The Board of County Commissioners of Brevard County, Florida, met in regular session on March 14, 2000, 1999, at 9:06 a.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 Reverend Gregory Miranda, Good Shepherd Methodist Church, St. Cloud, Florida.

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

PRESENTATION, RE: CITY OF MELBOURNE PIPE AND DRUM GROUP AND MARK PENCE

Commissioner O'Brien stated there will be a special presentation in honor of St. Patrick's Day which is March 17, 2000; and introduced bagpipers Dave Spurlock and Larry Barr of the City of Melbourne Pipe and Drum Group.

Commissioner O'Brien read aloud a resolution proclaiming March 17, 2000 as Everyone is Irish Day.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution proclaiming March 17, 2000 as Everyone is Irish Day. Motion carried and ordered unanimously.

Commissioner O'Brien presented the Resolution to Mr. Pence. Mark Pence thanked the Commissioners for the Resolution on behalf of thousands of Irish-Americans and those who want to be Irish; and explained the significance of their tartan kilts. Mr. Spurlock and Mr. Barr played the Rakes of Mallow.

Commissioner O'Brien advised a St. Patrick's Day breakfast has been set up in the hall outside the Commission Chambers for visitors and staff; and today is Commissioner Helen Voltz' birthday.

Chairman Higgs stated it is fun to celebrate the diversity of the nation and County and all the wonderful things that have been brought to this country from different parts of the world.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the Minutes of the November 16 and 30, 1999 Regular Meetings, December 2, 1999 Zoning Meeting, and December 14, 1999 Regular Meeting. Motion carried and ordered unanimously.

DISCUSSION, RE: CENSUS

Commissioner Voltz stated she talked to some people from Barefoot Bay whose census information lists them as being in Indian River County. Chairman Higgs stated the zip code in South Brevard comes out of Sebastian, so they have the same area and zip codes, which causes some confusion; however, in checking with the people who are conducting the census, those people in South Brevard who are listed in that zip code will be counted in Brevard County.

ANNOUNCEMENT, RE: CANVASSING BOARD

Commissioner Carlson advised at 10:00 a.m she will be going to the Supervisor of Elections Office to serve on the Canvassing Board; there is a 9:30 a.m. time certain; and she needs to be present for the vote.

RESOLUTION, RE: PROCLAIMING CONFEDERATE HISTORY MONTH

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt a Resolution proclaiming April, 2000 as Confederate History Month in Brevard County. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING DAWN DARLINGTON PRUDENTIAL SPIRIT OF COMMUNITY RECOGNITION DAY

Commissioner Voltz read aloud a resolution proclaiming March 14, 2000 as Dawn Darlington Prudential Spirit of Community Recognition Day in Brevard County, and commending Ms. Darlington as a Distinguished Finalist by the Prudential Spirit of Awards Program.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution commending Dawn Darlington and proclaiming March 14, 2000 as Dawn Darlington Prudential Spirit of Community Recognition Day in Brevard County. Motion carried and ordered unanimously.

Commissioner Voltz presented the Resolution to Ms. Darlington. Dawn Darlington thanked the Board for the Resolution; and wished Commissioner Voltz a happy birthday.

RESOLUTION, RE: PROCLAIMING RED CROSS MONTH

Commissioner Voltz read aloud a resolution proclaiming April, 2000 as Red Cross Month.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution proclaiming March, 2000 as Red Cross Month in Brevard County. Motion carried and ordered unanimously.

Commissioner Voltz presented the Resolution to Mr. Gillis. Andrew Gillis thanked the Board for the Resolution; and commented on community support. He recommended anyone interested in donating time, energy or resources to contact the Red Cross office.

Commissioner O'Brien inquired if someone taking pills for high blood pressure cannot donate blood; with Mr. Gillis responding that is not true, and there are very few reasons why a person would be excluded from donating blood. Mr. Gillis recommended calling 632-0881 to ask specific questions concerning donating blood.

RESOLUTION, RE: MENTAL RETARDATION AWARENESS MONTH

Commissioner Carlson read aloud a resolution proclaiming March, 2000 as Mental Retardation Awareness Month in Brevard County.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to adopt Resolution proclaiming March, 2000 as Mental Retardation Awareness Month in Brevard County. Motion carried and ordered unanimously.

Commissioner Carlson presented the Resolution to Mr. Schweinsberg. John Schweinsberg, Director of ARC Brevard, Inc., thanked the Board for the Resolution; and stated ARC appreciates the support, and hopefully will be opening two more group homes shortly through a grant from the County Commissions. He advised anyone wishing to volunteer or needing assistance can call the office at 690-3464.

Commissioner O'Brien inquired if it is politically incorrect to refer to someone as being retarded; with Mr. Schweinsberg responding not really. Mr. Schweinsberg stated retardation is a type of developmental disability; and there are many different terms.

RESOLUTION, RE: PROCLAIMING LINDA ARNADE PRUDENTIAL SPIRIT OF COMMUNITY RECOGNITION DAY

Commissioner Voltz read aloud a resolution proclaiming March 14, 2000 as Linda Arnade Prudential Spirit of Community Recognition Day in Brevard County, and recognizing Ms. Arnade as the Prudential Spirit of Community Award honoree.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution recognizing Linda Arnade and proclaiming March 14, 2000 as Linda Arnade Prudential Spirit of Community Recognition Day in Brevard County. Motion carried and ordered unanimously.

Commissioner Voltz presented the Resolution to Ms. Arnade. Linda Arnade thanked the Board for the Resolution. Chairman Higgs congratulated Ms. Arnade; and expressed appreciation for what she does for the community.

RESOLUTION, RE: PROCLAIMING APRIL 1, 2000 AS CENSUS DAY AND APRIL 3 THROUGH 7, 2000 AS CENSUS AWARENESS WEEK

Chairman Higgs read aloud a resolution proclaiming April 1, 2000 as Census Day and April 3 through 7, 2000 as Census Awareness Week in Brevard County.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution supporting a complete census count, and proclaiming April 1, 2000 as Census Day and April 3 through 7, 2000 as Census Awareness Week in Brevard County. Motion carried and ordered unanimously.

Commissioner O'Brien stated the census was first created in Ireland, and it became the model for the rest of the world. Commissioner Voltz advised it was biblical. Commissioner Scarborough stated the newspaper reported that it looks like Florida will gain two new Congressmen; Florida has always struggled to get federal funds and representation; and every time the State gets more Congressmen in Washington, it helps to bring dollars back to make lives better. He stated Florida is not getting its share; and it is important that people see the census as an opportunity for Florida to get its fair share. Chairman Higgs stated it is also important in terms of reapportionment of seats at every level of government. Commissioner Scarborough stated even the Commission will have new lines drawn based on the census count. Chairman Higgs stated everyone needs to be counted. Commissioner Voltz stated people need to know there is confidentiality and the information will not be used in any other way other than the census. Commissioner Carlson commented on a presentation at the NaCo meeting on the census.

AMENDMENT TO CONTRACT WITH PROFESSIONAL ENGINEERING CONSULTANT, INC., RE: REDESIGN OF MALABAR ROAD, PHASE II

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Amendment to Contact with Professional Engineering Consultants, Inc. for redesign of Malabar Road Widening Project, Phase II. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE OFF STATE CONTRACT, RE: FLATBED DUMP TRUCK

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve purchasing a GMC 2?-ton flatbed dump truck off State Contract No. 070-700-98-1 for the Public Works Department/Road and Bridge. Motion carried and ordered unanimously.

RESOLUTION AND AMENDMENT TO LEASE AGREEMENT WITH CHILD CARE ASSOCIATION OF BREVARD COUNTY, RE: SPACE AT GIBSON COMMUNITY CENTER

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution and execute Amendment to Lease Agreement with Child Care Association of Brevard County for lease of space at Gibson Community Center, from June 1, 2000 to May 31, 2002. Motion carried and ordered unanimously.

RESOLUTION, EASEMENT AND BILL OF SALE WITH CITY OF COCOA, RE: TRANSFER OF WATERLINE AND CONVEYANCE OF INGRESS/EGRESS FOR FAY LAKE WILDERNESS PARK

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution and execute Waterline and Ingress/Egress Easement and Bill of Sale with the City of Cocoa for the transfer and maintenance of waterline for Fay Lake Wilderness Park. Motion carried and ordered unanimously.

RESOLUTION AND GRANT APPLICATION TO FLORIDA INLAND NAVIGATIONAL DISTRICT, RE: CHANNEL MARKER INSTALLATION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution and execute Grant Application to the Florida Inland Navigational District for $58,500 to install channel markers, with matching funds of up to $6,500 provided by the County. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: GRAND ISLE SUBDIVISION, PHASES 1A AND 1B

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant final engineering approval for Grand Isle Subdivision, Phases 1A and 1B, subject to minor engineering changes as applicable, and not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: MURRELL ROAD FOUR LANING

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant final engineering approval for Murrell Road Four Laning, subject to minor engineering changes as applicable, and not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: SAWGRASS AT SUNTREE, PHASE 2

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant final plat approval for Sawgrass at Suntree, Phase 2, subject to minor changes as applicable, receipt of all documents required for recording, and not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

ESCROW AGREEMENT WITH BAYHILL LAND DEVELOPMENT COMPANY AND COLONIAL BANK, RE: IMPROVEMENTS IN BAYHILL SUBDIVISION, PHASE I

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Escrow Agreement with Bayhill Land Development Company and Colonial Bank for improvements in Bayhill Subdivision, Phase 1. Motion carried and ordered unanimously.

CONTRACT WITH PULTE HOME CORPORATION, RE: INFRASTRUCTURE IMPROVEMENTS IN HAMPTON PARK SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Contract with Pulte Home Corporation for infrastructure improvements in Hampton Park Subdivision. Motion carried and ordered unanimously.

