous black filly being let through. We knew something was wrong with her because the bidding was slow, so we started to bid. In a matter of minutes she too was ours. Vets are always on duty at this auction. Most of your auctions in Florida do not have a veterinarian. And when we asked them to examine the black filly, the news was bad. She had a hernia that was operable, but would cost a lot to remove. More seriously her inkster was badly fractured and she would be in chronic pain for the rest of her life." She stated they skipped on to say, "Their main concern now is what to do with the filly they had that would be in serious pain for the next 25 to 30 years. With that in mind, they decided to euthanize her. Just then a woman supportive of horse rescue efforts told us there were downed cows in the stockyard. After the horses, cows and pigs are sold. Workers chased a herd of cows from one building to another, and two of them were trampled. One died immediately; and by the time they got to the yard, auction workers had already move her body with a tractor. Thinking the second was also dead, they started to move her, when to our horror the poor cow began moving her head and kicking. Still the workers continued to lift her with the tractor until my friend yelled to put her down; and then the people from Doris Day Animal League got the vet to euthanize her. Ms. Canada presented a picture to the Board of the cow that was still alive, noting she needed to return the picture. She stated some states have passed progressive laws either banning the sale of horses for slaughter or regulating the manner in which they are transported for slaughter; but a lot of states do not have it. She stated in answer to some of the questions why some of the letters were emailed and some were too late for the Board to get, she received a copy of the minutes from February 5, 2002 meeting; in those minutes, Ms. Davis stated the State will have an inspector present as it does at all those types of auctions; and that the inspector would be there the entire time to make sure each animal has food, water, a good cage, and fence to protect it. Ms. Canada stated Mr. Davis stated right now there is politics involved in the fair system that eliminated 4-H activities; for many years 4-H has been in the County with various animals that were auctioned for the children who raised them; and right now there is no outlet for those children because of the politics involved in the fair system. She noted he also stated they were backed by the 4-H and Humane Society; and Ms. Davis stated she spoke to the Department of Agriculture and it is required by law that the Department have an inspector at every auction and that Animal Control people were going to be there.

Chairman Scarborough advised Ms. Canada's time has expired; and inquired if the Board wishes to extend her time.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to extend time for Ms. Canada to complete her presentation. Motion carried and ordered unanimously.

Ms. Canada advised she talked to Dr. Green with the Florida Department of Agriculture; he said the law is that the State will provide oversight or inspection; the State cannot be at every auction and do not have someone at each one; but they check the paperwork and try to be at each auction but cannot guarantee it. She stated as to the 4-H, the Board heard the response in the letter from the Agriculture and Extension Services Director; by no means are they backing this auction; and they teach marketing and proper care to those purchasing animals. She stated if the auction should get large enough, then it will fall under the USDA's oversight with Federal Stockyards and Packers Administration guidelines; then they would need an inspector. She stated Commissioner O'Brien brought up at the last meeting that there are only six markets in the entire State and none on the East Coast, and that the six in place are not even the size of Frontenac Flea Market; but according to the State Department of Agriculture, there are currently ten in the State that are large enough where USDA inspectors are there. She stated she also spoke to Mr. Jackson from Animal Services and they would need an increase in their budget to send an officer to special training for livestock and to keep someone at those auctions. Ms. Canada stated at the auction in Okachobee, they had wildlife and exotics for sale; and if they
start getting into that here, the Board will have to think about the budget Animal Services would need. which will be a major expense to the County. She stated some of the feed stores said the reason they quit going to those auctions is because they wind up with ill, drugged, or castoff animals; and people breed animals without knowledge of animal husbandry. She stated usually there is no vet present and no regulations for transporting animals; and requested the Board turn down the thought of any animals being at the flea markets or any livestock auctions or small animal auctions within Brevard County. She stated to her it would be going backwards after all the work that has been done regarding animals.

Melinda Buschor of Suntree stated there is nothing more appalling than someone who as an animal activist than an animal auction that may be a can hunt where animals are closed in and killed and put up on the walls as trophies. She stated nothing good ever comes from an animal auction; she had a dear friend who went to an animal auction and felt so sorry for a pigmy goat that she adopted it; and that is the kind of element that would be brought into Brevard County, not the wholesome ones. She stated it would bring out an element that the Board would not want in Brevard County; she has proven herself as far as mandating a spay/neuter facility at the shelter; and the public came out in droves to support that; so this request would definitely be 20 steps backwards.

Diane Davis of Cocoa advised she has listened with interest to the comments and have some concerns that many of the people who spoke have; over the years some of those things happened in different places; and that is why inspectors are required. She stated Ms. Canada said Dr. Green told her they might not be there at every auction, but at some of the auctions they attended the State was there all the time. She stated she told the Board about some of the auctions she has seen that were atrocious; they did not want anything like that; and that is why they came to the Board to have something on the books that would keep the auctions and allow the animals to be housed safely and not tortured or stomped to death. She requested the Board allow an auction with regulations. Ms. Davis stated Ms. Canada said the Board would have someone from Animal Services at all the auctions; they are talking once a week at the most; and there have not been a lot of people rushing up to do this because it is not a big money maker; so she does not see that the County would have a lot of auctions. She stated that is the reason there is no longer a lamb program, rabbit program, cow or cattle program or sheep program with the 4-H in the central area; when she first came to the Board she did not mince words and said she wanted to encourage agricultural pursuits; and that has been their goal from the beginning, which has not changed. She stated they would like to see farmers allowed to sell their products; there are a lot of people in every District who raise animals; they have a lot of support from the community, but did not ask people to come because they know farmers are pretty busy and work hard for a living; and it is not easy because they do not make a lot of money. She stated it is not a big corporate type enterprise; the farmer every day gets pushed out; buildings take over their properties; they are not encouraged to continue farming; and she would like to see that reversed. Ms. Davis stated she never said they did not want to have agricultural pursuits encouraged and increased; that is their pursuit; they are talking about farmers and farm animals, not dogs, cats, mice, or guinea pigs; rabbits are used for food and considered farm animals; and she talked to Joe Walters at the 4-H who thought it was a wonderful idea. She stated he is not a volunteer leader and is on staff, and she does not want to get him in trouble because if somebody's name is mentioned and something they said, they get in trouble; and that is not her intent. She stated all they presented was to have a small animal auction and horses; they want to include horses because she knows people whose children leave home and they have horses they do not know what to do with; and it costs $20 or more to advertise; and they do not want to spend that money to get rid of the horse.

Chairman Scarborough advised Ms. Davis' time has expired; and inquired if the Board desires to extend the time.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to extend the time for Ms. Davis to complete her presentation. Motion carried and ordered unanimously.

Ms. Davis advised she wants to see the farming industry increase; she would like to see the 4-H go back into having sheep and keeping them, not just for the fair; she and her husband have been to fair auctions and bought animals there; and they are fine and conducted in an above- board manner. She stated she does not see how this request would interfere with them other than to encourage them to have sheep; the sheep are being raised at the Sheriff's farm because they do not have a place for them; and it is sad that there is no place where they can market the animals. She stated they would like to provide that with conditions that would make it safe for animals and humans.

John Davis of Cocoa advised he has been here 35 years; is a businessman in Brevard County; is proud of the County;' and the reason they are here today is to make sure that if they put on an animal auction, Brevard County will be proud of it, and they will be proud of it. He stated it is going to be a fun thing for them; it is not a business; and they go to other counties and all they do is small animal auctions and they have fun. He stated cruelty to animals is not what a small auction is for; where they bring cows in to sell for butcher is a big auction; and those have to be State approved. He stated that is not want they want; they want a fun thing; and they the Board to be proud of their auctions. He stated he has an auction house right now; it is the Brevard Auction House; right now there is probably 15 little auctions in the City of Cocoa; and they made their auctions proud for people to come to because every day they are making it better and better for the public. He stated the auction is not for cruelty to animals; he is concerned about the ladies who came up to speak; they did a good job on researching; but he does not care what people do in Canada or other states or in magazines; and all he cares about is what happens in Brevard County. Mr. Davis stated they have been doing this for about a year; when they brought it up to the Board, all the Commissioners were in favor of it; they gave them guidelines and what they should do, and sent it to staff to figure out how they could do it; staff brought back three proposals; and they accepted the third proposal. He stated #1 is to have at least seven acres of AU land because there was concern about auctions being on every corner; he can have an animal auction every month by the State law; he has State, County and City licenses and can go on any piece of property and have auctions, but he has to have an auctioneer licensed by the State; and he will have one there. He stated there are auctions every several months in North Brevard County where they sell tack and horses and everything; they have a State auctioneer; and that is the only thing they are required to have, not a State, County or city license right here in Brevard County. Mr. Davis stated there is a State inspector there at every auction they have; when people go on the premises with a horse, they have to have a seal coggins test and show that the horse is free and clear of everything; and if not, they cannot take the horse on the property. He stated Ms. Canada said they said there is supposed to be a State representative at every one of the animal auctions; they never said that; there is supposed to be one, but they gave them guidelines of what they have to abide by; and if the State comes to the property and they are having an auction and are not doing what they told them to do, they can be fined. He stated they are required to be there, but sometimes they cannot; horse auctions are scheduled for once a month; and they have to have a State person there; and if they are not there, they still have to have a coggins test to sell any horse in the County. He stated he does not know about selling horses for butcher; they can sell horses to a soap factory; but that is not what the auction is for; their auction is a fun thing; it is going to be a fun thing for them and the public; and he hopes it will be a fun thing for Brevard County. He stated they cane come out and see their auctions if they want to buy a rabbit for a pet.

Chairman Scarborough advised Mr. Davis' time has expired; and inquired if there is a motion to extend his time. Hearing none, he thanked Mr. Davis for his presentation.

