The Board of County Commissioners of Brevard County, Florida, met in regular session on August 15, 2000, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Randy O'Brien of District 2.

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

REPORT, RE: APPOINTMENT TO MARINE ADVISORY COUNCIL

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to appoint George Reynolds to the Marine Advisory Council with term expiring December 31, 2000. Motion carried and ordered unanimously.

REPORT, RE: RESOLUTION HONORING JANIE CARITHERS HOLMAN

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution honoring Janie Carithers Holman for her years of dedicated service, outstanding professional teaching record, and years of volunteer service, and wishing her good health and happiness in the years to come. Motion carried and ordered unanimously.

REPORT, RE: CHALLENGE OF WETLAND POLICY

Commissioner Voltz advised she received information about a request for administrative hearing from Charles Moehle regarding the County's wetlands policy; and inquired what is going on with that.

County Attorney Scott Knox advised Charles Moehle filed a challenge to the Department of Community Affairs with intent to find the County's Comprehensive Plan amendments in compliance with Chapter 163; his office talked to the Department of Community Affairs attorney this morning; and he indicated he would recommend to the head of that Division that they dismiss the complaint with leave to amend it; so Mr. Moehle's complaint probably will be dismissed. He stated Mr. Moehle may amend it and resubmit it, but at this point it has not gone very far.

Commissioner Voltz inquired if the County will have to wait until the issue is resolved; with Mr. Knox responding if Mr. Moehle goes back and amends his pleadings and they are upheld, the County would probably be delayed in finishing that off. Commissioner Voltz inquired if the County cannot do anything until that is settled; with Mr. Knox responding that is correct.

REPORT, RE: COUNCILMAN VOLTZ IN COUNTY VEHICLE

Commissioner Voltz advised at the last meeting someone stated her husband, Councilman Norm Voltz, was seen in a County vehicle being delivered to a City Council meeting; and that is an untruth; he was never in a County vehicle in any way, shape or form for any reason at any time, not just last Thursday; and she wanted to clarify that.

REPORT, RE: BUFFERS AND ELEVATIONS BETWEEN SUBDIVISIONS

Chairman Higgs advised Melissa Hoaglund of Suntree Estates was at the Zoning meeting and spoke about a concern she had about the buffer and elevations between Suntree Estates and Phase I of Sawgrass; she went by there and looked at that, and staff looked into some of the issues; and the Board needs to get a report regarding the elevation and the way the buffer that was approved as part of the BDP is being handled. Commissioner Carlson stated the Board discussed those issues between lots but not between subdivisions, so it needs to get a report back and look into that major issue.

Chairman Higgs instructed staff to return with a report on how the buffer is being applied as well as the elevations between Suntree Estates and Phase I of Sawgrass Subdivision.

RESOLUTION, RE: RECOGNIZING TRACEY WELLS

Commissioner O'Brien read the resolution recognizing Tracey Wells as a new United States citizen.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution congratulating Tracey Wells on her new citizenship and wishing her a happy and prosperous future. Motion carried and ordered unanimously.

Commissioner O'Brien inquired where Ms. Wells is from; with Ms. Wells responding New Castle, England, and she came to the United States in 1987. Commissioner O'Brien requested Supervisor of Elections Fred Galey show Ms. Wells how to register to vote; with Mr. Galey responding she has filled out the forms and was given a calendar with the elections identified, a magnet, and a pen. Commissioner O'Brien asked Mr. Galey several questions regarding eligibility, registration dates, and locations; with Mr. Galey responding the information is on the Internet and can be obtained at libraries, from guidance counselors at schools for high school seniors, etc. Mr. Galey stated a person has to be 18 years of age or older, and if his or her 18th birthday falls on Election Day, he or she can vote in that election. Commissioner O'Brien presented the Resolution to Ms. Wells and advised of other people who have not become citizens and remain foreign nationals.

APPROVAL, RE: INTER-DEPARTMENTAL LOAN AGREEMENTS FOR FUNDING BUILDING A EXPANSION

Motion by Commissioner Voltz, second by Commissioner O'Brien, to approve inter-department loan agreements for loans from Water Resources, Solid Waste and Surface Water Improvement Departments to the General Fund for construction of Building A expansion, with the loans to be repaid by Facilities Management in annual installments over a 20-year period beginning one year from the issuance of the Certificate of Occupancy. Motion carried and ordered unanimously.

AUTHORIZATION TO FILE INJUNCTION AGAINST ROBERT SMITH, RE: CODE VIOLATIONS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize the County Attorney to file an injunction on behalf of Code Enforcement against Robert Smith for continued violations of Brevard County Code Section 94-63(a), Maintenance of Commercial Property, and Section 114-28(b), Overgrowth. Motion carried and ordered unanimously.

AGREEMENT FOR SALE AND PURCHASE WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, RE: MULLET CREEK ISLANDS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Agreement for Sale and Purchase with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, providing $1,575,000 for the purchase of Mullet Creek Islands in the Indian River Lagoon Blueways CARL Project. Motion carried and ordered unanimously.

RESOLUTION, RE: RECOGNIZING FLORIDA INSTITUTE OF TECHNOLOGY COACH RICK STOTTLER

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution proclaiming September 1, 2000 as Rick Stottler Day at Florida Institute of Technology, in recognition of his contributions, dedicated service as volunteer soccer coach, and outstanding record at F.I.T. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to appoint and/or reappoint Doug Jaren and Albert Pappas to the Marine Advisory Council, with terms expiring December 31, 2000; Dollye Robinson and Loretta Wilson to the Central Brevard Library and Reference Center Advisory Board, with terms expiring December 31, 2000; Susan Martin and Annette R. Miele to the Art in Public Places Advisory Committee, with terms expiring August 14, 2002; Greg Jones to the Historical Commission, with term expiring December 31, 2000; Jonnie Swan to the Environmentally Endangered Lands Procedure Committee, with term expiring December 31, 2000; Kathy Weaver to the Medical Services Review Committee, with term expiring December 31, 2000; Harold J. Fuller to the Building and Construction Advisory Committee, with term expiring December 31, 2000; and Ray Hoffman to the Code Enforcement Board, with term expiring December 31, 2000. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve bills and budget changes as submitted. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING KRISTA FROISETH

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution commending Krista Froiseth of Satellite Beach High School as the Top Honors Winner of the 19th Annual Congressional Art Competition for High School Students, and offering congratulations and best wishes for a successful future. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING EASEMENT IN BAREFOOT BAY, UNIT ONE - FRANK FURINO

Chairman Higgs called for the public hearing to consider a resolution vacating an easement in Barefoot Bay, Unit One, as petitioned by Frank Furino.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution vacating easement in Barefoot Bay, Unit One, as petitioned by Frank Furino. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE VI, SECTIONS 62-1151(d), 62-1482(3), 62-1483(3), 62-1102, 62-1941.5, 62-1540, AND 62-2272, PERFORMANCE OVERLAY DISTRICT

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 62, Land Development Regulations, to establish a performance overlay district.