NOTICE OF NONCOMPLIANCE WITH IMPACT FEE FINANCING AGREEMENT/LIEN, RE: LORRAINE JOHNSON'S PROPERTY IN WEST CANAVERAL GROVES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Notice of Noncompliance with Impact Fee Financing Agreement/Lien for Lorraine Johnson's property in West Canaveral Groves. Motion carried and ordered unanimously.

NOTICE OF NONCOMPLIANCE WITH IMPACT FEE FINANCING AGREEMENT/LIEN, RE: HARRIET BADGETT'S PROPERTY IN WEST CANAVERAL GROVES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Notice of Noncompliance with Impact Fee Financing Agreement/Lien for Harriet Badgett's property in West Canaveral Groves. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH DAVID GRAVAS, RE: ILLINOIS AVENUE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with David Graves for construction of a road in the existing Illinois Avenue right-of-way. Motion carried and ordered unanimously.

AGREEMENT WITH MUNICIPALITIES, RE: TRANSFER OF ADDRESSING TO COUNTY FOR 9-1-1 SYSTEM

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Interlocal Agreements with the Cities of Titusville, Satellite Beach, Cape Canaveral, Indialantic, Rockledge West Melbourne, and Indian Harbour Beach, and the Towns of Malabar, Palm Shores, and Melbourne Village, giving municipalities the option to transmit addressing responsibilities to Brevard County. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: REVISIONS TO PLANNED UNIT DEVELOPMENT ZONING CLASSIFICATION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to direct staff to prepare an ordinance to amend the Planned Unit Development (PUD) zoning classification to increase its use by developers. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING ZONING CODE TO ESTABLISH SETBACK REQUIREMENTS FOR POOL DECKS AND PATIO SLABS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to advertise public hearing to consider an ordinance amending the Zoning Code to establish setback requirements for pool decks and patio slabs. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: ORDINANCE CREATING INCENTIVES FOR PRESERVING OPEN SPACE AND GREENWAYS IN SUBDIVISIONS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to direct staff to prepare an ordinance to create incentives for preserving open space and greenways in single-family zoning classifications. Motion carried and ordered unanimously.

ACCEPTANCE OF GRANT AND APPROVAL OF TEMPORARY LOAN, RE: FLORIDA BICYCLE-RELATED BRAIN INJURY PREVENTION PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to accept the Florida Bicycle-related Brain Injury Prevention Program grant; and authorize a temporary loan from the General Fund not to exceed $9,350. Motion carried and ordered unanimously.

ACCEPTANCE OF OFFER FROM ASTROTECH SPACE OPERATIONS, INC., RE: FENCING AND CLEAN-UP OF AREAS IN SPACEPORT COMMERCE PARK

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to accept donation by Astrotech Space Operations, Inc. to fence and clean up select areas in Spaceport Commerce Park. Motion carried and ordered unanimously.

APPROVAL, RE: UPDATED DOMESTIC TRAVEL PER DIEM RATES FOR TOURIST DEVELOPMENT COUNCIL

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the updated domestic travel metro market per diem rates, effective January 31, 2000 for approved travel, and authorize subsequent year adjustments based on the Consumer Price Index (CPI). Motion carried and ordered unanimously.

AMENDMENT #2 TO MANAGEMENT LEASE AGREEMENT #4177 WITH STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, RE: AMERICAN EQUITIES AND RUSNAK PROPERTIES IN THE MARITIME HAMMOCK CARL PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Amendment #2 to Management Lease Agreement #4177 with State of Florida Board of Trustees of the Internal Improvement Trust Fund adding the American Equities and Rusnak properties within Maritime Hammock CARL Project for management under Lease #4177. Motion carried and ordered unanimously.

AUTHORIZATION TO SUBMIT GRANT PROPOSAL TO NATIONAL FISH AND WILDLIFE FOUNDATION FIVE STAR CHALLENGE, RE: EEL SOUTH BEACH MANAGEMENT AREA RESTORATION PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize staff to submit a proposal for matching funds to the National Fish and Wildlife Foundation Five-Star Restoration Challenge Grant program for the EEL South Beach Management Area Restoration Project; and authorize the Parks and Recreation Director to execute the grant documents. Motion carried and ordered unanimously.

APPOINTMENT, RE: COUNTY PUBLIC GOLF ADVISORY BOARD

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to appoint Annamae Dawson as at-large member on the Public Golf Advisory Board, replacing Sandra Y. Smith with term expiring December 31, 2001. Motion carried and ordered unanimously.

RENEWAL AGREEMENT WITH ADVANCED DATA PROCESSING, INC., RE: EMS AMBULANCE BILLING SERVICE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Renewal Agreement with Advanced Data Processing, Inc. for Emergency Medical Service (EMS) ambulance billing service, extending the Agreement for one year to April 30, 2001. Motion carried and ordered unanimously.

RENEWAL AGREEMENT WITH SPACE COAST EMERGENCY MEDICAL SERVICES (JOHN R. MCPHERSON, M.D.), RE: MEDICAL DIRECTION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Renewal Agreement with Space Coast Emergency Medical Services, P.A. (John R. McPherson, M.D.P.A., President) for medical direction, extending term for one year effective October 1, 2000 through September 30, 2001. Motion carried and ordered unanimously.

RESOLUTION, RE: REQUESTING THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND TO ESTABLISH THE EROSION CONTROL LINE SOUTH OF FEDERAL HARBOR INLET AT PORT CANAVERAL

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution requesting the Board of Trustees of the Internal Improvement Trust Fund establish an erosion control line along 9.4 miles of shoreline starting immediately south of the Federal Harbor Inlet at Port Canaveral. Motion carried and ordered unanimously.

TASK ORDER NO. 97-15 WITH GLACE & RADCLIFFE, INC., RE: ENGINEERING SERVICES FOR MELBOURNE CLASS III RECYCLING AND DISPOSAL FACILITY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Task Order No. 97-15 with Glace & Radcliffe, Inc. for engineering services and appraisals regarding potential purchase of the Melbourne Class III Recycling and Disposal Facility. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1, FINAL PAYMENT, AND RELEASE OF RETAINAGE TO CAPE CANAVERAL MARINE SERVICES, RE: CONSTRUCTION OF CDF FUEL STORAGE AND PUMPING ISLAND

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Change Order No. 1 to Agreement with Cape Canaveral Marine Services, Inc. for construction of CDF Fuel Storage and Pumping Island project, increasing Contract amount by $8,919.75 to install one additional fuel sentry adjacent to gasoline pump; and approve final payment and release of retainage to the Company in the amount of $52,987.62. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID AND EXECUTE CONTRACT, RE: SECURITY SERVICES AT SOLID WASTE MANAGEMENT DISPOSAL FACILITIES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to bid and award bid to qualified low bidder for security services at the Solid Waste Management Disposal Facilities; and authorize the Chairman to execute Contract with the successful bidder. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID AND EXECUTE CONTRACT, RE: RELOCATION OF CENTRAL DISPOSAL FACILITY OPERATION'S DIVISION OFFICES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to bid and award bid to qualified low bidder for relocation of Central Disposal Facility Operations Division Offices; and authorize the Chairman to execute the Contract with successful bidder. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: PURCHASE OF COVER MATERIAL FOR SOLID WASTE MANAGEMENT FACILITIES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to bid and award bid to qualified low bidder to purchase cover material (common fill) for use at the Solid Waste Management Facilities. Motion carried and ordered unanimously.

WAIVER OF BIDDING REQUIREMENTS, AND AWARD OF FORMAL QUOTATION, RE: QUOTE #1-4-0-02, GENERATOR FOR LIFT STATION B-7

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to waive formal bidding requirements and award Quote #Q-4-0-02, Generator for Lift Station B-7, to Ringhaver Equipment of Palm Bay, Florida for $39,490. Motion carried and ordered unanimously.

APPROVAL TO SUBMIT LOCAL LAW ENFORCEMENT BLOCK GRANT APPLICATION, RE: JUVENILE JUSTICE PLANNING

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize submission of a grant application for a Local Law Enforcement Block Grant of $50,000 for implementation of Phase II of the Juvenile Justice Comprehensive Planning Process; and authorize the Chairman to execute appropriate grant application documents and standard follow-up grant agreements, contingent upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: HOUSING FINANCE AUTHORITY'S FINANCIAL STATEMENTS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge receipt of the Housing Finance Authority's Financial Statements for the period beginning October 1, 1998 and ending September 30, 1999. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to appoint/reappoint Mike Kingery to the Parks and Recreation Department South Service Sector Advisory Board with term expiring December 31, 2000, Sandee Natowich to the Merritt Island Redevelopment Agency with term expiring November 16, 2003, and Jim Cundiff to the Contractors Licensing 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 Carlson, to approve Bills and Budget Changes as recommended. Motion carried and ordered unanimously.

DISCUSSION, RE: CHARTER AMENDMENT REFERENDUM

Maureen Rupe stated the MSTU amendment is already covered in State law; ballot language saying it will be a non-binding straw ballot is just a way of getting around it; and asking people to vote on issues that are known to be inconsistent with State law is ludicrous. She stated the Board is being set up; and it would not surprise her if the next petition was to recall the Board for stupidity for passing the amendments. She stated it says the proposal is consistent with existing General Law and prior Board precedent for the Port St. John Recreation District MSTU; but that was not a non-binding straw ballot; and the second referendum on the overage was the non-binding straw ballot. She submitted paperwork to County Attorney Scott Knox. She read aloud the ballot summary for the bond issue referendum; and inquired if the Board believes that the language meets the legal requirement enough to send the referendum to ballot. She noted the Supreme Court has upheld that a ballot summary is defective if it omits material facts that are necessary to make the summary accurate and informative; and she would like the summary to tell the people that if the referendum passes and subsequent referendums are held for services needed or mandated, and they are turned down by the electorate, the Board would take it to court to invalidate the people's vote at the people's expense. She stated it does not make sense; it would be setting everyone up for lawsuits and more petitions that could drastically affect the sustainable future of the County; and it would set a dangerous precedent. She stated the 16,000 people who signed the petition did not know the implications; and one of the people who was getting signatures was told to tell people it would lower their taxes. She stated the Board should take the County Attorney's advice and send it back. She commented on the pressures on the Board; and recommended the Commissioners think about doing what is best for Brevard County. She stated if the electorate does not understand and votes Commissioners out at the next election because of this issue, so be it; but at least the Commissioners can know they did the right thing.