Commissioner Carlson inquired if staff got Jim Fletcher's perspective on the animal auctions; with Mr. Corwin responding he faxed the checklist to Mr. Fletcher to get his input on creating the most comprehensive ordinance, but he did not give an opinion one way or anther whether he was in approval of an auction or not.

Chairman Scarborough stated if there is no motion to approve the request, it will die for lack of forward action because it takes an affirmative action to move forward.

Commissioner Higgs stated staff outlined several different concepts; one of them may be acceptable to her, which is moving the livestock auction separate from the farmers market permitted with conditions in certain zoning categories; and if the Board goes to that, it could have regulations developed and in place. She stated it is a two-step deal; one of which is to determine whether to allow it in a zoning category, and the other to set out certain restrictions; there are people in the community who sell livestock or have livestock for sale; and with certain conditions and regulations, it could be safe, healthy, and meet a need in the community. She noted under separate conditions for a livestock auction, she would be willing to proceed. Chairman Scarborough inquired in what way does Commissioner Higgs want to proceed; with Commissioner Higgs responding under Concept 3. She stated she is not interested in having it associated with farmers markets; she does not know where the rest of the Board is on this; but if they are interested, she could look at that.

Commissioner Colon stated the issue has been before the Board a number of times; at first she was supportive of it; but the more information she received, the more complex it became; and the information allows the Board to make a more educated decision and compare the information from other counties. She stated her concern is the health issue; she heard from Ms. Canada and Ms. Davis of not being able to guarantee an inspector there; that is not acceptable to her; and Animal Services is not equipped to do that; therefore, they would have to hire an officer educated enough to know about livestock and what to look for. She stated even if it is once a week, the County will be picking up the tab; so that created more of an issue for her. She stated it is nothing against the Davises, but the more she looks into the situation, the scarier it gets to allow it in the community; it will open the doors to a lot of things and expenses; and if they do not have someone from the State who guarantees to be there, it is opening up the County to having folks come in here and not be supervised and bring animals in that have infections. She stated she is not willing to do that; after all the research staff has put together, she will definitely not be supporting this item.

Chairman Scarborough inquired if Commissioner Higgs made a motion; with Commissioner Higgs responding she is not making a motion unless there is an interest to move forward. Chairman Scarborough stated his concern is bringing in animals and heavy equipment accessing the area which cold run into a continual problem; it could end up in an agricultural setting with nice homes and owners getting irritated; it may not occur in this case; however, he needs to make sure it does not occur elsewhere in the County. He stated another problem is once the ordinance is created, they may do it for a while then sell it to someone else, or somebody in South Brevard may want to have animal auctions, so it has to be a comprehensive ordinance; but he will not go into it unless the Board goes there. Commissioner Higgs stated if the Board decides to go forward with the ordinance, it can put restrictions on access. Chairman Scarborough stated if the Board is not going with the ordinance, he does not want to belabor the issue. Commissioner Higgs stated the Board could also require the individual who is holding the auction to have emergency personnel or Animal Services personnel there; and the cost could be covered by the applicant. Chairman Scarborough stated unless another Commissioner wishes to comment, he will move to the next item.

INTERPRETATION, IMPLEMENTATION, AND ENFORCEMENT, RE: LAND
DEVELOPMENT REGULATIONS

Helen Dezendorf, President of Port St. John Homeowners Association, advised she was on the original group that went to Chairman Scarborough's Office and asked to do something about making sure County employees were not giving companies and allowing things to happen that were in direct violation of planning, zoning, building codes, site plan regulations, etc. She stated most people in their organization considers the building code and do not differentiate between site development, buildings, and trees; but they know the Board is supposed to make sure, when something is finished, it followed all the appropriate codes. She stated the organization does not consider any of the four options address what they want done, which is to hold County staff's feet to the fire to make sure that whether it is someone's home or business it meets all the established and well-organized criteria; and that staff is not allowed to grant waivers and say in their judgment that things can happen that do not follow regulations the Board sets out. She stated she was also instructed to tell the Board that if it had about $120,000 in its budget, to hire two more code enforcement officers to make sure things are being handled correctly, and not give it to a consulting firm. Ms. Dezendorf stated she is personally disappointed, probably because Commissioner Scarborough has always done a good job of addressing exactly what they need done, but this time they were left out in the wind; over the years Port St. John had everything from a helicopter landing pad on the front of a residential home on Grissom Parkway because it was used as a builder's model home; and County staff said they could have two driveways because they are nice guys and when they are ready to sell it and it is not a model home any more, they will take out one driveway. They have lights gleaming into the neighborhood from a gas station that was built; but the Board does not need somebody to audit its procedures, just make sure its employees are following them. Ms. Dezendorf stated at the last Commission meeting, those sitting in the audience who had already spoken could not figure out where the Board was going to take this item; it started talking about college professors, government entities, and consulting firms; she put a card in to speak and was told it was too late; but she had no way of knowing what the Board was going to say. She stated the Board has let them down; they do not want any of the things that are listed in the proposal that Ms. Busacca made sure she received a copy of; and they want the Board to tell its employees that they do not have the right to do anything but follow its mandates in every case, no matter who the developer or builder is or what kind of good friends they are. She stated she owns seven rentals and property on the beach; she is getting ready to spend $100,000 reconstructing the beam between the first and second floors because it is concrete and cracked; she did her homework and talked to five shady builders/contractors and two good ones; and she picked a good one that she never had any dealings with. She stated the people she considered shady she weeded out; unfortunately, that is not always the case, particularly in the young neighborhood of Port St. John; and there are a lot of people who do not know the questions to ask and end up with things that are against County code because employees allow it to happen. She requested the Board not spend tax dollars on more audits, but make sure the rules are followed and its employees are doing what they are supposed to do.

Commissioner Carlson stated she agrees with Ms. Dezendorf that the item did nothing about what the Board was talking about; and she will not go any further with it. Chairman Scarborough stated the Board could follow Ms. Dezendorf's suggestion; and if it has recurring problems, come back and reconsider the item. He stated the Board knows what the options are; some of them he could not support at all and others could have some benefit; but if there is no reason to discuss it in detail, the Board can move to the next item.

Commissioner Higgs stated when the Board first discussed compliance with Ordinances, she felt a way to give it an objective look and determine it fairly was to use the auditors that the Board has contract with to do an audit; that is Option 2; and targeting an audit at several different functions and seeing what the outcomes are would be productive in terms of analyzing whether or not the County is complying fully with its Codes. She stated she still believes Option 2 would produce real benefits in terms of analysis of whether the Codes are being followed.

Ms. Dezendorf advised this morning the Board honored Clyde Loomis for his good service; he is the kind of person who could look at the issues; she should be able to go to the problem on the corner of Fay Boulevard, where they put the gas station in to see who the developer is and which County employee signed off on the things that were not correct, and have someone like Mr. Loomis, who knows all the rules, to say what needs to be changed; and he is someone in the County's organization. Chairman Scarborough stated changes have been made, and Ms. Busacca can relate what changes have occurred since this item first came up.

Assistant County Manager Peggy Busacca advised in the last several months, staff made numerous changes; first there is now an established procedure by which administrative interpretations and waivers are granted; it is a committee of people who meet, including tow Assistant County Managers, an Assistant County Attorney or the County Attorney, and relevant staff; and they have those meetings weekly. She stated not only have the number of administrative interpretations and waivers been reduced, but they are bringing many of those to the Board; and seven will be on the agenda in the next several weeks. She stated in addition to that, a number of items were noted by the County Attorney in a memo in January, 2002; the use of white-out has been eliminated; they have increased the oversight requiring the Permitting and Enforcement Director to personally look at all site plans for developments which are adjacent to residential areas; so they have put in place a number of policies and procedures so that the issues that were brought up on January 8, 2002 will not recur. Chairman Scarborough stated there has also been some personnel changes; with Ms. Busacca responding there has been some changes. Ms. Busacca stated the sign on the Gas Mart included a six-month review from the time the permit was issued until the actual review happened; that has been reduced and now if the signs are erected incorrectly, as they were in this instance, staff would be aware of the situation earlier rather than waiting the six months if the developer does not call for an inspection. County Manager Tom Jenkins stated if the contractor had called up for his final inspection on the sign, staff would have caught it sooner, but previously it would sit there six months before they would check on it if the contractor does not call. He stated in the case of the gas station sign, they did not call for the final inspection; but staff will be checking on them more frequently; and if they do not call for final inspection within a reasonable time, they will go out and check on it. Ms. Busacca stated all the people who spoke at the January 8, 2002 meeting were provided a copy of the Agenda Report and told it would be on today's Agenda.

Commissioner Colon stated Ms. Dezendorf was not the only one at the meeting; there were a lot of other citizens and a number of issues that came up; some seemed more like personnel issues; but the Board needs to continue on a positive path. She stated Option 3 is a combination of staff and a Commission designee who could be folks that came before the Board on January 8, 2002; and the audit would allow for evaluation of the current system, processes, procedures, and issues prior to beginning an order or consulting work. She stated the committee would be formed of staff, and if desired, Commissioner designees, which is a must because the Board needs to get feedback from the residents; and it could include utilization of a facilitator, if that is what the Board wishes to do. Commissioner Colon stated there would be workshops to identify the issues, evaluate current processes and procedures, and work through problematic areas; staff would evaluate each identified issue and bring back to the committee proposed procedural, policy, and/or Ordinance changes; and the changes would be recommended to the Board for approval. She stated upon completion of those steps, if considered necessary by the committee, target areas would be audited utilizing the internal auditors for compliance and a consultant for implementation issues. She noted that phase would follow the process of Option 2 for targeted areas. She stated she is comfortable with Option 3 which gives a sense that the Board is going to address other issues of other residents who came before it regarding land development; and it gives the Board an opportunity to go forward and see where changes are needed.