Commissioner O'Brien advised SR 520 is the only commercially developed corridor that does not abut residential and the only area affected by the ordinance. He inquired if the Merritt Island Redevelopment Agency reviewed and commented on the ordinance; with Planning and Zoning Director Mel Scott responding no, but Doug Robertson reviewed it early on.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to continue the public hearing to consider an ordinance amending Chapter 62 to establish a performance overlay district until October 10, 2000; and instruct staff to send it to the Merritt Island Redevelopment Agency for review and comments. Motion carried and ordered unanimously.

DISCUSSION, RE: PROPOSED CHARTER AMENDMENT ON SALARIES

Commissioner Scarborough advised concurrent with this issue is the time frame; and recommended Supervisor of Elections Fred Galey confirm the time frames for filing Charter amendments.

Supervisor of Elections Fred Galey advised the people working on the initiative have to turn in 14,000 signatures; they have turned in 11,000 of which not all have been checked, as his office has checked over 200,000 signatures for candidates, etc. He stated the advance ballots have to be mailed out 45 days before the election; and he needs any items that will be placed on the ballot 60 days before Election Day.

Commissioner Scarborough inquired if after the signatures are verified, the item will be sent to the Board; with Mr. Galey responding he will send the Board a statement saying they have met all the requirements. Commissioner Scarborough inquired if the Board has a September 5, 2000 deadline as well; with Mr. Galey responding he could give a few days after that date, but needs time to get the ballot to the printers and back to mail out to absentees 45 days before the election.

Commissioner Scarborough advised one thing the Board will consider this evening could be inconsistent with one of the citizens' initiatives; and if it is, it could end up with more confusion.

He inquired what day will the Board meet after September 5, 2000; with Deputy Clerk to the Board Berni Talbert responding a budget hearing is scheduled on September 6, 2000 and a regular meeting on September 13, 2000. Commissioner Scarborough inquired if the Board could consider the referendum on September 6, 2000 at the budget hearing; with Mr. Galey responding yes.

Maureen Rupe, President of Port St. John Homeowners Association, advised she read in the paper that Mr. Knox said both the amendments could go on the ballot; and inquired what would happen if they both passed. County Attorney Scott Knox advised he is trying to work out the details on that; and the best he has been able to come up with is a case from Minnesota in 1888 where people voted on two different boundary lines for a county and ended up excluding anybody who voted yes on both boundary lines, so they actually excluded ballots. He stated it is very complicated, but there is a way to do it; and one way is to give voters an alternative to vote yes on one and no on the other. Ms. Rupe stated the ballot language says, "In the first fiscal year following the effective date of this section, salaries of the County Commissioners shall be the salary fixed by the State of Florida for county commissioners in non-charter counties of like size to Brevard County"; and inquired if that reaffirms the salary increase the Board voted for itself. She inquired if it passes in November, does it mean it would not be implemented until the following November; with Mr. Knox responding that is correct. Ms. Rupe inquired if it means what the Board voted on in January, 2000, if not rescinded, would take effect next November and would start at $70,000; with Mr. Knox responding it would be the salary for the year 2000. Ms. Rupe stated she does not understand how the Board could recapture the salary after freezing it; and inquired if the Board would do that for County staff when their salaries were frozen. She stated it looks like the Board is going to be fair tomorrow but not today, and will grab every cent it can today; and requested the Board review the ballot language again. She inquired if the percentage would be 4% for COLA; with Mr. Knox responding if the Board approves the budget as submitted, it would be 4% COLA this year. Ms. Rupe pleaded with the Board to review the ballot language, and reverse its vote of January 25, 2000, not just for the people but for themselves politically.

Commissioner O'Brien advised he received a letter from someone saying he insulted Ms. Rupe last week; and inquired if she felt insulted; with Ms. Rupe responding no, it was just a difference of opinion and discussion. Commissioner O'Brien stated he did not try to insult Ms. Rupe.

Commissioner Scarborough advised the issues need to be broken down; the basis is one of the issues the citizen initiative is addressing with reversal of Ordinance No. 2000-05; and if that comes forward, maybe it can be worked out by looking to the Minnesota law, but he would prefer not to do that and would prefer not to have inconsistent items on the ballot. He stated the next step is the ballot summary language needs to say the salaries are being fixed, even though that has taken place by action of the Board. He recommended the basis be placed on the ballot as one issue and the second issue be the methodology, so the electorate can determine the basis with one vote and the methodology for mechanical increases with the second vote. Commissioner Voltz requested an explanation of Commissioner Scarborough's suggestion; with Commissioner Scarborough responding what is written is a basis which reaffirms the Board's action; one of the issues that the citizen initiative has taken is the reversal of the Ordinance; they have a right to do that under the Charter; so that is one issue that is being brought forward by the people. He stated if that becomes an issue, it needs to be set forth in the ballot language, so a person who does not like the basis for the wage increase can vote against it not because of the mechanics of how the salaries were set, but because it affirms an action they do not approve of. He stated splitting the issues will give the people clear alternatives. He stated if initiatives come from the public, the Board should look to the public as opposed to inserting its own things. Commissioner Scarborough advised another proposal is the review process; he likes it, but the salary issue has a mixture of things.