Charles Moehle inquired what is the difference between versions A and A1 on the term limits. County Attorney Scott Knox responded version A1 has a specific provision that the term limit does not apply to Commissioners who have served up to the point of the date of adoption of the amendment, and service before the date of adoption would not count. Commissioner Carlson inquired if that is in the ballot summary; with Mr. Knox responding no, it says applies prospectively. Mr. Moehle stated if the referendums are not put on the ballot, the Board is denying the people their constitutional right to petition their government; and the Board has not been acting in a constitutional and responsible manner. He stated it is inappropriate for anyone to say that the people did not know what they were signing; the referendums should be as close as possible to the petitions that were signed by the 16,000 people; and the Commissioners have to assume the people knew what they were doing because as elected officials it is their constitutional duty. He recommended passing the versions of the referendums for term limits, bonding, and MSTU's that are closest to the language of the original petitions. He stated the Board should put them all on the ballot as they were on the petitions; but the Board cannot adhere to the March deadline now, and has succeeded in keeping people away from the ballot box for at least six months. He stated if they need to be challenged, let them be challenged; the people want the opportunity to vote on the referendums; and they should have that opportunity just as they signed on the petitions, or the Board should get new petitions that say they did not know what they were signing and retracting the original petition.

Chairman Higgs stated the wisdom of not going to the primary today with these issues will be proven by the low turnout today; and it is wise to put it on the general election ballot.

Mr. Knox stated the first amendment for consideration is the municipal service taxing unit proposal; he and Mr. Watts felt that particular proposal, as presented by the Home Rule Charter Committee, was unconstitutional; and he prepared an amendment as close in intent as possible while still remaining legal. Chairman Higgs requested Mr. Knox explain why he and Mr. Watts gave that opinion. Mr. Knox advised the MSTU is the instrument that allows the Board to levy taxes in the unincorporated area of the County to provide municipal services; and the law gives the Board the authority to do that without a referendum. He stated the proposal that was presented by the Home Rule Charter Committee has the opposite language in it; consequently the proposal is inconsistent with General Law; under the Florida Constitution, if there is a proposal that is inconsistent with General Law, it is deemed to be unconstitutional; and that is why he and Mr. Watts concluded the proposal was unconstitutional. Chairman Higgs stated one of the issues that Mr. Watts discussed was the ability of the Board to insure that the taxation and the funding for the unincorporated services falls upon those people who are receiving those services; and requested Mr. Knox speak to that issue. Mr. Knox stated municipalities in many cases have their own police departments; the County through the Sheriff's Department provides the same kind of law enforcement services; and if the County were to charge the people in the municipality a tax that was used to fund the Sheriff's budget in the unincorporated area, the County would be charging twice for the same service. He stated the Legislature has allowed the County Commission to charge that tax solely within the unincorporated area so the people benefiting from the Sheriff's Department are those that are paying for the service.

Commissioner Voltz inquired what is the purpose of the non-binding referendum; with Mr. Knox responding under current law, the Board is allowed to call straw ballots on any issue it chooses; and the Board could ask any area that would be affected by an MSTU whether they would approve the imposition of that MSTU, even though it would be a non-binding vote; so the provision tracks the General Law and allows the same kind of procedure, but makes it part of the Charter. He stated it does not change anything that the Board already has the authority to do.

Commissioner Scarborough stated he is disturbed when people want to put limits on how much the Board can increase taxes because the Board has been reducing taxes. He commented on use of the MSTU and MSBU; and stated the fact that in the Charter there would be a requirement in the Charter to have a referendum to determine people's attitudes is not objectionable because the Board is interested in what people think; and he does not see any problem in going out for referendum. Commissioner Voltz inquired if the ambulance service is an MSTU or MSBU; with Chairman Higgs responding it is an assessment. Commissioner Voltz stated it was increased, but is not in the same category.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt a Resolution of the Board of County Commissioners of Brevard County, Florida, calling a referendum on November 7, 2000 on the question of whether Brevard County should amend the Brevard County Home Rule Charter, to authorize a non-binding referendum prior to the creation or enlargement of a municipal service taxing unit; providing for an effective date.

Commissioner O'Brien read aloud the ballot language from the Resolution; and suggested adding "expansion." Mr. Knox advised that is a good point. Chairman Higgs inquired about "authorize"; with Mr. Knox responding that is an indication that the Board has the authority, but does not have to do it; and if it changed to make it mandatory, then it is inconsistent. Commissioner O'Brien inquired what if the Board wanted to be authorized to call for a binding referendum for MSTU's; with Mr. Knox responding that would be the same as the proposal prepared by the Home Rule Charter Committee, and it would be inconsistent with General Law. Commissioner O'Brien inquired if the language prepared by the Home Rule Charter Committee would be illegal; with Mr. Knox advising it would be unconstitutional. Commissioner O'Brien stated the Board has never established an MSTU without having public hearings and talking to the people.

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

Mr. Knox stated the next issue is term limits; he has prepared several different versions for the Board to consider; the original version provided for a prospective application of the term limit proposal; however, there was some ambiguity as to whether it applied to sitting Commissioners; so he prepared version A1 which makes it clear that current Commissioners who have served terms up to this point would not be impacted because that service would not be counted toward the term limit. He stated version B is also prospective, but applies to the County Commissioners and all County officers; and version C is another format which allows voters to vote on the County Commission term limits as well as each individual County officer.

Chairman Higgs inquired if the Board went with version A1 for the term limits for the County Commissioners, and determined that it wanted to allow citizens to consider term limits of the other Charter officers, would it include parts of version C. Mr. Knox responded they could be done separately or together as one resolution. Commissioner Voltz stated she does not want to put them together because that was not the intent. Chairman Higgs stated she agrees; the intended purpose was term limits on County Commissioners; that should stand alone; and if the Board chooses to look at the Charter officers, that should also stand alone.

Commissioner Voltz stated she does not want to include the Charter officers; they will all come out and fight against it; and the main purpose was for the Commissioners. She stated if the people wanted the Charter officers to have term limits, they would have done a petition for that; and recommended going with version A.

Commissioner O'Brien stated the amendment brought before the Board did not include Charter officers; the Charter officers are more administrative than policy creators such as the Board; and he will support A or A1.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt a Resolution of the Board of County Commissioners of Brevard County, Florida, calling a special election on November 7, 2000, on the question of whether Brevard County should amend the Brevard County Home Rule Charter, Article II, Sections 2.4, 2.5 to prospectively provide for term limits on all County Commissioners; providing for an effective date.

Commissioner Voltz inquired if the Board rejected the petition language; with Mr. Knox responding the Board voted to reject the Home Rule Charter Committee version. Commissioner Voltz inquired if Commissioner Carlson put forth an amendment that the Board voted on. Commissioner Carlson stated including Charter officers was just a suggestion; and Mr. Knox provided language.

Commissioner Scarborough stated anyone who does not want the seated Commissioner to remain can vote for another candidate; and the Commissioners are not holding onto their seats through some chicanery. He stated what it does mean is there will be different Commissioners every two terms; and that can be good and bad. Commissioner Voltz stated she does not support term limits for that reason, but supports the people's right to vote on it. Chairman Higgs stated the Board had people come forward in large numbers through petition indicating an interest in this issue; the attorneys found problems between the ballot summary and the language of the amendment; and what the Board is doing is making it clear as to when it goes into effect so the voters will know what they are voting for. She stated it is only fair and right that people know the consequences and that the language be clear enough so that people will know what they are doing. Commissioner Scarborough stated the Board was advised from the beginning by the County Attorney that it had to be put on by the November election; the idea of putting it on an election before then was proposed by some people; but the law did not compel the Board to do anything before November. He noted concern was expressed about voter turnout. Commissioner O'Brien stated the argument he has heard is that the EELs program was passed in a March election with only 23% of the voters voting. Commissioner Scarborough advised it was done in a September election. Commissioner O'Brien stated the people felt that it was improper; now a group is asking that it be put on the March ballot; but if the Charter is to be amended, it should be voted on by the biggest turnout possible. He inquired if there is any law about that; with Mr. Knox responding the only restriction on when to place it on the ballot is in the Charter which says it has to be at the next general election. Commissioner O'Brien stated that is in November of an even year, every two years. Mr. Knox advised it says the Board could call a special election, if it chose to do that. Chairman Higgs stated the Board is complying with the Charter and the intent of the petitioners.