Commissioner Carlson stated she can live with that as far as the global perspective; once they have the facts and understanding of what the complaint might be, to do something like that is fine; but for future complaints, Mr. Knox is drafting changes to the Policy for people who come forward to speak and talk about employees. She stated it is important for those people to back up any allegations they may have about anything with facts, dates, times, and whatever the issue is; but she can live with Option 3I f that is what the Board is going forward with.

Chairman Scarborough stated there is some benefit to Option 3 over Option 2, but it is his understanding that changes have been made; and the Board should not waste money going back and reviewing history as opposed to creating even better practices. He stated they could identify if there are continuing problems, what those are, and concentrate on those things; otherwise it could waste a lot of time and money. He stated the Board is not here to write history; it is to prevent problems tomorrow; and that is his perspective. He inquired if the Commissioners cold live with Option 3; with Commissioner Higgs responding it is better than nothing, and Commissioner O'Brien responding it is fine.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to approve Option 3, staff/Commissioner designee evaluation and audit/consultant work as necessary; to be conducted by staff and Commissioner designees; Bray, Beck and Koetter and technical consultants may be utilized as necessary; and estimated cost would be hourly rates of auditors and consultants. Motion carried and ordered unanimously.

APPEAL BY PAMELA WILBOURNE OF ADMINISTRATIVE DENIAL, RE: SECOND LOT
ACCESS ON FLAG STEM

Land Development Engineer Bruce Moia advised the request is to consider an appeal of staff's denial to waive the five-acre requirement for an easement on a flag stem lot; in 1999 the parent parcel was divided into six lots that met the criteria in Section 62-102 for flag stems and easements; after having that completed, the applicant is coming back to divide one of those lots and have another access through an easement that already has its required accesses accounted for. He stated they want (1) a waiver for the minimum lot size to allow access through an easement through a flag stem, and (2) to allow more than two accesses on the same easement.

Commissioner Carlson requested staff explain why staff denied it; with Mr. Moia responding when they worked with the applicant in 1999, staff believed they resolved all the issues to allow the property owner to divide the parent parcel to meet all County Codes; and to come back after the fact and request an additional unit was not the intent of the Code; therefore, staff denied the request. Commissioner Carlson inquired if there were any questions from the Board; and hearing none, advised she will go along with staff's denial.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to confirm the administrative denial of Pamela S. Wilbourne's request to use a flag stem for a second lot access. Motion carried and ordered unanimously.

The meeting recessed at 2:25 p.m., and reconvened at 2:35 p.m.

SPEED HUMP REQUEST, RE: PONDS DRIVE

Cynthia Erickson, resident of Ponds Drive, advised she has resided at the address for approximately 21 years, longer than most residents on the street; and requested the Board reject the proposal for traffic calming devices or speed humps. She stated although the residential requirements for speed bumps have been met with 81% of the 75% needed to ask for installation, it is a knee-jerk reaction to very few speeders who travel their street. She stated speed humps, besides being an eyesore, also delay response time for emergency vehicles and are not endorsed by the American Motor Vehicle Association or the National Manual for Uniform Traffic Control Devices. She stated during the evaluation of speed on the street, less than 2% of the drivers exceeded 10 miles above the posted speed limit; and inquired if the County guidelines require 60% of the drivers meet the criteria. Ms. Erickson stated she was informed that $8,000 was needed for the seven speed humps proposed, and it would totally deplete the year's budget for speed humps in North Brevard; and the money would be better spent on projects that are more useful. She stated the request is sponsored by some parents who are concerned for the safety of their children; she is a parent of a 20-year old daughter; and for 20 years she kept her off the streets and out of the way of construction crews and occasional speeders in the safety of our backyard while people were building their homes. She stated she spent countless hours on lawn chairs at the end of her driveway watching her daughter, and keeping her safe from oncoming cars, stray animals and anything else that might harm her; she knows what it is like to be a parent; she has observed many children playing in the street with their parents no where in sight; and she has seen four-year olds being watched by seven-year olds. She stated Ponds Drive is an access street to many other residents; the petition did not include those residents, some of whom complained since they were informed of the proposal; it will not only affect Ponds Drive, it will affect other streets; and those residents were not asked to vote and deserve a vote because it will concern them. She stated last year another proposal was reversed on Greenhill; Greenhill and Ponds are actually the same street; they opposed having the speed humps on their street; and if they knew about speed humps on Ponds, they would be here in flocks. Ms. Erickson stated they have nine elderly people on their street; and slowing the emergency vehicles down will put them in danger; they have one couple that walks three days a week; and one who has a heart condition and walks every day; her husband goes along with her; but if we put in speed humps he will not be able to walk with her and will be confined to his home, which is sad. Ms. Erickson stated Ponds Drive, after being tested by the County, did not meet the required guidelines for speed humps; as a taxpayer, using the last $8,000 on a road that has less than 2% of speeders would be a waste of money; the residents were not given the negative side of speed humps along with the positive side when making their decisions; and if they were given all the negatives of speed bumps, they would have voted against the proposal. She stated their road has serious problems and is in dire need of being repaved; it was built in the 1960's and nothing has been done to it since; and they have enough potholes that speeders cannot go down the road very fast. She requested the Board consider her request and not allow speed humps to be installed on Ponds Drive.

Rhodney Grant Kilpatrick of Ponds Drive advised he heard nine elderly couples live on Ponds Drive and Ms. Erickson has a 20-year old daughter; he lives on the last block of Ponds Drive; and there are 11 young children; his daughter will be three; and the older children who grew up there do not slow down. He stated no one can slow them down with yelling at them and waving arms at them; they just fly by anyway; he is not concerned about the manslaughter charge against a person who hits one of the children and kills him or her; but he is concerned about the loss of the child. He stated he has a three-year old and grown children also; people speed down Ponds Drive; four wheelers come down Ponds Drive at night and fly down the last block; and children can run into the street after a ball in the blink of an eye. He stated the way teenagers and young adults drive down that road is ridiculous; and he does not like speed humps, but they are needed at least at the west end of Ponds Drive to stop drivers speeding around the curve and having a straight shot to Pleasant Street. He requested the Board give them the speed humps because they are necessary at the end of the street. He stated he cannot see the other end of the street because it is around the curve; but he represents seven families who could not be here today, but would appreciate the Board considering it. Mr. Kilpatrick stated they have asked the police, but they cannot be there all the time; they do watch the bus stops when children get out of school, but it is in the evenings that cars seem to fly down the road; and that is when the children are out playing. He stated the older people whose children have grown up are the ones speeding. He stated he knows they turned it down on Greenhill, but Ponds circles all the way around and runs into Greenhill, so they are adjoining streets and not the same street; he is here representing seven families; and one family does not have children, but wants the speed humps also.

Helen Dezendorf stated speed bumps are designed to deter speeding, thus promoting safety of pedestrian and people trying to back out of their driveways; they already have something in place to deter speeding; it is called a speeding ticket; and that is what needs to be done. She stated if they put a policeman out there in the evenings, every sixteen-year old would have to go home and tell his/her mother he/she has a speeding ticket for $128; and they would be thinking long and hard about speeding again. She stated she drives across the Causeway and use River Way to get to Melbourne Beach; the speed limit is 25 mph; the City of Melbourne Beach puts an officer out there almost every day; every person driving down that street drives at 25 mph; and it is a great deterrent. She stated if the County starts putting speed humps on a street, they will have another problem; people coming from the west side of Port St. John who take a right on Dear make a curve and get on the bridge, which is the southern boundary and the last street in Port St. John, to zoom up to Grissom thus avoiding the corner of Fay and Grissom, the people living on that street will want speed humps too; and pretty soon every street in Port St. John will want to have speed humps. She stated she grew up in South Jacksonville and from 1960 to 1971, every person who got a drivers license and lived south of the River drove in front of her house because that is where they came with the officer to take their drivers tests; her parents told her to get off the street if she sees a car; so if they are old enough to play in the street, they can be told to move. She stated if they are three years old, they do not belong in the front yard; they have backyards; and if teens cannot be taught to drive responsibly, their drivers licenses should be taken away. Ms. Dezendorf stated she does not think they need speed humps; if speed humps are put on Ponds Drive, the parallel street one block to the north called Olympic, will have the traffic and the same problem; and she does not think the people who live on Ponds want their children's safety at the expense of their neighbors on the next street. She stated if the County has excess road tar, they would love to have the potholes filled instead of building speed humps.

Robert Falvey introduced his wife Maria and son Kyle, and advised they have lived on Ponds Drive for approximately 15 years; and in that time they have seen a tremendous amount of growth in Port St. John, which greatly increased traffic and changed traffic patterns. He stated over the years Ponds has become like the quarter mile at Bithlo; when drivers get to the curve they take off to see how fast they can get up to before they hit the other curve or the next street; and the children are what they are looking out for. He stated he hates speed humps; he used to speed on his street; and now he has become like his father and say slow it down to speeders, which can also cause problems. He stated right around his house to the left, right, and across the street, there are approximately 15 children; when he went out to get signatures on the petition, he found that the west end of Ponds Drive have many more children; and those children are out playing with soccer balls and scooters. He stated for the most part all the parents are out there with due diligence watching their children to make sure they do not run out in front of speeders; the biggest part is they cannot be watched all the time; and although he does not care for speed humps, it is a sacrifice that is worthwhile. He stated the children on Ponds Drive are future doctors, lawyers, ditch diggers, and some may be County Commissioners; he understands the benefit of having an officer out there, but Port St. John cannot handle that right now; if an officer was on their street, something else would be happening elsewhere; and they cannot afford to have someone there at all hours of the night. He stated he, his wife, and his child are here today to express their utmost support for approval of the speed humps on Ponds Drive because if they can save one life, it will be worth it.