Commissioner Carlson stated her big issue was to take salaries out of the Commission's hands for good; having the Constitutional rate or the lesser of that rate and the COLA that employees get is a happy medium; and to get rid of the issue of recapturing dollars that were frozen over time was not her intent, so she would like to propose a motion.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to rescind Ordinance No. 2000-05 adopted on January 25, 2000.

Commissioner O'Brien inquired what will be done now; with Commissioner Carlson responding it would freeze salaries at $58,000 or whatever it is right now, be put on the ballot, then go by what the people say. She stated it will solve the problem with the Charter group and everyone else. Commissioner Voltz inquired if it passes, will it go to the State's rate; with Commissioner Carlson responding the ballot language says one or the other, whichever is less. Commissioner Carlson stated it will eliminate two salary amendments, the Minnesota issue, etc. and clarifies a lot; and that is the only way to come to a balanced agreement. Commissioner Voltz inquired what will happen if the Home Rule Committee comes back with its amendments that are different than what the Board is asking, and will it be put on the ballot as well; with Mr. Knox responding if the Board passes the motion, it will be at the same level in terms of salaries; there will be a slight difference in the way the increases would be determined from the Home Rule Charter committee's version to the Board of County Commissioners' version; the Board could put them on as alternative choices for the electorate to make a choice of one or the other; so they both can go on in that sense.

Commissioner O'Brien inquired which item is proposed to be put on the ballot as a referendum question; with Commissioner Carlson responding page 2 states, "Shall Section 2.6 of the Home Rule Charter for Brevard County pertaining to salaries and other compensation for county commissioners be replaced with a new Section 2.6 that limits annual county commission salary increases to the lesser of: (a) the percentage approved by the State of Florida for commissioners in non-charter counties, or (b) the cost of living percentage increase approved for other employees of Brevard County." She stated that is a good balance and takes it to the administrative level; and it will not have to come to the Board, which is fair.

Commissioner Voltz inquired if the COLA is set in Washington; with County Manager Tom Jenkins responding it is the Consumer Price Index (CPI), but staff tweaks it, depending on circumstances; however, it is fairly close to the CPI. Chairman Higgs inquired if COLA has no definition; with Mr. Jenkins responding no, just whatever the Board gives employees. Commissioner Voltz inquired if it is something the Board can determine; with Mr. Jenkins responding no, it varies from year to year and is a budgetary decision. Commissioner Voltz inquired if the Board determines what the COLA will be; with Chairman Higgs responding the Board does determine that, but the CPI comes from somewhere else. Commissioner Voltz stated the Board will still be setting its own salary rate. Mr. Jenkins stated the Board will know what it will get when it sets the employees' increase, unless the percentage of the State for non-charter counties is less, then that would apply.

Commissioner Carlson inquired if the first sentence of Section 6 of Section 2.6 sets the constitutional rate; with Mr. Knox responding the first sentence will change if the Board rescinds the Ordinance; and part 2 would be to incorporate the mechanism for increases which will either be, according to the proposed amendment, that approved for non-charter counties of like size or the cost of living increase approved for County employees.

Commissioner O'Brien stated the language says, "In the first fiscal year following the effective date of this section. . ."; and inquired if that means October 1, 2001 or does it become effective immediately; with Mr. Knox responding the Board would have to wait; and the reason it was set up this way is because the determination of what increase the State gets is not made until January next year; so the Board has to wait to find out what that will be. He stated that may be a moot point if the Board is going to set its salary at the 1999 rate. Mr. Jenkins advised they would still need to know the percentage of increase; with Mr. Knox responding that would be a separate provision. Commissioner O'Brien stated he would prefer wording that says it becomes effective immediately or as soon as the certification of election results is done. Mr. Knox stated it has to be revised if the motion passes. Commissioner O'Brien stated if the employees get 3% this year, which may be less than what the State rate would be, will it affect Commissioners' pay for the year; with Mr. Knox responding he would have to change it to reflect December 31, 1999 salary and the increase provided for in the second paragraph to kick in immediately upon approval of the amendment. Commissioner O'Brien stated he does not think anyone would have a problem with that.

Chairman Higgs stated she has a problem with the cost of living issue; and the wise thing to do is adopt the motion, let the next Charter Review Commission deal with the issue, and leave the salary where it is right now for that time period. Commissioner O'Brien stated he cannot say that because it would just compound the problem.

Commissioner Scarborough stated the substantive question is if the Board wants to capture the action of the prior Ordinance or not; and by removing the salary increases, the Board will be able to have something that is purely mechanical for the electorate to vote on and eliminate the Minnesota issue and the issue of the Home Rule Committee's initiative. He stated three factors were discussed--the pure CPI, the cost of living given to employees, and a blend of the two at the lesser percentage; it is not impossible to come to a consensus, but it does not have to be done tonight; and the County Attorney has been given new thoughts to work with.

Commissioner O'Brien inquired what is the deadline for the Commission to set salaries; with Mr. Knox responding before October of even-numbered years. Commissioner O'Brien stated this is not a ballot issue and would create a new ordinance for the lesser of the two--(1) COLA employees receive, or (2) the State rate paid to commissioners of non-charter counties. He stated if the Commissioners had take the COLA five years ago, when the problem first began, they would be making more than non-charter county commissions.

Commissioner Scarborough advised an employee should not set his or her own salary; it is a breach of fiduciary responsibility; and this issue was fundamentally flawed because any increase the Board voted on could be presumed to be a misuse of authority because Commissioners are not supposed to act to the detriment of their employer, the taxpayer. He stated the Board froze salaries before and can keep them frozen until the people vote on a mechanical method so the Board will never have to act on Commissioners' salaries again. Commissioner Voltz advised the State set guidelines so the Board would not have this problem, but it is having a problem; and the Charter says the Board has to set its salary in even-numbered years. Commissioner Scarborough stated the Charter is imperfect like everything else. Chairman Higgs stated the Charter does not require it. Commissioner Scarborough stated the Charter allows the Board to set its salary, but when it did, it crossed over a line where people said it was not right; the constitutional officers' salaries go up, but they do not increase their salaries; that is created by a methodology; but for the Board's salary, the discretion works against the employer; and therein lies a breach of fiduciary responsibility. He noted it is a matter of trust.