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

Mr. Knox stated the last amendment deals with bond financing and is more complicated because there is a divergence of opinion between the attorneys; he does not think it is constitutional, but Mr. Watts believes it is; and the best way to explain it is to give an example. He stated it requires a referendum before the Board can issue any bonds; a referendum is usually required for any general obligation bonds supported by ad valorem taxes; but the amendment also applies to revenues other than ad valorem taxes. He stated if the County went through a large growth period and needed to expand its sewer treatment plant, requiring expenditure of $50 million to do that, and it wanted to issue revenue bonds supported by the revenues of the sewer system, it would be necessary to have a referendum, if the amendment passes. He stated if the referendum failed, the County would not be able to issue the bonds or expand the system, and there could be problems. Commissioner Voltz stated it would mean a moratorium. Mr. Knox stated that is a possible consequence if the amendment passed; and he does not think it is constitutional because the State law does not require the County to get that referendum approval, and allows the County to issue revenue bonds based on whatever circumstances exist. He stated there are numerous Statutes that allow revenue bonds to be issued under different scenarios; but Mr. Watts did not agree with that. He stated he has kept the bond revenue referendum language that was proposed by the Home Rule Charter Committee intact, and has correct the ballot language to make it clear what people are voting on. He stated he and Mr. Watts agreed that the ballot summary as originally presented was not sufficient to put people on notice of what they were voting on; and he has made an effort to correct that. He stated the issue of whether this is a valid or invalid proposal may be important if it passes; and the Board may have to address that issue in the future. He stated if the sewer example came up, the Board has the option, but not necessarily the responsibility or duty, of validating bonds before issuing them; and explained the process.

Commissioner Scarborough stated Mr. Knox made some changes; and inquired if they were reviewed by Mr. Watts; with Mr. Knox responding Mr. Watts did not see the ballot summary. Commissioner Scarborough inquired what Mr. Watts thinks about going to court to validate; with Mr. Knox responding that does not have to be done in a revenue bond situation, and he does not think Mr. Watts will have any dispute with that. Commissioner Scarborough stated bonds cannot have flaws in them; if there are flaws, there can be a ripple effect; and the Government Center Certificates of Participation and legal issues that occurred subsequently caused the County trouble with its bond rating. Commissioner Voltz stated it was just temporary; with Commissioner Scarborough responding it was a struggle until the Board refinanced the COP's; and as long as the COP's were out there, there was concern in the entire bond market about how they were structured. Mr. Knox advised that is why there are validation proceedings; he was not with the County when the COP's took place, but he assumes they did not go to validation because if they had, it would never have been an issue because the Judge would have said they were okay or not okay. Commissioner Scarborough stated he still has concerns about this issue.

*Commissioner Carlson's absence was noted at this time.

Commissioner O'Brien read aloud from the ballot language in the proposed resolution; and stated it is a little confusing because it does not delineate what kind of money. He inquired if the Board wanted to borrow money to expand Babcock Street, would it have to go to referendum; with Mr. Knox responding if this passes, it would. Commissioner O'Brien inquired would it be a Countywide referendum; with Mr. Knox responding yes. Commissioner O'Brien stated people in Titusville and Cocoa Beach could vote no, while people in Melbourne would say yes. Mr. Knox advised it does not specify in the amendment who gets to vote on anything; and that is one of the problems. Commissioner O'Brien inquired if the judges ordered the County to build another courthouse or add on to the current Courthouse, and it was necessary to bond the money to do it, would it have to go to referendum; with Mr. Knox responding according to the amendment, it would, but he doubts that the judges would recognize that.

Commissioner Scarborough noted Commissioner Carlson had to go to the Canvassing Committee; and suggested recessing until she returns.

The meeting recessed at 10:17 a.m. and reconvened at 10:44 a.m.

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

Commissioner Voltz read aloud the language, "to create a new exception from referendum approval for financing secured by municipal service benefit units and to eliminate indexed ceilings on dollar thresholds established for lease purchases"; and inquired who is going to understand that. Mr. Knox advised that is the effect of what this does. Commissioner Voltz inquired if the language reflects the original intent; with Mr. Knox responding it reflects what was done; and the problem with the original ballot summary was it did not reflect what was actually being accomplished by the amendment, but this language does. Chairman Higgs stated when people vote, they only have the summary; and if the summary does not accurately reflect everything in the proposed amendment, then it can be thrown out.

Commissioner Voltz stated Ms. Rupe may be right about the 16,000 signatures; but the Board cannot speak for them and it would be arrogant of the Board to think that it knew the intent of the people who signed the petition; so the Board has to go on the signatures.

Commissioner O'Brien inquired what things may be bonded that would be more of a local issue; with Mr. Knox responding roads, sewer, and water. Commissioner O'Brien stated if the County had to put a new drainage system in Port St. John, and had to bond money to do it, the people in Melbourne and Palm Bay may vote no because it is not their problem. Chairman Higgs stated a local issue could be accomplished by a local MSBU. Commissioner Voltz stated it would not work for a road project because everyone drives on the road. Commissioner O'Brien inquired how will it affect the MPO; with Chairman Higgs responding it would affect the MPO indirectly. Commissioner Scarborough stated the MSTU is the service such as Parks and Recreation or the Sheriff; MSBU's have been used to do projects such as paving roads, waterlines, etc.; and explained the MSBU process which goes beyond the referendum process. He stated he does not have a problem taking the MSTU in that direction, but it should make sense; and advised of an example concerning parks. He stated his problem is if it is going to work practically or jeopardize a bond issue; and advised of the effect of the COP's on the County's bond rating. Commissioner O'Brien stated the cost to the taxpayer would be much higher if the bond rating is affected. Commissioner Scarborough stated there is no urgency to do this today; the Board needs to ask Tom Holley and the bond counsel questions because there are issues other than constitutionality involved; and it could impact the County's credit rating and the costs to borrow. Commissioner O'Brien stated 16,000 signatures are saying to put it on the ballot; and if the public is educated and understands the problems that may be created, and votes for it, so be it. Commissioner Scarborough stated if the Board can put this on the ballot, he has no problem with it; but it needs to be done in a manner that does not harm the County legally or in its capacity to do bonds. Commissioner O'Brien stated the Board has to rethink its position if the public approves it, and decide how government is going to operate from that point on. Commissioner Voltz stated when the Sheriff's referendum was on the ballot, she got flooded with phone calls, emails, and letters asking why everything was being put on the ballot, and why the Board was not making the decisions. She stated the Board could not make the decision, in that case, because it was greater than 3%; but 16,000 people have signed the petition, and it needs to go on the ballot. She stated the Board's job is to make sure that people understand it; and if they do understand it, then it will be turned down. She inquired what will the reaction of Wall Street and the bond market be if it is put on the ballot. Commissioner O'Brien responded it will not create any reaction until it is rejected or accepted; with Commissioner Voltz stating she has been advised it will have an effect on the County's ratings. Commissioner O'Brien stated now that the wording and legality are straightened out, it is incumbent upon the Board to put it on the ballot; and if there is a chilling effect on the County's ability to bond further money or reduce its debt, that is because 16,000 people of Brevard County have said they want this on the ballot. Commissioner Scarborough stated what the Board is trying to do is put on the ballot what the 16,000 people said; but the Board needs to know if it cannot assure itself that something negative is not going to occur as part of the process. He stated the Board has Tom Holley and bond counsel on contract; and it should have a memorandum from them before the Board votes. Commissioner Voltz stated the Board got information from them a while ago on all of this. Chairman Higgs stated some of the less determinable consequences will be things like the reaction of the bond market to putting this on the ballot; and commented on the experience of putting the Government Center issue and the bonding on the ballot. Commissioner Voltz stated significant money was spent by the bond market to insure that did not pass. Chairman Higgs stated there will be a reaction; this is not totally a Brevard County issue; the bond markets react to these kinds of issues; there will be discussion about it; and the Board cannot guarantee that there will not be some consequences of putting it on the ballot; but the Board has an obligation to put it on the ballot.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution with referendum language for the bond financing as is.

Commissioner Scarborough stated he will vote against the motion; the Board is not compelled to make a decision at this moment; and it has until November, 2000. Commissioner Voltz stated the Board can get more information. Commissioner Scarborough commented on the need to talk with Tom Holley and the Sunshine Law; and stated he is not prepared to put any specific language on until he has Mr. Holley present to be a part of the decision. Commissioner O'Brien stated the Board has the opportunity to recall the vote. Commissioner Scarborough stated the Board will have made a decision in not asking Mr. Holley to come; and if it is deferred to ask Mr. Holley to come to the Board, then it will guarantee an opportunity to ask questions. Commissioner Voltz stated the Board got information from Mr. Holley in the form of a memorandum as to what this will cause; and suggested having Mr. Holley present at the next meeting to answer questions. Commissioner O'Brien stated if Mr. Holley advises that the County's bond rating will be lower and the cost to borrow money will be increased if the referendum is placed on the ballot, he would not withhold the item from the ballot based on that because the people want this on the ballot. Commissioner Voltz stated the people need to know what will happen. Commissioner Scarborough commented on different ways to do things with less negative impact on the borrowing market. Commissioner O'Brien stated he is willing to listen to that; and recommended Mr. Holley come to a meeting soon.

Commissioner O'Brien withdrew the second to the motion.

Commissioner O'Brien stated Mr. Holley may have some other language that could be included after it is reviewed by the legal staff.

Commissioner Carlson inquired when the referendums were sent back, did staff not confer with Tom Holley; with Mr. Knox responding a request was sent out for his comments on the issue, and he responded in writing. Mr. Knox noted Mr. Holley did not address specific questions which the Board raised today; and that is what the Board needs to talk to him about. Commissioner O'Brien stated questions have been raised, and the Board should have Mr. Holley present; and if the Board decides that the referendum language must be tweaked to make it palatable, that is what it will have to do.

Chairman Higgs stated the intent is to delay this until next week to get Mr. Holley to attend the meeting; and requested staff call to see if Mr. Holley is available. Chairman Higgs stated by the end of the meeting, the Board will know when this will be heard again.

Commissioner O'Brien suggested Chairman Higgs explain who Mr. Holley is; with Chairman Higgs responding Mr. Holley is a financial advisor who advises the Board on bonding issues.