Maria Falvey advised Ponds Drive has always been a thoroughfare; people use it as an access route; there are speeders; young children do not pay attention to cars; and if having a traffic cop was something that would work, that would have been done, but it is not practical. She stated there is better use of cops than to sit and wait for speeders; it is not a question of how many speeders are on Ponds Drive; the problem is there are some; and it is the one speeder and occasional lapse of judgment that could be devastating. She described her experiences with her toddler being drawn to the street, occasional distractions, and in two seconds he is off even though she is diligent about watching him. She stated she lives in constant fear and tension; she does not let her child play in the street; but there are instances where he has run towards the street while she loaded things in the car; and even though she does not let him play in the street, it is a constant worry. Ms. Falvey stated she can see where speed humps put on Fay Boulevard would slow down emergency vehicles going 55 mph; but Ponds Drive is a residential street with 25 mph speed limit; and speed humps would not make that much of a difference in slowing down an emergency vehicle. She stated Ponds Drive is an access route to many streets; it is a long street so it gives speeders time to get up some speed; and described an incident with teenagers riding bikes and two trucks speeding down close together like playing a game of tag and how they laughed because they do not understand the seriousness of it. She also related a scenario of an elderly dog and a puppy she had to retrieve from the street three times before informing the owner who said the children were supposed to be watching the dogs. She stated even though parents have the best intentions, there are lapses of judgment and occasional things that happen; and speeding on Ponds Drive is an accident waiting to happen.

Chairman Scarborough advised all the criteria for speed humps were met except the number that exceeds ten miles per hour; and requested staff explain what that means.

Traffic Engineering Director Dick Thompson advised during peak hours between 7:00 and 9:00 a.m. and 4:00 and 6:00 p.m., the requirement is that at least 60% or more of the vehicles are driving in excess of 10 mph over the speed limit; there were two locations that were counted; one location had two vehicles exceeding the speed limit by greater than 10 mph and was graded at 6% and the other had 2% with two vehicles exceeding the speed limit by 10 mph between 4:00 p.m. and 5:00 p.m. He stated the counters did not pick up anyone exceeding the speed limit greater than 10 mph except at those two times.

Chairman Scarborough inquired is the 62% that exceeded the speed limit by less than 10 mph; with Mr. Thompson responding yes. Chairman Scarborough stated 77 residents voted yes, and two voted no; this could go either way; but he would like to have it approved at this time.

Motion by Commissioner Colon, seconded by Commissioner Higgs, to approve installation of speed humps on Ponds Drive, as four of the five criteria for speed humps were met. Motion carried and ordered unanimously.

RESOLUTION AMENDING RESOLUTION NO. 01-288, RE: PROCEDURES ON PUBLIC
APPEARANCES AND PUBLIC COMMENTS

Bea Polk of Titusville inquired how far will it go before they hit the rights of the people to speak, and who makes that decision. She stated she looks at the grand old flag; there were millions who died; most of them died for the right of freedom of speech; and America is different from other counties because it has freedom of speech. She stated sometimes they may overstep it; and inquired if it is not better for a few to overstep it than to take away the great freedom of the right to speak. She stated she does not know who the Board would have to decide which is slanderous, profane, or other remarks from anyone speaking; and inquired who will decide. She stated the resolution says, "Limit the comments made during public hearing to matters that are within the control, authority, and jurisdiction of the County Commissioners and to those items
where the Board has traditionally expressed a position for the betterment of the community interest"; she called five attorneys and received five opinions, but most of them said they are losing some of their rights. She stated each opinion was different, so maybe the County Attorney can explain to her how she can speak and not violate the law and who is going to press it if she does. Ms. Polk stated she talked to some groups that fight for the rights of freedom of speech; they would like to hear this; so she would like the County Attorney to explain to her the control, authority, and jurisdiction.

Commissioner Carlson stated on page 6, paragraph 9.2.a., the last sentence reads, "In furtherance of that policy, no person who addresses the County Commission shall make slanderous, profane, or other remarks that are not protected by the First Amendment"; and requested an explanation of those that are not protected.

County Attorney Scott Knox advised profanity and slanderous remarks are not protected by the First Amendment; and the term "within the jurisdiction and control of the Board of County Commissioners" refers to certain things it can do and cannot do and certain things it is involved in and not involved in. He stated if someone wants to talk about Afghanistan, it may be an important issue, but the Board has no control over what happens in Afghanistan. Ms. Polk inquired if that means the public cannot speak to anything that is not talked about by the Board.

Chairman Scarborough stated the Board has taken positions in favor of certain things; this morning it recognized an Eagle Scout and a lady who is 100 years of age; anything that affects the greater good of the community and what the Board is generally involved in, it is not going to say it will stick to business; but there is an opportunity for people to go far beyond what is normally in the purview of the Board; and Afghanistan may be one, but there are many others. He stated the Board got involved in the closing of a mental hospital in the south part of the State because it was putting a greater burden on the facility which has taken mental patients from Brevard County, so there was a linkage; and anytime someone can show a linkage, that person has an open door to talk about anything that is relevant. He stated even though the Board does not have ultimate control on the closing of a hospital in the State, it did have an impact on services provided in the County; therefore, it had concerns.

Ms. Polk stated the County has written a lot of stuff it cannot stick with; there are not many things that come up that the Board talked about or discussed; and this is overstepping for certain people who have been meeting behind and talking and who she does not see here today. She stated the difference between her and some people is she speaks openly. She stated the Board should give people five minutes at the close of a meeting no matter who they are if they sit at the meeting all day long and want to talk about something; three minutes is a slap in their faces; she heard that many times; and if it gets beyond the freedom of speech, it can get a little hot in Brevard County. She stated there is one thing she has fought for since the day she came here, and that is for people to come out and speak about things so things would be better; and it is freedom of speech.

Chairman Scarborough stated some people do not know what is here; it says, "The County Commission declares it to be the Board's policy to promote the maximum participation in County affairs by affected or interested citizens in accordance with the First Amendment protections guaranteed under the United States Constitution"; it says no slanderous, profane remarks that are not protected by the First Amendment; that is said throughout the document; and the First Amendment is referenced as the guiding light. Ms. Polk stated it has, but things have been added to it; she would not get up and cuss, but she would not like it if someone cussed and was removed; government does not want participation of the public any more; every day they cut off a little bit of keeping the people informed; and she would like to see the people take a stand and start coming back and speaking. She thanked Commissioner Colon for calling the taxpayers her bosses; stated she does not often hear that the taxpayers are the bosses; and noted maybe things will turn around because she believes the taxpayers are the boss. She stated she is not going to argue about it because she does not know what the Board is going to do if someone does something he/she should not say; but she knows what it is leading to and herd under the table what has been going on. She stated as long as her freedom of speech is protected, that is fine; if not, she will fight because this is her country and when she looks at the flag she things about the little ones who died for freedom; and if the people lose their freedom of speech, they will have lost a great freedom.

Commissioner Colon stated while with a municipality for many years, she always fought for public comments; there were times they were going to do away with it; but the Commissioners have to be able to carry themselves respectfully. She stated a perfect example is when citizens named some employees by name and made certain accusations; the Board cannot allow that; and it gives a totally different image of how the community sees the Board meetings if it allows anyone to speak and use employees' names and defame their character. She stated that is where it started; she would not support something like that because the person does not have the opportunity to defend his/her good name; and that is where sometimes the Board is pushing it. She stated it has to have regulations; municipalities throughout Brevard County do not allow people to address another Council member; they have to address the Chair and make general statements; and if a person wants to talk about a particular subject, that person can say everything that has happened, but cannot use a person's name. She stated that is where the Board pushes the line; she would be disappointed if it were to allow that to continue; and that is what brought the Board here. She stated after that discussion, a lot of the morale went down; a lot of discussions were going on about the Board allowing names to be used; the integrity of the meetings was questioned in that sense; and that is where she is coming from on this subject. Ms. Polk stated she would never use names of employees, but if there is something about a politician, she can mention that name.

Chairman Scarborough stated anyone can say almost anything they want about an elected official because the law has understood it is better to let complete and open dialogue; there fore, what is said about a county commissioner is totally different than what would be said about an employee. He stated paragraph (b) does afford the employee certain rights to have leave to investigate and to come and clear his/her name; if the meeting is used as a forum, that person is going to have equal access to the forum to clarify his/her name; but with elected officials, it is
essentially a free-for-all in the interpretation of the First Amendment. Ms. Polk stated that is one of the things people think the Board is passing.

Mr. Knox advised the First Amendment right extends to criticizing public officials; people can take it to the point to almost slander as long as they do not have actual malice behind it; but if they get up and make slanderous remarks for a different agenda of their own, then that is a different issue. He noted the First Amendment generally protects people from most of what they say about public officials. Chairman Scarborough stated malice is a difficult thing to prove; and very few elected officials have been successful in that regard. Ms. Polk stated she wonders if that was part of what the Board was thinking about. Chairman Scarborough stated no, that is the law; and he does not want anyone to misinterpret what has been said here, because it is not to protect Commissioners who do not have that protection under the First Amendment.

Commissioner O'Brien stated for example, two years ago Ms. Polk came before the Board when her daughter was running for pa and used the meeting as a forum to campaign for her daughter; and inquired if that was a proper thing to do; with Ms. Polk responding no, no more than Commissioner O'Brien sitting up there campaigning. She stated she never mentioned to vote for her daughter; she never campaigned for her; she was hitting Jim Ford's budget; and she was blasted by Commissioner O'Brien. She stated everybody said what right did Commissioner O'Brien have to say things when he does more than that. Commissioner O'Brien stated that is fine and good except that this forum can be used by anyone for their private political agenda as they support someone else for office; and inquired if Ms. Polk use the cameras for her personal benefit; with Ms. Polk responding no, and inquired why Commissioner O'Brien uses it for his own benefit. Commissioner O'Brien responded he does not use it for his benefit, but is conducting County business. Ms. Polk commented other people take it differently than the way Commissioner O'Brien takes it; with Commissioner O'Brien responding he is certain they do, but he cannot please all the people all the time. Ms. Polk stated she does not try to please all the people, only part of the people; and thanked Commissioner O'Brien for making her point.