Commissioner Voltz stated it is a matter of trust, but no matter what percentage increase the Board sets, it is going to be criticized; setting its salary by COLA percentage is still setting its own salary; and when it gets away from State guidelines, it gets in trouble. Commissioner Carlson stated the ballot language takes it out of the hands of the Board and makes it an administrative action, as the COLA is determined through the budget process; with Commissioner Voltz responding the Board approves that percentage, so it is still having the final say on its salary. Commissioner Scarborough stated the Board could use an economic index; and Chairman Higgs stated it could use the CPI. Commissioner Scarborough stated if the Board sets the employees' raise by 3%, it should do the same for itself. Commissioner Scarborough stated if the Board sets the employees' COLA, it will also impact its salary; and someone can make the argument that the Board is giving itself a 10% raise, since it has agreed to 4% adjustment, 4% COLA, and 1 to 2% merit increases for employees.

Commissioner Carlson stated if COLA is an issue, the Board could go with the rate of non-charter counties by the percentage increase and not amount. Commissioner Voltz inquired what if the percentage is more than the Board has set for employees; with Commissioner Carlson responding it could be an amendment in the Charter.

Chairman Higgs advised the optimum thing to do in this situation is to approve the motion, leave the salary where it is, go to the Charter Review Commission in two years, and let it make the decision. She stated anything the Board puts on the ballot at this point will look very self-serving; and she sees no reason to take that course of action. Commissioner Voltz stated any time the Board addresses its salary it will seem that way; and two years from now it needs to have the intestinal fortitude to do something. Chairman Higgs stated the thing to do is rescind the previous motion, leave it where it is, and let the Charter Review Commission address it; and that is doing something. Commissioner Voltz commented it is putting it off on somebody else. Chairman Higgs stated Commissioner Scarborough's argument is that it is not within the Board's ethical responsibility to set its salary; and the same thing could be argued if those sorts of petition amendments are put on the ballot.

Motion by Commissioner O'Brien, to amend the motion to include the language proposed by Commissioner Carlson.

Commissioner Carlson stated she would prefer to handle the motion as stated, and if Commissioner O'Brien has another motion, he can create it. Commissioner O'Brien stated he could go with the motion to rescind provided that the amendment is sent to the County Attorney for new language for Section 2.6 of the Charter and brought back to the Board at its next meeting.

Chairman Higgs called for a second to the motion to amend the original motion; and hearing none, declared the motion died for lack of a second. Chairman Higgs called for a vote on the original motion. Motion carried and ordered unanimously.

Mr. Knox advised the motion to rescind the salary increase is actually instructions to him to bring back an ordinance that repeals Ordinance No. 2000-05. Commissioner Scarborough inquired when will that be; with Mr. Knox responding the next meeting.

Commissioner Carlson inquired when is the next Charter review; with Mr. Knox responding it is every five years, so five years from 1998 would be 2003.

Motion by Commissioner O'Brien, to put the ballot proposal as outlined by Commissioner Carlson on the Agenda for next week to consider it, and the County Attorney correct Section 2.6 of the Charter as required.

Commissioner Carlson inquired if the motion is to have the percentage increase for non-charter counties or the lesser of that and the COLA percentage; with Commissioner O'Brien responding the percentage increase approved by the State for county commissioners of non-charter counties, or the percentage of the cost of living increase approved by the Board of County Commissioners for Brevard County employees. Commissioner Carlson stated because Commissioner Voltz brought up an issue that the Board still has some control of that, she cannot second the motion; and if it is sent to the Charter Review Commission, the Charter Commission may understand the issues and recommend the salary stay as a constitutional issue. She noted the Board needs to extract itself from the whole thing.

Commissioner O'Brien suggested Mr. Knox bring it back next week so the Board can decide what kind of language would be appropriate to change the process and meet the deadline for a referendum question on the November ballot. He stated it should be proposed language so the Board can consider other ways of trying to solve the problem and make changes so the future Board would not have to deal with it. Mr. Knox stated he would bring back alternatives. Commissioner Scarborough suggested Mr. Knox work with Mr. Abbate who has some ideas on the issue. He stated if the Board has options, it will be able to determine if it wants to put something on the ballot or wait for the next Charter Review Commission.

Commissioner Voltz stated the Board needs to address the issue because the Home Rule Charter Committee may come back with their signatures; and the Board would have to address it again and put something on the ballot. She stated if it looks at the options now, it would have some insight if and when that occurs.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct the County Attorney to return with options on a Charter amendment that would completely remove setting Commissioners' salaries from the control of the Board. Motion carried and ordered; Commissioner Higgs voted nay.

DISCUSSION, RE: GENERAL ELECTIONS FOR CHARTER AMENDMENTS

Commissioner O'Brien advised the Board may want to consider another referendum question to amend the Charter providing that any changes to the Charter be made during general elections because the Charter is the constitution of the County, and would be belittled by allowing any group to have amendments considered during primary elections. He stated the majority of voters turn out for general elections; and recommended a referendum to amend the Charter to say that Charter amendments will only be allowed in general elections every two years.

Commissioner Scarborough advised Commissioner Carlson proposed a means of having a review; he likes the idea of 1% of the signatures would allow Charter amendments to come forward for review by a panel; and inquired if Mr. Knox can have the proposal reviewed by people he works with who have local government and constitutional expertise to see if they have any thoughts, including Paul Gougelman and some other city attorneys. He noted they may see something that he does not see, so the Board does not end up with constitutional and legal problems. Chairman Higgs inquired if the Board wants to take action on it; with Commissioner Scarborough responding he would prefer it come back after other attorneys review it, because once it is put on the ballot and people approve it, it could have problems.

Commissioner O'Brien advised the Board has a responsibility to the general public; he feels strongly that Charter amendments should only be done during general elections every two years so a small constituency with its own private agenda does not move the Charter around to its own benefit. He stated the groups that bring amendments forward would be the ones voting, and everyone else would stay home and say it does not matter; and eventually the government would be in jeopardy of not being able to do what the general public wants it to do. He stated reality says people vote in general elections.

Chairman Higgs instructed the County Attorney, as part of the package for discussion of the amendments, to look at where Commissioner O'Brien's proposal would be and how it could be inserted, and bring that back to the Board for discussion.