B. B. Nelson stated at a previous meeting there was a discussion about a procedure for handling petitions; the federal Constitution and Charter give the people the right to petition the government, and it must be put on the ballot; the Board has delayed this for nine months; and requested the Board establish a procedure to review petition wording before the people go out to get signatures. He stated he tried to submit a procedure to the County Attorney, but he refused to help; it is up to the Board to prepare a method of reviewing petition verbiage; and the people do not want to wait nine months for a response. He stated it is a reasonable request; when this was discussed previously, the Board agreed with him; and inquired what can the public expect from the Board as far as a procedure to review petition verbiage.

Commissioner Voltz stated Mr. Nelson is right; the Board did talk about that, but it never directed the County Attorney to do anything; and the County Attorney cannot work with Mr. Nelson unless he is directed by the Board. Mr. Nelson inquired if even though the County Attorney works for the public, he cannot work for him; with Commissioner Voltz responding the County Attorney works for the Board. Commissioner Voltz stated the Board needs to do something so this will not happen again; and inquired if this is the first time the Charter had a petition come before it; with Mr. Nelson responding no. Mr. Nelson inquired again when can they expect action by the Board on a procedure. Commissioner Scarborough stated there is no procedure; if someone has a petition, he or she could come before the Board to request it be reviewed; and the Board could direct the County Attorney to review it. Chairman Higgs inquired if that needs to be put before the people to amend the Charter to include that; stated that is the way the Florida Constitution does it; and the Board could offer that amendment for the November election. She suggested taking Commissioner Scarborough's suggestion that petitions first come before the Board to be referred to appropriate staff for review or some other mechanism; and stated the difficulty in the Board seeing it and sending it to the County Attorney is that it takes a flavor that the Board might control that. She stated it seems logical, but others might allege that the Board is giving itself an automatic right for review. Mr. Knox stated in this particular case, the Board sent it to an independent third-party counsel; and that may be an option the Board would want to consider.

Commissioner O'Brien stated the Board can create a policy to handle this; and he does not want the Board putting amendments into the Charter. Chairman Higgs stated it is an appropriate amendment that needs to be included to clarify the procedures; and it needs to be in the Charter rather than being the Board's theory of how it should work.

Commissioner Scarborough stated the Board discussed how it would work at the State level with a court review after a certain number of signatures are collected; it does not work that way with the County because the Board cannot compel the court to review it; and what the Board will be doing is using County money to hire an independent person to review. He inquired what if someone came in with 100 different issues; and stated the State requires a certain number of signatures because they do not want to expend the money and time until there is a certain level of interest. Chairman Higgs stated there are charters throughout the State that offer different ways for citizens to petition to change their charters; and the Board may be able to do research on how those are done; with Mr. Knox advising that has been done. Mr. Knox stated either Dade or Duval County have a provision that deals with the issue, but all other charters are quiet on the subject. He stated there are different ways it could be addressed; and there could be threshold levels of signatures that trip a review.

Chairman Higgs requested Mr. Knox provide a memorandum with options for the Board's discussion at the same time the Board looks at the amendment coming back with Mr. Holley.

Commissioner Carlson inquired if a political action committee came forward with an item, how would it be looked at from a Board perspective as far as putting out taxpayer dollars for counsel, when the PAC may be interested in passing something controversial, or the Board having the last say. She stated those are repercussions that need to be seriously looked at. Mr. Knox advised the Board went through that this time; the Home Rule Charter Committee is a political committee established under State laws; and that is one of the problems the Board will have to deal with as there is an initiative process which allows anyone to generate an amendment. Commissioner Carlson inquired about the PAC hiring its own attorney and then having some sort of review process where the County Attorney would look at it to make sure it is constitutionally correct. She stated the Board is paying the County Attorney to work for it; and she has a problem considering the implications there; so the Board may want to address that.

Commissioner O'Brien stated that is interesting; the ones that brought the amendments forward are a political action committee; and inquired would every petition brought before the Board be from a PAC. Mr. Knox stated the Statute requires formation of a political committee in order to pursue and issue things such as the amendments. Commissioner O'Brien inquired if every change to the Charter would be a political change by definition; with Chairman Higgs responding it sounds like it. Chairman Higgs stated the Board will find out about the availability of Mr. Holley before the end of the meeting, and then decide how to proceed.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 122, OPERATION OF AIRBOATS ON LAKE POINSETT

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 122, Operation of Airboats on Lake Poinsett.

Norman Rice commented on the noise created by airboats; advised of the history of the problem including adoption of an Ordinance in 1978 setting limits for airboats and the Noise Ordinance in 1993 which made an exception for airboats; and requested relief. He stated the three options are to eliminate airboats completely, which would be unfair; get decibel rating machinery, which the Sheriff's Department is not qualified to do; or to make a modification to the existing Ordinance moving the 250-foot zone to 1,000 feet. He recommended airboats not be allowed at night, and markers be put up.

David Houser advised he is an airboat owner who lives on Lake Poinsett; and commented on the use of airboats, available areas for airboat operation, Lake Poinsett being a recreational area, and petition supporting existing Ordinance with no further restrictions. He stated signs have been posted since 1978 when the first Ordinance was adopted; nighttime launching or unloading was prohibited within the 200-foot area; and the proposed ordinance states "operate" which completely eliminates nighttime use, when airboats were intended to be used. He commented on the proposed ordinance being too restrictive and zoning of waterfront properties.

Louis Bell, representing Panther Airboat Corporation, advised he has approximately 30 employees, and does $7 million to $8 million a year in sales worldwide; and he has a GSA Contract, selling to all federal and County agencies. He stated they are working to bring the noise level down on airboats; he owns property at Lake Poinsett; Poinsett Lodge caters to sportsmen, hunters and fishermen; and the problem is lack of enforcement of the existing Ordinance.

E. O. Clifton stated he submitted a petition to the Board approximately a month ago, and is against any new ordinances regulating airboats.

Ken Golden stated he is a resident on Lake Poinsett; advised he has not seen a problem with noise from airboats in approximately 20 years; and the boats he sees come by at idle speed.

Frank Hamm stated he has been a property owner in the Lake Poinsett area for 15 years; he lived there for 10 years, moved to Merritt Island, and moved back last June; and he has not been awakened by an airboat since moving back. He stated he is in favor of the existing restrictions, but no more.

Steve Houser stated the airboat problem is an enforcement issue; there was a recommendation that the fine go from $35 to $100; and he has no problem with that.

Bishop Jordan commented on the impact of the limitation of airboats in the Lake Poinsett area on the political environment, economy, and the people who enjoy nighttime airboating. He advised of noise created by garbage trucks and bass boats; and commented on the discrimination. He stated the answer is enforcement; and inquired how many tickets have been written in the last 20 years for airboats operating in violation of the existing Ordinances.

Commissioner O'Brien requested staff comment. Sheriff's Deputy Curtis Dorman stated he could not say how many tickets were written in the last 20 years, but it is not many; they go to that area in response to a complaint; and explained the procedure. He stated it is difficult to find someone violating the Ordinance.

Commissioner Carlson stated Dr. Rice brought this issue to her last year; she talked to the deputy on a couple of occasions; and inquired if the canal north of his fishing lodge is part of the issue, and he is trying to get them to exit away from that northern side. Deputy Dorman responded he would assume so, because an airboat in the general vicinity of his house is where the main complaint would be. Commissioner Carlson inquired if staff has looked at that canal to see if there is a way to make sure the traffic goes further away from the lodge; with Assistant County Manager Peggy Busacca responding she and Mr. Peffer agree that the waters are probably waters of the State; and anything physical that would be done to the canal would require significant permitting and may not even be permittable. Ms. Busacca stated if there was a bridge in that vicinity, it may be possible to put something that would come down off of the bridge that would allow smaller boats like canoes to go through while keeping larger boats from going through. She advised she does not know what the permitting requirements would be, but can investigate; with Commissioner Carlson requesting staff look at that issue. Commissioner Carlson stated the Board recently upgraded the Noise Ordinance through the performance based zoning issues; and inquired if it is better now than it was previously, and does it include all vessels. Ms. Busacca responded the noise standards in the Zoning Ordinance relate to commercial and industrial uses and would not have an impact on vessels or vehicles; and suggested the County Attorney address the Noise Ordinance. County Attorney Scott Knox stated currently the Noise Ordinance has an exemption for the operation of watercraft which includes airboats. Commissioner Carlson stated there have not been that many complaints although she understands Dr. Rice has been complaining for many years about airboat noise; and inquired what is the solution to reducing any problems with the 250-foot deterrent. She stated there are no signs out there right now, because every time signs are put there, they are taken away. Deputy Dorman responded he does not have a solution; but the Coast Guard regulates noise on boats.

Commissioner O'Brien stated there is a feeling there is a lack of enforcement; and inquired how many boats does the Sheriff's Department own at this time; with Deputy Dorman responding three 21-foot Makos that are primarily used in the Indian River, a 17-foot Boston Whaler which is used in fresh and salt water, and three airboats that are used exclusively on the St. Johns River. Commissioner O'Brien inquired how many officers man those vessels; with Deputy Dorman responding five paid positions and three reserves. Commissioner O'Brien inquired how many of the five paid positions are administrators; with Deputy Dorman responding clarified one is a Sergeant who does administrative work, but he also patrols. Commissioner O'Brien inquired if reservists are paid; with Deputy Dorman responding they are volunteers, and one has been with the Sheriff's Office for almost 20 years. Commissioner O'Brien inquired if they are trained to the same level as a uniformed officer; with Deputy Dorman responding two of them are part-time deputies whose training and certification is identical to the paid employees, and one is an auxiliary who is required to work with another deputy. Commissioner O'Brien inquired what are the other responsibilities of the Ag-Marine Unit; with Deputy Dorman outlining their other responsibilities including enforcement on agricultural lands, patrolling the St. Johns River and all the lakes, and patrolling the Intra-coastal Waterway and offshore. Commissioner O'Brien inquired what they do off-shore; with Deputy Dorman responding they interdict boats coming in from the islands with the Coast Guard, Customs, and Marine Patrol. Commissioner O'Brien inquired if money is received, does the Sheriff get a share of that money; with Deputy Dorman responding one would hope so. Commissioner O'Brien stated enforcement is available; and inquired about night enforcement. Deputy Dorman advised it varies according to the complaints; and they try to cover the hours when the violations are occurring. Commissioner O'Brien inquired where should people call if they want to complain; with Deputy Dorman responding 633-7130. Commissioner O'Brien inquired how could someone call on a Sunday afternoon; with Deputy Dorman responding through 9-1-1, or through non-emergency phone numbers; and explained the procedure for responding to complaints, and how to contact ag/marine deputies. Commissioner O'Brien stated the airboaters want more enforcement; the Sheriff's Department has officers who do that; but the establishment of the 250-foot distance is part of the problem, and also education of boaters who come in from other places; and recommended heavier signage.