Commissioner Carlson advised paragraph 9.2.a. talks about slanderous and other remarks; and inquired if there is a way to define slanderous and other remarks within the context of the paragraph or is it defined elsewhere in the County Code; with Mr. Knox responding he could give a legal definition of slanderous from case law, but that is the best he can do. Commissioner Carlson stated she does not know if that is worthy of any effort. She stated because of the way the Charter is structured, the Board is not supposed to deal with employee issues; if an employee has a problem and come to a Commissioner, that employee is told to go to the County Manager and take it up with him; paragraph 9.2.b., it says, "In the event of serious allegations of misconduct or incompetence are alleged against any County employee. . ." ; and inquired is the Board putting together a judge and jury by allowing them to come up and battle it out in this venue, and where does it cross the line. Mr. Knox stated the Board crosses the line if it did not change the second sentence which says, "The County Manager may offer the County employee administrative leave," which originally read, "the Board of County Commissioners." County Manager Tom Jenkins advised that is optional; and the employee can come in and rebut something, but do not have to. Commissioner Carlson inquired if an allegation is made, employees could come to the meeting after-the-fact; with Mr. Jenkins responding yes, and respond to it, but generally any allegations made are referred to him. Mr. Knox advised the point in an employee having the opportunity to come back and clear his/her name is that everyone has a right to a good name; it is a protected liberty under the Constitution; and if the Board does not provided that opportunity, it may be faced with a problem. Commissioner Carlson stated she understands the opportunity.

Chairman Scarborough stated the Board needs to make sure the meetings do not become a forum for slandering of individuals; and if someone has done that, the person can take private action and sue the person who slandered him/her and obtain monetary damages; but also they may want to go back to the same place the allegations were made and clear up their name and may want to have the opportunity to bring evidence to substantiate that. He stated this provision creates a methodology for allowing that to happen; and where it does or does not is up to the employee.

Nelly Strickland of Titusville advised she called one attorney who said a lot of what is in the resolution is on shaky ground; it would not stand up in a court of law; she took an oath when she became a citizen that she would be willing to bear arms against any country, even the country of her birth; and she does not take an oath lightly. She stated her husband was in the Battle of the Bulge, Normandy Beach, etc.; while she was doing her stuff trying to get food on the table by odd manners; she has known no other life than to keep her word and do the best she can for all, especially the oppressed; and she has always been thankful for the Board being there because it backed her up and the Boards before that. She stated the savings of $9 million is now going to the hospital rather than the medical support group to buy equipment that was long needed; and she is pleased with that because she helped bring that about with the Board's help. She stated there are other things like that, which she mentioned before; but what hurts her feelings is the fact that she comes here, and it is tough for her to get here and put her foot, which has gangrene, on the gas; and she cannot do much at this time because she does not have too many spare vessels. Ms. Strickland stated she was given three months supply of Oxycontin; to come to the meeting is a hardship as far as she is concerned; but she always found an ear and help and has needed it not for her because she never asked for anything for her and does not benefit from it, and all it does is wear her car out. She stated she got nails in her tires and had to buy four new tires because they were not reliable any more because of too many patches inside of them; the Board says the Pledge every time it opens the meeting, "with liberty and justice for all"; she is not sure that is the whole truth and nothing but the truth; and may God help the Board on that one because if she has a grief, she generally has it well documented. She stated she knows some people are not happy with her being given a time certain at times, but they do not know what has been going on for the last four years; she has hurt consistently for four years, and it is getting to the top of her head; she would not ask if she did not think she needed it; and requested that be remembered. She stated she always thought liberty and justice for all was true because she experienced it; things started to go debunk with Sam Ackley; and inquired if the atmosphere in the country is different because nobody cares for anybody anymore. She stated she will still maintain to the best extent what she has always done, which is to seek the betterment of the ones who cannot fight for themselves or are too dumb to know how to handle it; and that is her only objective. Ms. Strickland stated she had her moments of glory and had quite a career as a skater and as a singer; she has the critiques and programs to show for that, and does not need to stand here to get her little moment of glory; it is a hardship, but she is trying to do what others cannot do for themselves and always will; and she hopes the Board keeps that in mind as it goes through this item. She stated the resolution is a put together catchall; it will not hold up in court; but she is not picky about that kind of stuff and is not looking to go into court. She stated the Commissioners are public figures; she has been told so is she, Bea Polk, and other activists who have come up with some regularity; the Commissioners take their clouts here and there, and she has plenty of it; but it should keep in mind what the object of the game is. She stated it is not her own betterment, just as it is not Ms. Polk's own betterment; it is something that needs to be done; and if there are questions, she will be glad to answer them. She inquired if the Commissioners have ever watched people get shot, seen big trucks with a guy sitting on the side unloading 21 guys and shooting them in front of their very eyes, and stand there paralyzed and not know what to do. She stated that would make them stop and think about life and its values; she has seen that and did not want to see it; but she stood there nailed to the ground; freedom is worth fighting for; if anyone has lost his/her freedom, he/she would begin to realize what it actually means; and that is why she takes pledges and oaths very seriously. She stated Commissioner Scarborough has seen her stay married for 27 years against all odds. Chairman Scarborough stated Mr. Strickland was not in the best of health at the end. Ms. Strickland stated her husband did the beaches, Battle of the Bulge, and Korean War where he got shot out of a jeep and laid there to bleed; the armored car sat around the corner waiting for the gorillas to leave before they picked him up and helped him; so he had nightmares until the day he died. She stated she has nightmares; they used to wake each other up and say it is not true, but it really was true; and she would lay in bed bawling with no tears, just dreaming horrible things. She stated her background is a little different than those of the Commissioners; she knows what freedom is and values it all the more; and she does not want any of it taken away from her. She noted the resolution is shaky stuff.

Commissioner Higgs stated she wants clarification on several things because she is not sure it moves the Board in a positive direction to get anywhere; but it might imply that it is trying to do something. She stated page 6, paragraph 9.2.a, last line says, "In furtherance of that policy, no person who addresses the County Commission shall make slanderous, profane, or other remarks that are not protected by the First Amendment"; she can grasp what slanderous is and has an idea what profane is, but needs more information on what is intended by other remarks. Mr. Knox stated there are things like "fighting words," which are not necessarily protected by the First Amendment. Commissioner Carlson inquired if those are threats; with Mr. Knox responding it could be, as well as inciting riots, and a lot of different things. Mr. Knox stated it was taken from a policy that was upheld by the Federal Circuit Court of the 9th Circuit; the policy that was approved in that case was more liberal and not restricted to profanity, slander, and other remarks not protected by the First Amendment; and that policy in this case was broader. Commissioner Higgs inquired if it also covers people who go into a theater and yell "fire"; with Mr. Knox responding that would be another example. Commissioner Higgs stated paragraph 9.1.b. talks about public comments at the end of the meetings and that speakers should limit their comments to those items the Board has traditionally expressed a position on for the betterment of the community interest; and requested clarification. Mr. Knox advised the first "of" should be "for" to make it clearer; what it is talking about are examples Chairman Scarborough gave on commendation resolutions and a variety of things the Board endorsed; those traditionally are things it has taken positions on; and to list them all would take a book. Commissioner Higgs inquired if someone talks about something that is totally out of the realm of the Board's jurisdiction of items it talks about for the betterment of the community, could that be deemed out of order; with Mr. Knox responding affirmatively. Commissioner Higgs stated paragraph 9.2.b., second sentence says, "The Board may abate the matter and request the County Manager to investigate the allegations"; and inquired how would that work. Mr. Knox advised from time to time the Board has taken a break to talk to someone in the audience about something and suggested they see someone else before bringing the issue to the meeting; there are a lot of ways it could come up; and the Board could stop the proceedings, do something to address the concerns, or send them to see someone else, such as the State Attorney, if it is a criminal violation. He stated if someone claims that somebody did something illegal, unlawful, and criminal in nature, it may be at that point that the Board may stop the proceedings and advise that person to take it to the State Attorney's Office. Commissioner Higgs stated that is within the Board's power without including it; with Mr. Knox responding it gives notice to people that if they say something like that what could happen; it is an option and not mandatory that the Board abate the proceedings; and it may decide not to do it.

Chairman Scarborough stated things are going to continue as normal until someone raises the question, then any Commissioner or the County Attorney can say the Board has a rule; right now it does not have a rule and creates a rule for a single situation, which is the worst of all cases, because all of a sudden it is telling a person he/she cannot speak, but did not advised that person of why.

Mr. Knox advised one of the things that precipitated the need for the resolution was the fact that employees were complaining about not having the opportunity to defend their names; having the compounding factor of the meetings being published on other nights besides Tuesday, the Board gets into a position where it might be exposed to liability for defamation or slander because of re-publication of something that may be slanderous when first said and was known to be wrong. He stated to rebroadcast it two nights later puts the Board in a position where it needs to be concerned about that. Commissioner Higgs inquired if that is what abate means; with Mr. Knox responding yes, and the Board needs to have that option.

Commissioner O'Brien stated if allegations are true, the Board can bring it back as an agenda item; and if it is not true, there is recourse through the County Manager's office. Chairman Scarborough stated it is not that simple; and the issue is froth with problems, but the Board will not know it until it gets there.