RESOLUTION, RE: INSTALLATION OF NO PARKING SIGNS IN VIZCAYA ESTATES SUBDIVISION

Commissioner Carlson advised Vizcaya Estates is across from Suntree Elementary School; there are parking on the street problems the residents cannot get the Sheriff to enforce; they found out the Sheriff oversees Suntree, but Vizcaya is not part of the Suntree PUD; and they have to go through the Board to get approval for the Sheriff to uphold the parking laws. She stated they are having problems, and do not understand why the Sheriff cannot enforce the laws; this seems to be the only way to get some action; and that is why it is before the Board.

Phil Kolodziej advised they had no parking signs installed six years ago; they were enforced for the first three or four years; and now that the subdivision is completely built out, they have not been enforced even after 39 phone calls and 17 letters to the Sheriff's Department and County Attorney. He stated they were told they had to come to the Board to get enforcement of the signs; people are parking and blocking sidewalks but the laws are not enforced; and it is difficult to get emergency vehicles into Vizcaya Estates because they only have one access in and out and people are parking on both sides of the street.

Commissioner O'Brien gave a scenario of his mother playing bridge with friends after midnight; and stated there are no exemptions provided for people who may have parties at their residences, etc. He inquired if they considered exempting Fridays and Saturdays, as the tickets cost $57 which is quite expensive; with Mr. Kolodziej inquiring what price is right for safety, and would the law be enforced sometimes and not at other times; and stated every house has a two-car garage and parking for two vehicles on their driveways.

Commissioner Carlson stated it is consistent with safety in the neighborhood; there could be exemptions through the homeowners association for special events; the same problem exists in The Crossings in District 2; and it is a real safety concern.

Commissioner O'Brien gave a scenario of 4th of July parties; and inquired if they would have to come to the Board for an exemption. Commissioner Carlson stated the crucial issue is that the residents get a response from the Sheriff's Department; the Sheriff's deputies would not be riding around looking for violations; but if there are problems, the residents should be able to call in and get a response. Commissioner O'Brien stated Island Crossings has the same problem, but he is afraid of being overly restrictive even though he understands the community has to have it for safety purposes.

Mr. Kolodziej advised the County Ordinance prohibits blocking sidewalks. Commissioner Carlson stated the Ordinance is not being enforced; and the Board needs to find out why it is not enforced. She does not know why the Sheriff is not responsive to issues like that, because they have a lot of sidewalks blocked at any given time; and this is an issue throughout the County. She stated there is an Ordinance that says it is illegal to block sidewalks.

Chairman Higgs recommended the County Manager send a letter to the Sheriff to get a clarification on the lack of enforcement issues, and to find out what the problem is.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to adopt Resolution authorizing installation of no parking on streets between 12:00 midnight and 7:00 a.m. signs at the entrance into Vizcaya Estates Subdivision, and vesting the appropriate law enforcement authorities with the power to enforce the laws, issue citations, and pursue other actions necessary to assure the intent of the Resolution is implemented and enforced. Motion carried and ordered unanimously. (See page for Resolution No. 2000-223.)

RESOLUTION, RE: INSTALLATION OF NO PARKING SIGNS IN ISLAND CROSSINGS

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to adopt Resolution authorizing installation of no parking on streets between 12:00 midnight and 7:00 a.m. signs in Island Crossings Subdivision, and vesting the appropriate law enforcement authorities with the power to enforce the laws, issue citations, and pursue other actions necessary to assure the intent of the Resolution is implemented and enforced. Motion carried and ordered unanimously.

WAIVE TITLE EXCEPTIONS TO FENCES, RE: MEP AMERICA, LLC PROPERTY ACQUISITION

Ann Birch advised the Board approved the MEP America acquisition in July, 2000; things have been changing hourly with this project; and requested authorization for the Chairman or County Manager to approve any amendments associated with title defects that may result in reduction of the purchase price and boundary agreement that will provide the use of one survey among all adjacent property owners. She stated it will facilitate any issues that may arise between now and closing on August 30, 2000. Commissioner Scarborough stated he would prefer the authorization be given to the Chairman who also executes all documents on behalf of the Board, and would have the discretion to say no and bring it back to the Board.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to waive title exceptions to fences shown on the MEP America, LLC property survey if Quitclaim Deeds and Disclaimers of Interest are obtained from adjacent property owners; and authorize the Chairman to resolve further issues relating to closing of the transaction. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to recess and convene as the Governing Board of the Barefoot Bay Water and Sewer District.

RESOLUTION, RE: APPROVING FY 2000-01 BUDGET FOR BAREFOOT BAY WATER AND SEWER DISTRICT

Chairman Higgs advised the budget involves no rate increase and the plant has improved.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution approving the FY 2000-01 Budget for Barefoot Bay Water and Sewer District in the amount of $3,394,359, and authorize transmittal of the budget to the Brevard County Board of County Commissioners. Motion carried and ordered unanimously.

The Board reconvened as the Board of County Commissioners.

ESCROW AGREEMENT WITH DEPARTMENT OF THE ARMY AND SUNTRUST BANK, RE: CONSTRUCTION OF SHORE PROTECTION PROJECT

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to execute Escrow Agreement with the Department of the Army and SunTrust Bank for the bank to serve as escrow agent; and approve depositing the County's share of beach renourishment costs into the escrow account to be drawn on by the Army Corps of Engineers as specified in the Project Corporation Agreement dated April 20, 2000. Motion carried and ordered unanimously.

PERMISSION TO HIRE MULLER, MINTZ, KORNREICH, ET AL LAW FIRM, RE: MAXWELL v. BREVARD COUNTY APPEAL

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize hiring the law firm of Muller, Mintz, Kornreich et al to pursue an appeal in the Maxwell v. Brevard County case. Motion carried and ordered; Commissioner Voltz voted nay.

The meeting recessed at 6:40 p.m., and reconvened at 6:51 p.m.