Commissioner Carlson suggested looking at the Ordinance because there are some specific changes that may be made. Commissioner O'Brien noted most speakers today did not want to change the Ordinance. Commissioner Carlson stated there are some points of clarification; there was concern about operation at night; the definition of "vessel" covers all vessels; the real concern is airboat noise; and there was concern about not including airboats. Chairman Higgs stated she is confused because the language she has adds airboats, but it is not underlined; and inquired if that has been there; with Commissioner O'Brien responding it has been there. Commissioner Carlson stated it does not include airboats as vessels under Section 1; and airboats are talked about in Section 2, under operation of airboats in a restricted area on Lake Poinsett; and suggested the definition of "vessel" be changed as it applies to Section 1(b). She stated there was a suggestion to increase the $35 fine to $100; and inquired if that would help in terms of enforcement. Deputy Dorman responded he is not sure it would change anything because he does not see a lot of repeat offenders. Commissioner O'Brien stated he can see doing that, but he is not sure he wants to change 250 feet to 1,000 feet. Commissioner Carlson stated she questions that because some of the information she has been getting in indicates that if an airboat is being operated at 3:00 a.m., the noise travels for miles, so she is not sure changing the distance will be effective; and enforcement would be more effective. She stated the canal is a concern, and staff should look into changing where people go out with their airboats so it is not so close to the lodge. Commissioner O'Brien stated duck hunters go out an hour before sunrise; and the ordinance should address that. Commissioner Carlson stated on page 3, where it says prohibited acts, if the words "and operate" are included, it would be too restrictive. Commissioner Carlson stated enforcement is the key issue, and recommended increasing the fine and improving the signage.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt an Ordinance of Brevard County, Florida amending Chapter 122, Article II, Code of Ordinances of Brevard County, Florida relating to idle speed zones; amending use of vessels in residential areas and operation of airboats in restricted areas on Lake Poinsett to prohibit certain uses within designated areas; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in Code, amended to increase the fine to $100.

Commissioner O'Brien commented on theft of signage in Lori Wilson Park. Commissioner Carlson stated a lot of the problem is based on outsiders coming in and not knowing the laws. Commissioner O'Brien stated he would like to see more and better signage, but also make sure it is placed in such a manner that it cannot be stolen easily. He noted he also does not want to put obstacles in the water that an airboat may hit.

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

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to direct staff to increase and improve signage, and take steps to insure signage cannot be easily removed.

Commissioner Carlson recommended staff talk to the St. Johns River Water Management District staff to see if they can use their best possible reinforced structures so the signs will stay put, and put signs high enough for people to see them. Commissioner O'Brien recommended staff look into getting money from F.I.N.D. Chairman Higgs stated she does not think the jurisdiction goes to the St. Johns River Water Management District. Commissioner O'Brien inquired about money from DEP. Chairman Higgs requested staff seek funding from appropriate sources.

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

A member of the audience suggested signs be lighted.

PUBLIC HEARING, RE: RESOLUTION VACATING INGRESS/EGRESS AND PUBLIC UTILITY AND DRAINAGE EASEMENTS IN PROPOSED PORT ST. JOHN CENTER SUBDIVISION PLAT - MELVYN R. YUSEM

Chairman Higgs called for the public hearing to consider a resolution vacating ingress/egress and public utility and drainage easement in proposed Port St. John Center subdivision plat as petitioned by Melvyn R. Yusem.

Assistant Public Works Director Ed Washburn recommended the item be continued to April 4, 2000.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to continue consideration of resolution vacating ingress/egress and public utility and drainage easements in proposed Port St. John Center Subdivision Plat as petitioned by Melvyn R. Yusem to April 4, 2000. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN EMBASSY ARMS COURT - CHRISTOPHER AND ANGELA WELLMAN AND STEVEN PODNOS

Chairman Higgs called for the public hearing to consider a resolution vacating right-of-way in Embassy Arms Court as petitioned by Christopher and Angela Wellman and Steven Podnos.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution vacating right-of-way in Embassy Arms Court as petitioned by Christopher and Angela Wellman and Steven Podnos.

Commissioner Voltz inquired if the objection from FP&L was taken care of; with Assistant Public Works Director Ed Washburn responding yes.

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

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENTS IN SOUTH BANYAN ISLES - THOMAS R. AND JEWELL M. LEWIS

Chairman Higgs called for the public hearing to consider a resolution vacating public utility and drainage easements in South Banyan Isles as petitioned by Thomas R. And Jewell M. Lewis.

Chairman Higgs inquired about the setback violations; with Assistant Public Works Director Ed Washburn responding there is a shed that needs to be 15 feet from the side property line, but that is not related to the vacating.

Commissioner O'Brien stated there have been no other vacatings in this subdivision; this would be the first one; and it would set precedent in that area.

Commissioner Voltz stated if they want to put up a wall for security, it should not be a permanent structure. Commissioner O'Brien stated he has a problem with the setback violation as well. Mr. Washburn advised they are located at the northwest corner of the Pineda Causeway and North Tropical Trail; that is where they launch the jet skis; and that is part of why they would like to build a wall. He stated the easements are located on the lot; and staff has no objections to the vacating.

Commissioner O'Brien requested the item be continued so that the other issues can be resolved completely.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to continue the public hearing to consider a resolution vacating public utility and drainage easements in South Banyan Isles as petitioned by Thomas R. And Jewell M. Lewis to March 21, 2000. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN WESTOVER HEIGHTS - CROSSWINDS YOUTH SERVICES, INC.

Chairman Higgs called for the public hearing to consider a resolution vacating rights-of-way in Westover Heights as petitioned by Crosswinds Youth Services, Inc.

Motion by Commissioner O'Brien, to adopt resolution vacating rights-of-way in Westover Heights as petitioned by Crosswinds Youth Services, Inc.

Assistant Public Works Director Ed Washburn stated one letter came in objecting to vacating the 25 feet of Reid and Hickory Streets; it indicated the vacating would do away with the 25-foot buffer, although the person objecting does not abut that particular right-of-way; and the applicant is present if the Board wishes to address him.

Mr. Clevenger advised the person objecting was on the 50-foot radius for notification; he sent a letter offering to discuss the issue with him; and he notified him that the City of Cocoa's requirement, when there is commercial abutting residential, is to build a 6-foot wall all the way down the property line. He stated there will be wall that divides the residential from the commercial property where they will be building the runaway shelter; and the person objecting has been notified of that. He stated on Reid Street, Crosswinds owns the property on both sides, so the vacating just gives a continuous piece of property where the shelter will be located. Commissioner O'Brien inquired if it is a shelter for teens; with Mr. Clevenger responding this is the new location for the runaway shelter. Commissioner O'Brien inquired about the facility on Dixon Boulevard; with Mr. Clevenger responding on the corner of Fiske and Dixon is the facility where they operate the Rainwater Center for Girls and the independent living program; and that is a rental facility.

There being no further comments or objections, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution vacating rights-of-way in Westover Heights as petitioned by Crosswinds Youth Services, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT 1 - DONALD AND MARION NUTE

Chairman Higgs called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 1 as petitioned by Donald and Marion Nute. Chairman Higgs noted no objections were received.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution vacating public utility easement in Barefoot Bay, Unit 1 as petitioned by Donald and Marion Nute. Motion carried and ordered unanimously.

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

Chairman Higgs called for the public hearing to consider resolution vacating public utility and drainage easements in Snug Harbor Lakes Unrecorded Plat as petitioned by Abbott Manufactured Housing, Inc. Chairman Higgs noted there were no objections received.

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

PUBLIC HEARING, RE: RESOLUTION OF LEGAL ACTION IN WILBUR FRYE v. BREVARD COUNTY

Chairman Higgs called for the public hearing to consider resolution of legal action in Wilbur Frye v. Brevard County.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to authorize settlement of all claims in the Wilbur Frye v. Brevard County case for a total of $20,000 including attorney's fees. Motion carried and ordered unanimously.

The meeting recessed for lunch at 11:57 a.m. and reconvened at 1:02 p.m.

*County Attorney Scott Knox's absence was noted at this time.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 2-173, ENFORCEMENT PROCEDURES FOR TREATMENT OF ANONYMOUS COMPLAINTS

Chairman Higgs called for the public hearing to consider an ordinance amending Section 2-173, Enforcement Procedures for Treatment of Anonymous Complaints.

Commissioner Scarborough stated the language suggested by the Assistant County Attorney has been incorporated; and he does not think it is a problem. Chairman Higgs stated the Assistant County Attorney recommended it not be included; with Commissioner Scarborough advising he said if it was included, it should be done in the way he suggested. Chairman Higgs stated by putting it in the ordinance, it potentially encourages people to abuse the system; someone could call in two anonymous complaints against himself, and then not have any enforcement for a year; and she is not sure that is what the Board wants to do. Commissioner O'Brien stated that is only true if the person has no violation. Chairman Higgs stated the individual would call in before he or she violated.