Chairman Scarborough stated one thing that was suggested is that public officials are under a different set of rules; it would be appropriate to add to paragraph 9.2.a, to say, "The Board recognizes that under the First Amendment, public officials are not afforded the same degree of protection from slanderous remarks," or something to that effect. He inquired what is the legal term for public or elected officials; with Mr. Knox responding public figures. Chairman Scarborough suggested using the legal term and adding to the resolution some provision about public officials not being protected by the First Amendment because some people are assuming the resolution is for the Board's own benefit. He stated the Commissioners have the distinct advantage, if something happens at a meeting, to respond immediately; an employee who may be about his task and learns about it later is at a distinct disadvantage because the Board has gone to another item; so Commissioners are not only protected less, they have the advantage of defending themselves more dramatically.

Commissioner Carlson stated if something is said at a live meeting and broadcast two days later, the Board does not have editorial rights and cannot say to suppress it; so the employees should have an opportunity to come back and defend their names. Chairman Scarborough stated he is at a loss of how they are going to come back; and if the Board has a bad feeling bout something and does not want to rebroadcast it, it is not the judge and cannot make that determination in two days. Mr. Knox stated he would not advise the Board to edit anything; the person who has been defamed or slandered needs to have the opportunity to come back and address what was said about him or her; and that way the Board has done what it can do. Chairman Scarborough stated it would not be heard simultaneously. Mr. Knox stated if the Chairman stops a person and says the Board is going to look into the matter, it has made an announcement so everyone knows it will come back later and be discussed at a subsequent meeting; but the Board needs to have that available to the person being defamed, otherwise it will step into a problem. Mr. Jenkins stated that is why abating has been suggested. Commissioner Carlson inquired if it is to postpone it until the other party is present. Chairman Scarborough stated the Board can abate by unanimous vote; with Commissioner Higgs responding it does not mean that at all because the Board acts with three votes. Chairman Scarborough stated he meant to say majority vote. Chairman Scarborough stated it is not unusual to address an issue when it comes up and afford the opportunity for the County Attorney to advise the Board so it can consider an issue in some detail. Commissioner Carlson stated the Board can abate the issue at its own discretion.

Chairman Scarborough requested addition of the public official provisions if there is a motion to adopt the resolution. Mr. Knox suggested adding after paragraph 9.2.a, "With full recognition that public figures are not subject to the same degree of protection from critical comments as other individuals."

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Resolution amending Resolution No. 01-288, revising procedures on public appearances and public comments, as amended to include after paragraph 9.2.(a) "with full recognition that public figures are not subject to the same degree of protection from critical comments as other individuals." Motion carried and ordered; Commissioner Colon voted nay.

WAIVER OF CONFLICT OF INTEREST WITH HOLLAND & KNIGHT, RE: LEGAL
SERVICES TO KITE DEVELOPMENT CORPORATION

County Attorney Scott Knox advised this is a request for a waiver of potential conflict of interest involving Holland & Knight who are the County's bond counsel, and from time to time they come before the Board on other matters such as zoning issues; and this is one where there is potential they would be involved in a MIRA issue.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to waive any conflict of interest with Holland & Knight furnishing legal services to Kite Development Corporation in connection with Brevard County's proposed acquisition of its property. Motion carried and ordered unanimously.

PERSONAL APPEARANCES - JAMES E. BRAND AND LARRY BRAND, RE: FIREARMS
TRAINING SCHOOL

James Brand advised he is an NRA certified concealed handgun instructor; trained over 500 people in the Carolinas; is a retired Air Force Master Sergeant; and is capable of teaching people through a complete firearms course; however, the Zoning Code hampers his ability to do that on his property. He stated most people can teach hairstyling, trim nails, and other courses in their houses; and he can teach firearms training to a point, but is not authorized to give the test, which is to fire a live weapon. He stated he has sufficient property that complies with State law; he contacted the Sheriff's Department and talked to Rick Shimer and Ken Sellers who said it is perfectly all right to fire a gun; he can take his pistol and shoot all he wants to on his property, which is surrounded by ten miles of woods on the north side; I-95 is a mile and a half from the back of his property; he has a berm and target range set up; and presented pictures to the Board. Mr. Brand stated according to the Zoning Code, there is no method to request a variance to fire a gun on his property because it is set up for home business and is not supposed to be outside. He stated if someone teaches painting, they cannot go outside to paint and would have to paint inside the house; his firing range is 600 feet from the nearest neighbor; and he would like to be able to teach people and give them the exam on his property without having to take them to Titusville Rifle and Pistol Club 20 miles away.

Chairman Scarborough inquired if the Board is interested in pursuing one of the options provided by staff, and if so, what would the property owner have to do; with Planning and Zoning Director Mel Scott responding what the Board would engage in would be similar to what it did with the livestock auction house; when considering amending the Code, it is the creator of the amendments; and staff would take into consideration anything the Board identifies.

James Brand explained a map of his property to the Board, and identified the berm, his house, and U.S. 1. He advised he has a bullet collector and can resort to shooting in his garage using a short 22 ammo to train people inside; it is safe and somewhat foolproof because it winds up the bullets; but he would prefer to have the firing range to qualify people.

Chairman Scarborough advised when the Board changes the laws, they are for the entire County and impact a great number of people; if the Board chooses one of the four options provided by staff, six months later another group of people will be here with other concerns; but the Board can do it if it wishes.

Commissioner O'Brien he took a diving course on Merritt Island and the final exam was in Boynton Beach; so Mr. Brand's statements are not compelling although they may be a comfort for him. He stated there are several legitimate firing ranges in Brevard County; there is an indoor range on Merritt Island; and his concern is the firing range on Mr. Brand's property may be okay at this time, but when people start to build around his property, it will no longer be okay. Mr. Brand stated the County dug a canal around his property. Chairman Scarborough stated if the Code is changed, it will not happen just for Mr. Brand, but for anyone who has a similar situation; there could be all kinds of different scenarios in all kinds of places; so when the Board looks at the issue, it does not look at Mr. Brand's property, but the entire County. Mr. Brand inquired if he charges people for the course but not the firing, can they go out and fire to qualify, as it is legitimate to fire a weapon on his property. Mr. Scott advised inquired if Mr. Brand is saying he would not incorporate the firing as part of his business so they could go outside and discharge a firearm; with Mr. Brand responding yes, so they can qualify. Mr. Scott stated that activity is not allowed by the Zoning Code. Commissioner Carlson stated he can go to any firing range and let them take the exam; with Mr. Scott responding as he is doing currently.

Commissioner Higgs stated under the current Zoning Codes, Mr. Brand can have a commercial firing range in BU-1 or IU zoning classifications. Mr. Scott stated it would have to be an indoor range. Mr. Brand stated there is no law that prohibits firing inside of his house as long as he does not hurt anyone or cause a crime. Mr. Scott stated right now Mr. Brand has a home occupational license to conduct book classes. Commissioner Carlson stated it says text based training. Mr. Brand stated it says firearms instructor. Mr. Scott stated he cannot address what the Sheriff's Office has said in conjunction with the home occupational license; and allowing students to discharge firearms indoors would be contrary to the home occupational license. Mr. Brand inquired why is firearms so different from painting fingernails or drawing pictures; and denial of his request is an infringement upon his right to use his property. He stated he does not allow them to bring their own weapons.

Commissioner Carlson stated Mr. Brand received approval from the Planning and Zoning Office to obtain an occupational license from the Tax Collector to conduct concealed handgun training (text based training only) as a home occupation; and inquired if Mr. Brand understands what text based means; with Mr. Brand responding yes. Commissioner Carlson stated that is all the license is for right now. Mr. Brand stated he is 70 years old and the license is worthless.

Commissioner O'Brien stated gun shows provide courses and certify people to carry concealed weapons; and there is no live firing inside or outside of the facility where they hold the shows. Mr. Brand stated he complies with the State law that requires an instructor to see a person fire a gun at least one time. Commissioner O'Brien inquired how do they certify all those people at gun shows; with Mr. Brand responding they are falsifying and not certifying. Mr. Brand stated he has dealt directly with the State on the problem; they sent him the same certificates to give customers as those people have; and if he wanted to do the same thing, he could.
Commissioner O'Brien inquired if thousands of people are receiving the certification illegally; with Mr. Brand responding State law says the instructor has to see them fire a gun; the State told him a year ago that the law has changed and requires an instructor to see a person fire a gun; he can go to electronic firing, but being military for 20 years, a hunter, sportsman, target shooter, and member of a pistol club, he prefers the live firing. He stated he can take them to the Titusville Pistol Club, but he has to arrange for a range officer to be there at a certain time to get the small arms range; and a lot of times they are not there. He stated to have it on his property is a service to his customers as well as to him. Commissioner O'Brien stated KARS Park on Merritt Island has a firing range and Mr. Brand could meet there Saturday mornings with his students; and being ex-military, he has permission to use the park. He stated it is located on Hall Road, is run by NASA, and is open to military retirees.

Mr. Brand stated it is legitimate for him to take his gun and fire it all day if he wanted to and not violate any State law or Sheriff's rules. Chairman Scarborough stated if the Board were to allow this activity in every zoning classification that is the same as Mr. Brand's property, those people will have the same rights as he does. Mr. Brand stated they have to have property that meets the State law. Chairman Scarborough stated it is not that simple; and the Board would have to put parameters in to protect the use or it could happen in all kinds of strange places because when it changes the laws, it is for all property in Brevard County.

Commissioner Colon stated there is a huge difference in getting nails and hair done and firing weapons; her husband is a certified firearms range instructor; there is no comparison between those occupations; so she is glad the Board is not taking action to approve this request.

DISCUSSION, RE: REGIONAL OFFSITE MITIGATION AREAS (ROMA)

Commissioner Higgs advised she had conversations with people from St. Johns River Water Management District and Department of Environmental Protection regarding mitigation of small wetlands in Brevard County; and they discussed an option that would be fruitful to explore, where an offsite mitigation area might be worked by the County, under an agreement with Department of Environmental Protection, to do the permit and offsite mitigation. She stated it would be less expensive for individuals who have to make mitigation for wetlands, and it would streamline the process and protect the resources. She requested the Board authorize staff to begin some discussion with the appropriate agencies and get back to the Board on how it might be implemented.