RESOLUTIONS, RE: PARKS AND RECREATION REFERENDUMS

Parks and Recreation Director Charles Nelson advised based on direction of the Board, his Department undertook a process of identifying projects that would benefit the residents of Brevard County in recreational services; they found the shortfall in facilities related mostly to active athletics, although there were some projects for passive recreation; and they found that residents were more interested in identifying projects in their neighborhoods and paying for those when they knew what they would get. He stated there is always concern that some parts of the County would get more than they were supposed to or not get what they supposed to; so they addressed it by identifying four specific boundaries and projects that would benefit those four areas. He stated the concept of the referendums is that residents would only vote on improvements within their communities; they represent different amounts and impacts in terms of millages; and they undertook an extensive public participation process which will be ongoing, as they will continue to meet with the organizations and fine-tune projects and plans. Mr. Nelson advised the numbers represent a culmination of the process; the areas identified are the North area, from north of Kings Highway to the Volusia County line; District 4 Special Taxing District, from SR 520 south to the area north of Viera; Merritt Island, from Kennedy Space Center south to Pineda Causeway; and South Brevard, from Viera south to Indian River County on the mainland and from Patrick Air Force Base south to Indian River County along the barrier islands. He stated within those areas, they identified projects that were discussed and tried to balance those, working with the Advisory Boards, and as a result, came up with the proposal before the Board. He stated the North Area would have approximately $15 million in improvements; District 4 would have $15.7 million; Merritt Island would have $12.9 million; and South Brevard would have $45 million which represent .800 mill for North Brevard, .900 mill for District 4, .600 mill for Merritt Island, and .400 mill for South Brevard. He stated the numbers are based on the taxable values within those areas as well as the projects identified. Mr. Nelson advised there are two Special Taxing Districts, the District 1 Parks and Recreation MSTU and District 4 Special Taxing Unit; they propose that maintenance in those areas be addressed through the special taxing districts; and in the south end, they would incorporate wording in the ballot language to allow maintenance to occur.

County Manager Tom Jenkins advised the item is a result of the work of the North Brevard Commission on Parks and Recreation, Central Area Mainland, Central Area Merritt Island, and South Area Parks and Recreation Advisory Boards which had an important role in formulating the projects. He stated staff was the technical resource, but the work product came from the Advisory Boards throughout the County. Commissioner Carlson inquired if the South Brevard numbers include dollars for Cocoa West, Joe Lee Smith and Woody Simpson Parks; with Mr. Nelson responding yes.

Commissioner Voltz inquired if the Board reversed the money earmarked for a facility at Palm Bay Regional Park for PAL to use as a match for federal dollars; with Mr. Nelson responding there was concern in terms of funding for a PAL program and the center in particular; $2.2 million was set aside for a community center; the Palm Bay Regional Park Advisory Board met with the South Area Advisory Board, and they agreed the money could be used for matching purposes so they could construct a larger facility; and that is part of the referendum.

Richard Cannata, representing Space Coast Crew Boosters, advised they store their boats on property owned by the County known as the Cochran property, so they are interested in this proposal for several reasons. He stated the referendum supports good things for the community and will enhance recreation facilities for all citizens; it is good for the Boosters because it gives them a place to keep their boats and improve the property; there are no facilities at the Cochran property, not even drinking water or bathrooms; so the Crew endorses the referendum to keep young people actively involved in outdoor recreational activities. He thanked Chuck Nelson, Karen Palus, and Jack Masson for their support over the past two years; and stated they hope to put a boat house on the property to store the boats inside.

Rita Caldwell, Past Chairman of the Friends of Taylor Park, advised the park was donated in 1929; it is in Rockledge and accessible from U.S. 1; people countywide use the park; and through grant funding and their own initiatives they put $55,000 into the park which has a lot of meaning to their community. She stated they are pleased to see the possibility of getting help to finish it; it has no bathrooms and has tremendous needs; but it is a wonderful spot, so they hope the referendum is approved.

Bob Kush, representing Viera/Suntree Little League and Space Coast Soccer, advised Mr. Engler had to leave so he will combine their comments; and informed the Board of his various services to the community through recreational activities. He stated their children need and deserve to be on par with the rest of the County; they have 400 children in Little League and are trying to get a juniors team but have no facilities for them to play on; the Little League teams play at Suntree Elementary School through a joint use agreement; but they need facilities for the older children who play baseball and give them an alternative to stay off the streets. He stated they maintain the fields at Suntree Elementary through corporate donations; thanked Jack Masson and Karen Palus for providing maintenance; and requested the Board support the referendum as facilities are badly needed in the Suntree/Viera area. Mr. Kush advised soccer has 900 children and play at Wickham Park; they have to practice wherever they can find grass in the area; they have turned children away because they do not have enough practice fields; and they have to compete with Rugby, Frisbee, and other uses. He stated Mercedes Homes is putting in a snack shack and restroom facilities to help the Club; there are significant needs in the County for those types of facilities; and the referendum is a positive step to alleviate the lack of space for recreational activities in the County, so he would appreciate the Board's support.

Nelson Hamilton, representing Suntree Master Homeowners Association, endorsed the initiative and offered the support of the Association.

Brian Hurley, Chairman of South Area Advisory Board, advised of his various volunteer services and extensive involvement in the community; and recommended the referendum be placed on the ballot. He stated the referendum is long overdue; and they worked hard on the projects, and covered Viera and Palm Bay to determine facilities needed for all ages, including the South Brevard Senior Center and boat ramps.