*County Attorney Scott Knox's presence was noted at this time.

Commissioner Scarborough stated knowing they wanted to violate, a person could call himself in twice; Code Enforcement would go out twice; and then the person would violate. Commissioner Voltz stated she brought that up last time. Chairman Higgs suggested, "if after frequent anonymous complaints have been filed and no violations have been identified, the Department Director may limit further investigations after notifying the County Manager or the County Attorney in writing of this action." She stated she knows what the Board is trying to do, but she is afraid the Board is putting itself in a difficult position.

Commissioner O'Brien inquired what is the intent of staff. Code Enforcement Director Bobby Bowen responded staff is following the direction to bring this forward to be codified; and it is a request of a citizen. Mr. Bowen stated staff did a year's study on the anonymous complaints which have increased approximately 10%, so it has not had a major impact. County Manager Tom Jenkins stated Mr. Adamson came before the Board; his concern was that requirements be in the Code in a single location rather than in multiple locations; and this puts it in the regulations. Commissioner O'Brien stated this shifts it from being a policy to the Code.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt an Ordinance amending Chapter 2, Administration, Code of Ordinances of Brevard County, Florida; amending Article VI, Section 2-173 by amending enforcement procedures for Code Enforcement, and include and codify the 1996 Board policy addressing how anonymous complaints shall be addressed; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in the Brevard County Code; and providing an effective date.

Chairman Higgs suggested a statement that says the County will accept and investigate anonymous complaints. Mr. Jenkins stated years ago, Code Enforcement would take anonymous complaints and if the County Manager or staff had a concern that it was part of a neighborhood squabble or retaliation, they had the authority not to investigate it; but they would not do that unless there was a pattern of harassment. Commissioner Scarborough stated it could be a squabble because there is a problem; and if the problem caused the squabble, it is okay; but the problem was complaints that were not justifiable. Mr. Jenkins stated it was left up to management's discretion whether to investigate or not; and it was not done lightly, but had to be an obvious reason. Chairman Higgs stated if it is nailed down so precisely in the Code, someone with a devious mind could use it, and the Board would not be achieving what it is trying to achieve, which is that anonymous complaints would be investigated unless they are proven to be of no substance. Commissioner O'Brien suggested going with what the Board has, and if that occurs, the Board can revisit it. Commissioner Voltz stated in her office, she has gotten a number of anonymous complaints, so there needs to be something in the Code. Commissioner Carlson inquired if there is a way, without putting a number on it, that the Board can have the County Manager or someone make a judgment call on that. Chairman Higgs suggested saying Code Enforcement will accept anonymous complaints, and after frequent anonymous complaints have been filed and no violations have been identified, the Department Director may limit further investigations. Mr. Jenkins recommended it be the County Manager.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to amend the motion to provide that Code Enforcement will accept anonymous complaints, but after frequent anonymous complaints have been filed and no violations have been identified, the County Manager may limit further investigations. Motion carried and ordered unanimously.

Chairman Higgs called for a vote on the motion as amended. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AND RATE RESOLUTION AMENDING CHAPTER 50, FIRE PREVENTION AND PROTECTION CODE FOR ISSUANCE OF CITATIONS, AND ESTABLISHING FEES

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 50, Fire Prevention and Protection Code, for issuance of citations and a resolution establishing fees. She stated this is in response to an appearance in September, 1999 regarding the lack of enforcement of fire protection Ordinances.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt an Ordinance of Brevard County, Florida, to be codified in Chapter 50, Fire Prevention and Protection, Code of Ordinances of Brevard County, Florida, relating to the enforcement of Fire Codes and Ordinances; specifically providing findings and conclusions; citing authority for adoptions; providing a declaration of intent; providing for applicable fire codes and Ordinances to be enforced; providing for fire code enforcement officers; providing procedures for investigations of violations and issuance of citations; providing procedures for processing citations, for payment of fines, and for court hearings on citations; providing for fines for repeat offenses; providing for the payment of civil penalties; providing for severability; providing for conflicts; providing for codification and an effective date; and adopt Resolution establishing the fee schedule. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 42-88, BREVARD COUNTY EMS ADVISORY COUNCIL

Chairman Higgs called for the public hearing to consider an ordinance amendment Section 42-88, Brevard County EMS Advisory Council.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt an Ordinance amending Article III, Chapter 42, Code of Ordinances of Brevard County, Florida; specifically amending Section 42-88 entitled "Brevard County EMS Advisory Council" to provide for changes to membership and terms; providing for severability; providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST FROM LOUIS CAMPANILE FOR VARIANCE TO BREVARD COUNTY COASTAL SETBACK LINE

Chairman Higgs called for the public hearing to consider request from Louis Campanile for variance to Brevard County Coastal Setback Line; stated the applicant was present earlier; and he agreed to a continuance of the item to have some questions answered.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to continue the public hearing to consider a request from Louis Campanile for variance to Brevard County Coastal Setback Line to March 21, 2000. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: VESTED RIGHTS DETERMINATION FOR ENCROACHMENT OF PRIMARY STRUCTURE IN SETBACK FROM CLASS III WATERS - THOMAS METZ

Chairman Higgs called for the public hearing to consider vested rights determination for encroachment of primary structure in setback from Class III waters as requested by Thomas Metz.

Tom Metz stated he submitted plans to build a house on a lot in Melbourne Beach; through an oversight, a roof on the second floor, which extends over a deck, apparently encroaches into a 15-foot setback; the house is partially built; and construction was stopped because it is a violation of the setback requirement. He requested a vested rights determination for that; stated it does not have any impact on health, safety, or general welfare of the County; they acted based on the permit; and any change would be an undue cost. He reiterated they acted in good faith relying on the County's act of omission, and the property owner substantially changed position based on reliance on that act. He requested the Board approve the variance, and waive the $250 fee.

Chairman Higgs requested staff explain to the Board its contact prior to this instance and their interaction. Mr. Metz advised he has some issue with what they stated because it is not entirely correct. He stated in their timeline of things that transpired, they are saying that he had agreed to make a change in the roof structure earlier than it came to his notice; the original contact on the problem appeared to be a setback not being 15 feet, but when the survey was made, it showed that it was 15.1 feet; and only after that did he become aware that it was actually the roof they were talking about. He stated he called Building Director John Smith who advised him to submit the survey; and the next day, Mr. Smith advised he made a mistake because it was a roof problem. He stated the actual issue of the violation came up later than what staff is saying; and it was an omission during the review process.

Chairman Higgs stated Mr. Metz requested a variance from the Board of Adjustment; the business today is a vested rights determination; and how is that different. Mr. Metz stated he never went for a variance on the setback requirement. Chairman Higgs stated the information shows that an 8-foot variance from the required 20-foot rear setback in RU-1-13 was sought in October, 1999. Mr. Metz stated they went for a variance, and it was denied, but that was for a deck on a different side of the house; and it is an entirely different issue. Chairman Higgs inquired about the difference. Mr. Metz responded if the Board will look at the page which shows the house and says Lot 26, it will see a dotted line which is the line from which they need a 20-foot setback to that part of the house; they had requested a 6-foot deck, but it was denied, so they never did that. He stated the one being discussed today is on the left side; there is a 15-foot setback line; and the area being discussed is from where there is a 45? angle in the wall coming toward the stairs. He stated there is a 9-foot deck there, and five feet of it intrudes within the 15-foot setback; and it is the roof that encroaches. Chairman Higgs stated the issue is the setbacks being standards that need to be complied with; and she does not understand the difference between not complying with the setback on the request today and the variance that was denied. Mr. Metz stated it may seem similar, but it really is a different issue because in the back, the setback is 20 feet, and they could not do anything; but on the other side, from the 15-foot, they could put a deck or balcony. He stated the only thing that slipped through the crack was that there was a roof structure on the second floor that was designed to cover the entire side deck; that is what he is addressing today.

Chairman Higgs requested staff explain the situation and what happened. Assistant County Manager Steve Peffer stated he first met Mr. Metz when he brought forward a request for a variance for his septic tank; on page 4 of the report, it shows the lot is significantly smaller than the other lots in the area; and it was a difficult lot for the builder to work with because of its size. He stated they worked with Mr. Metz to approve the location for a septic tank which would have minimal impact on the environment; and the septic tank and drainfield are as far away from the water as possible. He stated during that conversation as they were trying to work with the site, he pointed out that some of what Mr. Metz planned to do was going to cause a problem with staff approval because of the shoreline protection buffer; and a member of the Natural Resources staff was brought to the meeting so Mr. Metz could be apprised of the situation. He stated they wanted to alert Mr. Metz of the requirements while he was still working on the design of the property; and subsequent to that, Mr. Metz made some changes, and there was review through the one-stop process. Natural Resources Management Section Supervisor Debbie Coles stated after Mr. Metz was informed of the surface water setbacks for the sewage treatment system, he applied for the permit; as part of the review procedure, there are several items including a truss package; and that is what Mr. Metz is talking about. She stated the truss package was not reviewed by staff; what was looked at was the plot plan that was provided; what that shows is what is touching the ground; and it did not depict the deck, the pilings that support the deck, or the roof. She stated later they talked about the pilings encroaching into the buffer; it was a zoning issue as well; Mr. Metz was required to do some amendment with the doorway; and on a couple of occasions staff requested additional information. She stated when it came to staff's attention that there was a roof over the deck that is tied into the entire truss package, it made that structure a primary structure; and primary encroachments can only go within 15-feet of the surface water buffer. She stated staff informed the builder; there was some confusion; but staff told him that it would have to be amended to conform with an accessory use rather than a primary roof or truss package; and that is where they are now. She stated Mr. Metz was not willing to change the truss package. Mr. Peffer stated there was a time at which the request was made for the plans to be changed, and the plans were returned; at that time, there was an erroneous presumption on the part of staff that the plans had been changed in compliance with the directive, but the change did not occur; they were approved; and that is the subject of the present controversy. He stated staff was relying on the fact that they had provided sufficient instruction; and unfortunately because a different staff person reviewed the plans when they came back, they did not catch the fact that the change had not occurred. Chairman Higgs stated the report indicates that on November 24, 1999, an Associate Environmental Specialist noticed the problem of the structure being less than 15 feet as well as two other issues that needed to be resolved, but when some of the changes came in, another staff person was there, and the modified plans were released.