Bill Kerr advised he has spent the last 20 years doing mitigation; that is how he makes his living; and he makes sure people comply with the environmental laws of the State. He stated the County's difficulty is subdivisions permitted before 1973; there are existing regulations that control development in wetlands; and he is not trying to change anything with this issue. He stated a single-family homeowner who has a wetland impact does not find out until he tries to finance his lot and build his home and has to get a permit through the Department of Environmental Protection; normally mitigation is done on site to decrease the impact to the person financially; so the County starts to get little pieces of development among little pieces of wetlands; and it is not environmentally significant. Mr. Kerr stated the suggestion is to work with the Department of Environmental Protection to have it permit the County to find an area that is regionally significant and needs to be enhanced, which it can do for less than full fee, then decide what wetland impacts there potentially could be that would contribute to the area. He stated the County could get the whole thing permitted by Department of Environmental Protection so when someone comes into Brevard County to pay the rest of the fees, that person would roll his wetland mitigation fee into it and that could be applied to the regionally significant offsite mitigation area. He stated it streamlines the process and reduces the cost significantly; right now it costs an individual about $5,000 to hire someone to get his permit; and to mitigate offsite is approximately $20,000, oftentimes more than the price of the lot.

Commissioner Higgs advised they are already platted lots; with Mr. Kerr responding they are platted lots and regulated under the County's current regulations; and his suggestion is to work with Department of Environmental Protection to get more significant mitigation at less cost to the applicants.

Commissioner Carlson inquired if the County has property that can be used for mitigation; with Assistant County Manager Stephen Peffer responding several years ago he and Conrad White went to Orlando to meet with several agencies about the potential of using King's Park; it was not treated very well by that group; and at this time he cannot say there are any particular properties under the County's ownership that could be used for mitigation, but perhaps Mr. White is aware of some. He stated mitigation typically looks at how to enhance the function of wetlands and not just by them; that would take some research; but staff has the resources to do that and would come back with several different suggestions of what might be appropriate.

Natural Resources Management Director Conrad White advised when they went to see the permitting agencies, it was to establish mitigation banking, which is different than a regional offsite mitigation area; mitigation banks typically require stringent management, financial requirements of putting away bonds to ensure the management occurs in the future, etc.; and generally the credits are out of reach of the single-family homeowner, ranging from $14,000 to $50,000 per credit. He stated Kings Park and track area, which is north of the Kabboord property on Central Merritt Island, was used as a regional site mitigation area with the district; the Board approved transfer of funds from a developer who had committed violations of the rules and staff worked out approvals of what work would be done; but the developer went bankrupt before the County could get any money.

Commissioner Higgs stated this is not just enhancements in terms of what the Board might consider to be paid to improve lands that have already been purchased, but also acquisitions; with Mr. White responding that would be his recommendation. Commissioner Carlson inquired if this is local mitigation and not outside of the County; with Commissioner Higgs responding absolutely. Commissioner Carlson noted regional implies it is somewhere else; with Commissioner Higgs commenting the region will be Brevard County.

Mr. Kerr stated the State Legislature reduced requirements for single-family homeowners to meet a full fee mitigation; a commercial developer would have to do the full fee, which means paying for the price of the land, maintenance, and enhancements; so it is an option that is available now which was not available before. He stated it makes a regional offsite mitigation area more within reach of a single-family homeowner; that area would be in Brevard County if the Board approves it; the area that is identified will be covered under a permit issued by the Department of Environmental Protection; but the issue that will not be identified before the impact occurs is the exact amount of wetland impacts because properties are different. Mr. Kerr stated staff can do a GIS mapping of the County and determine where, in concept, potential impacts would be, then it could define how much the fee would be or credit per acre that would go to the Regional Offsite Mitigation Area. He stated it would all be covered under State law with a permit written to the County by Department of Environmental Protection; the only thing left to do would be to have staff go out and identify the wetland impacts, which they do already, and avoid some minimization, which is a requirement of State law.

Commissioner O'Brien stated the concept is great; Kings Park has a lot of wetlands in poor condition; and inquired if Department of Environmental Protection would allow the County to charge a flat fee per square foot that would be paid to a special fund by all the small projects that come in one at a time, then the money used to enhance poor conditions of wetlands at Kings Park. He stated that would be a good way to do it; and what concerns him with mitigation banking is the single-family homeowner would have to mitigate seven to one times as opposed to a big developer. Mr. Kerr responded no, this situation would be in areas such as Port St. John, Port Malabar, and Canaveral Groves, where lots were platted forever; and usually it is in an area where there is no sewer so they have to use septic tanks. Mr. Kerr stated the County has a 75-foot setback for septic tanks from wetlands; drainfields are based on the square footage of the house; with the 75-foot setback, normally that gives enough area for a house, reasonable yard, driveway, septic tank, and drainfield; and that is what Department of Environmental Protection is looking for to minimize impacts. He stated what would not be allowed is if a person has a quarter-acre wetland on the northeast corner of his property and the rest is upland and he wants to fill the wetland. He stated some folks pay a long time and finally own their lot and want to build a dream home, but they cannot because mitigation is so expensive; so by spreading the cost across a great number of people, that would allow significant mitigation. He stated the ratio for that impact to the mitigation would be significantly lower because it is regionally significant under State law, and because the County is doing more than buying land for preservation and is enhancing or restoring wetlands and the ecosystem, which brings the ratios down and everything lower in price and more affordable. Commissioner O'Brien stated it would be great for single-family lot owners and would level the playing field against larger developers who can afford to mitigate; so it is a good idea.

Mr. Kerr stated it will require a memorandum of agreement with Department of Environmental Protection; Department of Environmental Protection will control the whole situation through its permitting process; and the County would categorize single-family etc. and what it intends to compensate for under the permit is all detailed in the permit that the County would work out with Department of Environmental Protection. He stated if there is something the County does not like in the permitting process, it can always stop; but in the 17 years he has been doing mitigation in Central Florida, he has seen the single-family homeowner take it on the nose financially for relatively minor impacts; and the mitigation that is offered is not environmentally significant to reduce the cost. He stated this permit will do good stuff for regionally significant wetlands and uplands; and it would keep the cost low for the homeowner. Commissioner O'Brien stated he read that the MOA should specify location of the wetlands to be resorted, filling ditches, removing exotics, planting native plants, restoring wetland, activation for ROMA management, who will do the work because it is a new cost, time line for achieving different tasks, including land acquisition and permitting; and inquired if the County has to buy lands that are in poor condition as wetlands.

Commissioner Higgs advised what she is asking for today is concurrence from the Board to direct staff to meet with the agencies involved, as outlined in the Agenda Report, and come back to the Board to get its concurrence before going any further. She stated they can talk about the scope of mitigation for benefits and outline the process and come back to the Board before doing any specifics; so today all she would like to do is direct staff to do the preliminary steps. Commissioner O'Brien stated it is a good idea and he has nothing against it but would not want to see Brevard County walk into a problem where it has to purchase properties and hire people to manage the properties and program. He noted before long it will be dumping a lot of money into this project if it is not careful. Commissioner Higgs stated if the costs are done right, they would be covered by the applicants and would be less expensive. She stated the County will have obligations; and that will be outlined in the scope from the preliminary discussions staff will have with the agencies. Mr. Kerr stated if staff is authorized to proceed, they will work down that road and report to the Board; and if the Board feels it is getting out of line, it can stop it. He stated there are areas in north and south Brevard County that are out of reach of a single-family homeowner, but would be well within reach of several hundred homeowners of land that is already owned and does not have current mitigation dollars. HE stated there are several regionally significant plans on the table for scrub jays and wetlands and other things; the Board can work this project in and add it to that; so there are a lot of options. He stated the Board does not have to jump to the conclusion that it will have to buy something; it may well be in the plan, but it does not have to jump there; and if the Board allows staff to work with Department of Environmental Protection, they can located those areas and bring the report back to the Board, which will have a better handle on providing a benefit for the single-family homeowners and the environment. He noted whatever impacts they are allowed under current County and State laws would then be mitigated. Commissioner O'Brien stated he agrees; however, the Sheriff requested x dollars this morning; at some point the Board has to say it can only spend so much money; money does not grow on trees; so it needs to look at the cost before making a decision. Chairman Scarborough requested a motion from the Board.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to direct staff to develop a memorandum of agreement with the Department of Environmental Protection for regional offsite mitigation areas. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - ANTHONY JOHNSON, RE: EXEMPTION TO ORDINANCE
NO. 01-54 FOR TEMPORARY CONSTRUCTION TRAILER

Anthony Johnson, Project Manager with Ranger Construction, requested an exemption from the moratorium in the 25-year floodplain to have temporary construction trailers associated with the U.S. 192 widening project; and his building permits are dead if he does not get an exemption.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to exempt Ranger Construction from Ordinance No. 01-54, 25-Year Floodplain Moratorium, and allow temporary construction trailers for Florida Department of Transportation's U.S. 192 widening project, only for the duration of the project. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE REQUIRING
DEVELOPMENT PLAN NOTIFICATION

Commissioner Carlson advised the reason she pulled the item was to get more conversation from staff about the review process and understand what the implications of doing this are. She inquired if the Board needs to change the Ordinance or start setting a standard for the community as a whole; and stated it seems like staff has gone to a different procedure to remedy some of the issues that were of concern and why this item was brought forward.