Amy Mosher expressed concern about the $4 million in the referendum for the 81-acre Rockledge Community Park off Murrell Road and Gus Hipp Boulevard which was recently added to the referendum when a subcommittee was designing a community park for $400,000 to meet the modest more passive needs of the community. She stated two surveys were sent out to Rockledge residents over the past two years; the highest scoring facilities were nature areas, walking and biking trails, picnic areas, and pavilions; and the Rockledge Conservation Study conducted by F.I.T. and Dr. Hillary Swain documented the park property as pine flatwoods which are rare, excellent habitat with diverse communities, leaving it a high-priority property for preservation, and good for nature trails, passive recreation, and an indoor environmental center. She stated it was also documented to be of educational value for local school outings and ecologically important for scientific research. Ms. Mosher advised all those uses were documented for the property in 1991 before the City purchased it in 1995; the City's original plan for a sports complex was defeated in November 1998; and a subcommittee was formed to design a park addressing the community's needs with consideration of the natural surroundings. She stated the park is in the referendum for $4 million; that money would only be necessary to build a sports-oriented complex; currently Rockledge's most common undeveloped lands are disturbed areas; and those areas would provide the most sensible place to build a major sports complex, such as the 112 acres where Viera is going to build a sports complex. She stated the City is not following the policies, goals and objectives of its Comprehensive Plan, the Recreation Open Space Element, citizen surveys, or the Rockledge Conservation Study in the design of this community park; the Comprehensive Plan expresses a need to work with the County and School Board to allow joint use of public school facilities which would adequately provide for the recreational needs of the community; they do not need the $4 million for the park; but what they need is more tax referendums like the EEL's Program to buy open space and connect greenways. Ms. Mosher stated the money will only fund the destruction of the City's limited public open space and provide for development on a rare and uncommon parcel of property which is high on the list for preservation. She stated Brevard County is facing a major problem with stormwater runoff which is degrading the Indian River Lagoon with high levels of nitrogen and chemical pollution; and adding the broad yet vague referendum to tax residents for development of more high-maintenance and high-dollar sports fields and more paved parking areas will only compound the problem, create more pollution, and threaten the loss of open space and disappearing natural areas. She stated high-maintenance state-of-the-art athletic fields require pesticides and fertilizers to keep them in perfect condition; pesticides are harmful to people, children, wildlife, water quality and aquatic creatures; and advised of seeing a family of sandhill cranes looking for food on a grassy area with a chemical pesticide sign. She stated people are moving to Brevard County for open space and to escape other parts of the State which have already been covered with concrete and sod; and requested the Board take the $4 million out of the referendum as it goes against the wishes of the majority of Rockledge residents and is not in their best interest.

Larry Schultz stated approving the referendum is the right thing to do; it is long overdue; the needs for active recreation in the Rockledge area have far outstripped the capability to provide that service to young people; and it has been 30 years since they built the last active recreation park in Rockledge. He stated the population of Rockledge at that time was less than 10,000; now it is 20,000; the referendum will permit the City and County to build badly needed active recreational facilities for their community; and urged the Board to vote for the referendum.

Jerry Jagrowski, Chairman of Suntree/Viera Park Committee, advised they have had tremendous growth in the Suntree and Palm Bay areas, far outstripping everything they can provide with parks; parks are way behind and facilities are not available; the Parks budget is somewhat strained; and they have a hard time keeping up with what they have now let alone developing new parks or improving existing parks. He stated the County has to do something soon; and this referendum gives them a chance to provide for the needs of the communities. He stated he detests taxes; however, in this case, it would be taxes well spent; the bond issue would permit facilities to be built in a rapid manner; and with the $45 million, they would be able to put in new facilities, and develop current parks, boating facilities, and Little League facilities. He stated the cost of the bond for a person with a $125,000 home would be about $40 a year, which is worth it to the people of the County; he strongly supports the referendum; and requested the Board's support.

Ted Whitlock, Chairman of Palm Bay Regional Park Citizens Advisory Committee, advised he has been involved in parks and recreation activities for many years and is well aware of the needs of the South Service Sector. He stated everybody agrees the needs outstrip the services the County is able to provide; all the grants for the Regional Park have been exhausted; there is no place to get money; the only alternative is the capital improvement funds, but those funds are almost non-existent; so there is no other funding source to complete development of the park. He stated they waited ten years to get the park developed and it is still not completed; and requested the Board allow the people to vote on the referendum.

Clarence Rowe encouraged the Board to put the referendum on the ballot so citizens have a voice up or down; stated positive things transpired in the north end; there were public hearings and people voiced their concerns; and some people were opposed while others asked for pie in the sky projects. He stated there were certain segments of the community that did not know what was going on; other people were putting the subject matters within the package; and his concern is there be input from the people who live in those communities as to what they want and not from people on committees or staff. He stated other people should not dictate what will go into the community; and he hopes this is done in such a way that people have the opportunity to address the issues. He stated he supports it; it is a positive response and people moving into the community will have some place for their children to go; so it is right, but it should be done in a sensitive way in reference to all the people in the County.

Chenita Jointer, representing the Diamond Square Redevelopment Board, advised the Board is comprised of citizens appointed by the City of Cocoa to represent people who reside in Census Tract 626; Joe Lee Smith Park is in that area; and she supports the referendum and will assure the Board that improvements done to Joe Lee Smith Park will be done in agreement with what the citizens want in that community. She stated the Redevelopment Board has worked extensively with the citizens in Census Tract 626 to develop a plan; in that plan are improvements to the Park; and she discussed it with Mr. Nelson and was assured those plans will be in support of what the citizens have requested.

Nancy Wingo advised Rockledge is in need of parks and recreation for the youth; Rockledge Park would be a great benefit; she worked extensively with the Friends of Taylor Park; and Taylor Park is a wonderful passive park in Rockledge. She stated they worked hard on refurbishment of that park; at times it was hard to raise money; and if the community will get money for the park by the referendum, it would be better than piecemeal development and doing certain sections at certain times. She encouraged the Board to support the referendum.

Marc Dick, representing the City of Cocoa as a member of the Community Development staff, and representing the Acting City Manager who had a previous obligation, requested the Board support the referendum which will be good for the City and District 4. He stated the various projects included in the referendum and located in Cocoa will do good things for the community as well as for residents outside of the City who will use the parks. He stated as Chairman of The Friends of Taylor Park this year, he has worked to get the whole thing going and is interested in including the park in the referendum; and as a citizen of Rockledge he is for active and passive recreation in the City. He stated they need a blending of both activities and not isolation of them; at some point in the future, reliance on the automobile to get to various activities will be a hindrance; so they need diversity of recreation in diverse places which does not mean all active fields in one spot and all passive parks in another area, but a mixture throughout the community. He noted that should be considered for all communities in the County, not only Rockledge.

Chairman Higgs expressed appreciation to the speakers; stated they represent a diverse group; and requested Mr. Nelson clarify the issues. Mr. Nelson advised the public process has just started; as this issue evolves, staff will be providing information to the public if the Board chooses to proceed; and they will involve the public as Mr. Rowe indicated he desires.