Assistant County Manager Peggy Busacca advised staff has identified that the current appeals process would come to the Board; and there may be instances where the Board would not have the ability to change anything if the item being appealed is not considered an interpretation or waiver. She stated for instance, if an individual comes forward concerned about setbacks or minimum lot sizes, the Board does not have the ability to waive those provisions or require additional provisions if the developer meets the Code. She stated the Board of Adjustment has the authority to reduce a setback by giving a variance, but staff identified that it could cause some significant frustration on the part of citizens who come to the Board expecting all provisions can be appealed when the Board would have limited ability under the current Code. She stated staff wanted to bring to the Board's attention that this would be a relatively difficult process once it begins.

Commissioner Carlson stated page 2 of the Legislative Intent, under subdivision review, says, "after all reviewing agencies have approved submission. . .", which basically means after staff has concluded that the plan meets all Codes and Ordinances, the Board is going to give people notice to see if they want to appeal the plan; if so, it might as well open the door and bring all site plans to the Board for review and public comment; and it will create major issues with the way it will do business.

Commissioner Higgs stated her concern is the Code allows only one side to appeal a decision, which is fundamentally unfair; she understands the concern this ordinance may cause by having people come to the Board wanting something changed and the Board has to abide by the laws; but by the same token, it should not take away the right of a developer or builder to appeal staff's decision or interpretation or the affected citizen who may want to appeal. She stated that is the dilemma; and if the Board is going to allow builders or developers to appeal, then the private citizens who are affected by a development adjacent to their homes or in their areas should have the same right. Commissioner Carlson stated they should have the right to know it is in progress, but currently they do to post notices on any developments; and doing that is a way to remedy the situation and allow those concerned folks to read the signs saying what development is underway in their areas, and if they have questions to contact the County and ask those questions and keep up with the process. She inquired if anyone during the site plan process could come in and disagree with certain items; with Ms. Busacca responding that would depend on whether the item was an interpretation or waiver. Ms. Busacca stated if the Board determines it is an interpretation of the Code, then the Code allows the Board the right to review that interpretation and either uphold or reverse it; it is the same for a waiver; but if it is something that is strictly administrative and the Code has been adhered to, then it would fall into the circumstance of being an administrative interpretation.

Commissioner Colon requested the item be tabled as she has a lot of questions. She stated she is in favor of the ordinance because citizens will be fully informed of the process and can bring their concerns to the Board; but there are a lot of questions that need to be answered. Commissioner Carlson stated Commissioner Colon's handout was attached to her Agenda item; the March 18, 2002 memo talks about positive aspects of informing citizens; but staff is doing what the Code says; and if they are following the directions, other than an interpretation or waiver, the Board may have no choice but to deny the appeal despite citizens' concerns. She stated the Board can put itself in that position, but it seems it will be shooting itself in the foot.

County Manager Tom Jenkins advised Commissioner Higgs commented that if the developer can make an appeal, then the citizen should be able to appeal also; it is his understanding that there has only been two appeals for over 1,000 site plans; and inquired if the Board is going to reconsider this item at a later date, would it like staff to explore the idea of eliminating the appeal of the developer as an option simply because it happens so rarely. Ms. Busacca noted those two appeals were by citizens.

County Attorney Scott Knox advised the site plan appeal provision has been on the books forever; right now it gives no time frame, and appeals can be made years after the site plan has been approved; so the concern about opening the door may be related to the notice that may go out to people whose properties abut the property being developed. He noted as far as actual substance of the appeal, that has been there a long time.

Chairman Scarborough stated it may be prudent to table the item to have the individual questions answered.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to table permission to advertise a public hearing for an ordinance requiring development plan notification. Motion carried and ordered unanimously.

PUBLIC COMMENTS, RE: REFERENDUM AND MARINA PARK

Joan Wheeler of Titusville requested the Board adhere to what was told to the public about the November 2000 Referendum. She inquired if she wants to petition her grievances to her government, should she write a letter and wonder it they would read it. She stated people come down and sit around to the end of the meeting because there are unknown time elements; and if they ask to be put on the Agenda, they still come and sit with no approximate time to speak. She stated 16 months after the Referendum, nothing has been planned for Titusville's Marina Park because the City of Titusville has a conditional Deed from the State and would like to turn over a large portion of the Park to a manufacturing business. She stated this is almost like déjà vu; when Chairman Scarborough was Mayor of Titusville, they had a similar situation where Titusville pushed for control of Marina Park because it could take the money from leasing it for condos and use it to pay for a sports complex around Dunn Airport; and it started off the same way as this issue. Ms. Wheeler stated the Marina Park issue started almost a year ago; the public became aware of it in April, 2001, but it was going on at least six months before that; the City Council allowed the citizens to vote on a referendum 16 years ago; but the City Council this time, in its infinite wisdom, has not seen fit to even accept suggestions or suggest anything. She stated the City Council came with the same proposition to turn it over to a business entity, which is supposed to give the City 20 acres somewhere for a sports complex; so it is almost the same as happened 16 or 17 years ago. She stated they have been waiting 16 months for a recommendation from the Parks and Recreation Department on what the improvements would be; the Attorney for the private entity seems to think that the Little League does not have an objection so what is the issue; but the Little League does not own the property, it belongs to the people. She stated the argument is that it is a small group of people who are against everything; the manufacturer is promising jobs with no proof of what is going to happen; those kinds of promises are easily made; but the final decision lies with the Board regardless of the recommendation that comes from Parks and Recreation. Ms. Wheeler stated they are waiting around to see what the City wants to do and if it is going back to the State to get the park as surplus so it will not have conditions on it and they would get free and clear title; and inquired if they do, will the County take it and all the other things. She stated it has been 16 months; the park is still on the master plan; it has not been changed yet; inquired if the business fails and the owner has the property, who is going to get it. She stated she may not be able to address the Board when it comes to it; but she hopes it will protect the property instead of selling it because of the type of property it is. She inquired if government goes around buying property to save and then turn it over to a business with promises; and she wonders how long it can keep money in the bank and not spend it.

Nelly Strickland of Titusville stated in 1992 she had a heart attack and some scheme came up with the same property; she went out getting signatures from people who were using the park then; and unbeknownst to her there was a lady sitting in a car who signed the petition; and it was Mrs. Severs, City Attorney Dwight Severs' wife. She stated Mr. Severs was fishing with his two boys; it has always been public land; the referendum that passed included the park; and it would invalidate the referendum because it would not be the same referendum if the park is not the same. She requested the Board get Parks and Recreation to make the improvements the way they are supposed to be; and stated they do not need to accommodate someone who has already been cited by the Department of Environmental Protection. Ms. Strickland stated she knows someone who worked there and swept floors; and when he asked what to do with the pile, he was told to sweep it out the door. She stated the company also had a 25 ton allowance per year for fiberglass; they used it up and overstepped their allowance by a good bit in tons; so she would not say they are very nice people. Ms. Strickland stated about the same time there was a fish kill further south on the river which she doubts was accidental; the people do not need that; and if the owner does not make a go of it and has to forfeit his business, he is deep in loans to cover other loans. She stated she also heard Brunswick may buy him out as it did Sea Ray; and she would hate to think of what they would put in the river. She stated the jobs rose from 50 to 100, then 150, and then 200; and by the next presentation she predicted it would be 1,000 and it was. She stated the Board should get on with the plans that were made in the first place which people voted for; and she would work hard to nix the referendum if they do not do what they said they were going to do with the park. She stated as for principles, she is a member of one of the oldest tribes in Europe; and whenever they were overcome by others, they fought their way out; they fought for their freedom; and their language is most closely associated with English because while the Anglos and Saxons were moving westward and stopped to inter-marry, they took language with them. She stated her roots go back far with straightforward saying like it is, stick to principles, and if a promise is made, keep it; and requested the Board stick with its principles, do what it said it was going to do, and get it done and over with; and spend the money for what it was intended. She stated if they cannot have Marina Park, she will ask for her referendum tax money back.

Bea Polk of Titusville stated she is also known as the cave woman; the last time she fought to keep the riverfront, she got petitions and was named the killer bee; and the other day they called her the cave woman, so today she is also known as a cave woman. She stated she wishes the County would accumulate the property for the taxpayers so they will know in years to come that they have riverfront property in Titusville. She stated it never stops; this is the third time; she is getting too old to fight; after 70 years it is time to buy the land or get it from the State free or do something because she is tired of fighting for one piece of land.

Ms. Polk inquired about the Attorney General's Opinion on auditing constitutional officers; with County Attorney Scott Knox responding he received a nice letter from the State saying they received it and are working on it. Ms. Polk inquired about the emails; with Mr. Knox responding he has been working with the Information Systems staff, has prepared a draft, and will have it available soon.

Ms. Polk stated she requested, if people sit all day long and listens to all that goes on, they should at least have five minutes if necessary for public comments. She noted most of the time no one goes over it. Chairman Scarborough stated he has given Ms. Polk five minutes; with Ms. Polk responding it should be included in the document.

Ms. Polk stated the riverfront is a serious situation if they lose it; they spent millions to buy riverfront; the City has it; and inquired why would it want to give it to someone. She stated she cannot understand it because she knows of no other riverfront except Marina Park that is not private; and inquired if Chairman Scarborough knows of any others; with Chairman Scarborough responding he could not think of any. Ms. Polk stated Ms. Strickland stated she wants her money back; and she would want her money back because that is the only reason she helped get the referendum through was to save the park. She stated she talked to a lot of old people and it was a real close election; they voted for it; it was put in print what was going to be done with it; and that cannot be changed. She inquired how long do they have to wait on it; and stated the Board needs to make a decision on e way or another; the people are all talking about the riverfront; they are scared they are going to lose it; and the ones who voted for it to pull the referendum over are very upset that they have nothing for their vote. She stated some people voted for their children and grandchildren, but that was mostly what they voted for; they hate taxes like she does, but they said to her that they want to keep the riverfront; so the Board owes them all to do something before it is lost.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 4:39 p.m.

ATTEST: _________________________________
TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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SCOTT ELLIS, CLERK

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