Commissioner Scarborough advised there are four separate referendums to be put on the ballot for four separate areas; there will be some areas of the County that will not be voting on this issue; and each area has been developed separately. He stated North area had $30 million in projects that was reduced to $15 million through input from groups, staff, and the Advisory Board; so it is incumbent on the County to continue to provide the information. He stated those people who support it need to know it has not passed until the people vote on it; and it could pass in certain areas and not in others, so it is not automatic. He advised of the success in Port St. John which moved the community from a GDC development to its own identity with the finest park facilities in the County when the people decided five years ago to put it on the ballot. Commissioner Carlson advised of a letter from Rockledge Little League supporting the measure.

Commissioner O'Brien advised of a letter from Tropical Park Civic Organization; and stated the members of Tropical Park discussed proposed improvements for Merritt Island parks; at that time they were disappointed that there were no plans for improvements at Woody Simpson Park; that is the only park that predominantly serves African-Americans on Merritt Island; but staff has accommodated some of the things they want such as computer classes. Mr. Nelson advised they wanted bleachers for the athletic fields, resurfacing of the tennis courts, and lighting of the courts which have been incorporated into the referendum. Commissioner O'Brien advised Merritt Island is also looking to develop a sports complex on North Merritt Island with two senior baseball fields, two major softball fields, six soccer fields, and other amenities; a lot of people want passive parks; and Brevard County has spent over $50 million to purchase natural areas, preserve wetlands and aquatic features, and create huge passive areas including the Cruickshank Preservation in Rockledge which will have its own nature center and trails. He stated the need for soccer fields is great; seven years ago about 800 children were playing soccer; and last year close to 5,500 tried to sign up and had no fields so they could not do it. He stated the demand is there especially for children; those children who are active in sports are not the same children hanging around the corner, buying and selling drugs or creating other problems; so baseball, tennis, basketball, soccer, and playground facilities, etc. are very important to all the communities in the County. Commissioner O'Brien described the problems with lack of facilities requiring his son to be out past his bedtime and not getting his homework done; stated it is not only for children but adults as well; the fields at Kelly West are used seven days a week; and the children are being denied the privilege that a good community should offer its citizens. He stated he supports placing the referendum on the ballot to give people a chance to say yes or no if they want to pay higher taxes for recreational facilities that will benefit the entire community. He stated if communities like Merritt Island or Rockledge are going to say no, that is up to them, but he supports it; and implored every soccer mom, Little League mom, and football mom to buy signs that say vote yes for the referendum.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize staff to proceed with the Parks and Recreation referendums.

Commissioner Voltz advised West Melbourne turned away hundreds of children from football two weeks ago because they do not have places to play; this item will benefit the residents; so she will support the referendum. She stated the Board discussed an off-road vehicle park numerous times; there is nothing in the referendum for land to develop an off-road vehicle park; and that is part of recreation that has not been addressed. Mr. Nelson advised it was not addressed by three of the areas, but the North area had a possible location; however it was deleted. He stated the usage would be broader than any one of the areas; and that is probably why the North area decided not to include it. He stated it is an issue that may be more Countywide than just an area; and it would be difficult to put it in one area and have them pay for it when people from other parts of the County would use it. Commissioner Voltz stated that issue needs to be addressed whether in the referendum or not; there is a tremendous need for it in the County; and if the Board does not address it, they will continue to ride on the sides of roads and private property and destroy them.

Commissioner Scarborough stated the motion is not to approve the referendums because Mr. Knox needs to bring back the language; so this is to go to the next step; with Commissioner O'Brien responding that is his motion.

Commissioner Carlson stated she supports the initiatives and echoes the long overdue stance people talked about; and advised of her experience on the Parks and Recreation Board in 1989 with projects that never materialized, the struggles of the Parks and Recreation Department, and the pressures on parks. She thanked staff for the outreach effort, trying to embrace the community, and getting all parties involved.

Chairman Higgs advised staff did a wonderful job balancing the different interests in the community; people are here from almost every sport and area of recreation talking about their needs; and hopefully everyone will have access to one of the facilities that may be built, whether it is a boat ramp, soccer field, senior center, or swimming pool. She stated there are a lot of things that will benefit the County, and there should be efforts to explain to the people that everyone can benefit directly and indirectly from a more quality community.

Commissioner Carlson advised the County has purchased a lot of land for passive recreation; Ms. Mosher mentioned there is a lot of property needed to connect; that is crucial and the community park in Rockledge will do that because it is in close proximity to the Cruickshank property. Commissioner Voltz stated when the community rather than the Board supports an issue, that is when it has a good chance of passing; and she appreciates all the work that has been done throughout the County because the needs are the same in all areas. Commissioner Higgs advised there is a tremendous ability to put in place facilities that will make Brevard County a first class community; and if the opportunity is not seized now, it will end up like many parts in Florida where growth is not served by services and facilities the community wants. She suggested taking the opportunity to explain to voters what will be before them and hopefully get a positive response at the General Election.

Mr. Jenkins advised the motion was to approve the resolutions; and inquired if the Board wants those to come back; with Mr. Knox responding no resolutions were before the Board today, so it would probably want to review them. Commissioner Scarborough stated he would hate to have something pass and find a flaw in it later, so he would like to review it.

Chairman Higgs advised the resolutions will come back to the Board; and the motion is to direct the County Attorney to go forward. She called for a vote on the motion. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE INCREASING FILINGFEES TO FUND TEEN COURT PROGRAM

Commissioner Voltz advised there is a statement in the Agenda Report that says an assessment of $3.00 would provide a minimum of $200,000 a year for the teen court program, with range estimated between $200,000 and $260,000; there is a $3.00 surcharge on court fees for the Juvenile Assessment Center which raises about $25,000; and inquired where the $200,000 figure came from.

County Manager Tom Jenkins advised the number came from the Budget Office; this item is requesting permission to advertise a public hearing; and he will get clarification of the figure to the Board before or at the public hearing.

Commissioner Voltz stated they are collecting a $3.00 fee for the Juvenile Assessment Center on all cases, and only getting $25,000; so she does not want anyone to get the idea they will be able to collect $260,000 for the teen court program when they may not.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing to consider an ordinance increasing filing fees to fund the Teen Court Program. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 7:42 p.m.

ATTEST:

NANCY HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
(S E A L)