Commissioner Voltz stated Ms. Coles said staff did not look at the truss plans; and inquired if staff normally looks at them, but did not in this case, or just normally does not look at them. Ms. Coles responded normally staff does not have to look at the truss package, but in some cases they do; that situation has been corrected; and it was an oversight. Commissioner Voltz stated it was the County's fault. Commissioner Carlson inquired if the applicant had the trusses onsite before the oversight was acknowledged; with Mr. Coles responding Mr. Metz informed them the trusses were on the site.

Mr. Metz stated this was a difficult house to develop for the property; they had to go to the State for a variance; the process took approximately six months; and staff was very helpful. He stated it was a complicated project and things were overlooked; and described the difficulties of the project. He stated since this is not the only project they are doing, they may have been remiss in looking at some things themselves; but when they got the permit, they went ahead. He stated there is a five-foot roof overhang for an 18 to 19-foot section of the house.

Chairman Higgs stated Mr. Metz got the first comments from the Associate Environmental Specialist that said the plot plan indicated part of the structure was less than 15 feet from the bulkhead, and included comments on the stairs and the design for the stormwater retention system; and she is confused why Mr. Metz did have catch the problem there. Mr. Metz stated they never looked at the roof; there had to be a change made in the wall that touched the ground to change the angle; there was a change to the stairs; and there was also a requirement for engineering for water retention. He stated they made the changes and submitted them; and they never thought about looking at the roof. He stated there were omissions on everyone's part; the drawings and additional information were in the pipeline for almost a month; and when they got the permit in December, they proceeded. Chairman Higgs inquired if Mr. Metz moved the building when he got the comment that the plot plan indicated it was too close. Mr. Metz responded no; and explained the change. Mr. Metz stated they were looking at the structure that touched the ground; and staff was very helpful, but they did not look at the roof. Chairman Higgs inquired about the setback and overhang; with Mr. Metz advising normally a person does not look at that. Mr. Metz stated there was also discussion about the deck support, and they got an okay on that; and it never went to the roof.

Commissioner Scarborough stated the Board has criteria; there was an act of omission by the County; and requested the County Attorney's comments about an owner who may have reason to inquire further about the County acting in error. County Attorney Scott Knox stated the Board considers these things in a quasi-judicial capacity so it has to go by what it hears as the evidence; and if the Board finds that the owner was on notice or had an idea that there was a potential for a violation of setback by virtue of the information he had available, that criteria may not be met. Mr. Knox stated the owner cannot say he is acting in good faith if he knew there was a problem.

Commissioner Carlson inquired if the Code is written in such a way that the applicant would know that the setback includes the entire structure and not just the footprint. Ms. Coles advised the Code does say "alteration or construction within the setback." Commissioner Carlson inquired what would alteration be; with Ms. Coles responding it would even include filling within the setback.

Chairman Higgs stated she received two letters on the item from people concerned about the variance. She stated she does not know what the Board can do in this situation; the County has issued the permit; it is in violation of the Code; there was reasonable expectation that knowledge should be in the hands of the party that was doing the work; but the County issued the permit.

Commissioner Voltz stated it is not the footprint, so it is not really encroaching. Chairman Higgs stated it does encroach. Commissioner Carlson stated the Code says, "alterations and construction," so it would include it; and if the builder understands constructing these sorts of things, they should be knowledgeable about that. She stated it is a two-way street, and both sides are responsible. Commissioner Voltz stated if the Board is going to look at making Mr. Metz take the roof off, it is being punitive; and there is a vested rights issue. Commissioner Carlson inquired if the Board requested augmenting mitigation, would there still be vested rights issues. Mr. Knox responded if the Board granted this conditioned on doing other improvements to compensate for what is perceived to be a problem caused by the new impervious surface, it could do that, but it would cement the vested rights.

Commissioner Scarborough inquired how much would it cost to reconstruct; with Mr. Metz responding the truss package was approximately $7,000; and he does not know how much would have to be changed. Commissioner Scarborough inquired if the edge could be cut off; with Mr. Metz responding no. Mr. Metz stated there is no simple way to do it; but they would not mind putting a gutter and downspouts to run water from that portion of the roof to another area.

Commissioner Carlson inquired if there is something that staff would suggest to mitigate; with Mr. Peffer responding the vested rights are not appropriate because there was ample opportunity for the applicant to know what the situation was; however, there may be an avenue which would allow for the structure to remain with some mitigation. He stated that may be in the form of not granting the vested rights, but recognizing that the house as constructed has a violation which could be compensated for by additional stormwater retention, some vegetative planting, or something of that nature which would act as a consent agreement between the Board and the applicant to resolve the violation. He inquired if Mr. Knox believes that could be a resolution; with Mr. Knox stating it will be the same net result if the Board grants the vested rights with conditions. Chairman Higgs stated it would not be giving a vested right, but coming up with a consent agreement.

Commissioner Scarborough inquired if it is the covering of the trusses by the roof that creates the violation; with Mr. Peffer responding it is part of the structure that the 15-foot setback governs. Mr. Peffer advised there is an accessory structure and permanent structure; and the trusses are part of the permanent structure. Commissioner Scarborough inquired if the trusses remained as is, but were only roofed to a particular point, would there still be a violation. Commissioner Carlson noted there is also a permeability issue. Commissioner Scarborough stated a truss would have minimal effect; with Commissioner Carlson advising it will direct water rather than allowing it to go through the natural process; and that is the whole problem. Ms. Coles stated the intent of the Code is to attenuate stormwater flow. Commissioner Carlson stated Mr. Metz said he would be willing to put gutters on, but that is not permeable; and inquired if that would suffice. Ms. Coles responded that is one solution that has been looked at when there are encroachments that are permitted in the surface water buffer; and the Ordinance provides for gutters with French drains, swales, berms, and densely planted shoreline vegetation.

Chairman Higgs inquired how long would it take for a consent agreement to come back to the Board; with Mr. Peffer responding staff could have it back next week.

Chairman Higgs passed the gavel to Vice Chairman O'Brien.

Motion by Commissioner Higgs, seconded for discussion by Commissioner Carlson, to direct staff to work with the applicant to develop appropriate package including mitigation for the violation.

Vice Chairman O'Brien stated if the constituent has done little or nothing wrong purposely, then requiring more retention is punitive. Commissioner Higgs stated the County is agreeing it was in error when it issued the permit; but the applicant constructed something in error; and in order to get this right, certain things have to occur. She stated there is a method to do it, but she does not have the ability to negotiate today with Mr. Metz as to how to correct the problem; and she is suggesting sending it back to staff to come up with a package that will come back to the Board. She stated there are consequences; the rule was developed for a reason in regard to buffers on the Indian River Lagoon, and it is a valid rule; even though the County was in error, it needs to correct it; and the applicant indicated a willingness to consider the correction. Vice Chairman O'Brien inquired what is the Board trying to accomplish; with Commissioner Higgs responding to keep from violating the stormwater conditions that the setbacks are designed to protect. Vice Chairman O'Brien inquired if the Board is saying it wants only the amount of freshwater runoff that would be if the roof was not there, and if there is more retention, less of the water will go into the canal; with Commissioner Higgs responding affirmatively. Vice Chairman O'Brien stated if the roof was not there, the water would hit the deck below the roof anyway and run off into the yard; so there is no difference. Commissioner Higgs responded there is a difference in direction.

Discussion ensued on percolation of water into soil, drinking water in the area, runoff into the river, filtering conditions, and velocity of waters.

Vice Chairman O'Brien stated government has made an error; that error is costly to a constituent; there is a law requiring a 15-foot setback; and it is not that the person purposely broke the law, but that government made a mistake by approving the permit. He stated he heard the argument that the applicant should have known better, but he did not; however, the County is supposed to know better, and it did not.

Commissioner Carlson stated there was an oversight on the part of the County; and the applicant may have overlooked it because he thought it was okay. She stated she does not agree with giving a vested right if it was apparent in the Code that this should not have happened; and inquired if the Board comes to agreement on additional stormwater, will that imply they have a vested right. She stated the vested right should not go forward due to the Code; but if the Board allows the agreement to go forward, it may be an assumption of vested right; and she would like the County Attorney to come back with some information to clarify that issue. Vice Chairman O'Brien stated they have a vested right because the County issued the permit; and whether the applicant designed his roof wrong or not is no longer a part of the question. He stated the applicant built the roof according to the permit; and to charge a price for doing that is wrong. Commissioner Voltz stated gutters could potentially take care of the whole situation; but if the gutter is six inches wide, is the Board going to say it is a 51/2-foot encroachment. Vice Chairman O'Brien stated the velocity of water coming off the roof could be cut by putting a grate at the pitch of the roof, so when water hits it, it will spray out rather than sheeting. He stated the Board should not be punitive, because the County made a mistake.

Commissioner Higgs stated the Board is not being punitive, but is trying to accommodate the intent of the Code by a reasonable plan that staff and the applicant would work out. Vice Chairman O'Brien inquired is it reasonable to require more retention when the amount of retention is already sufficient; and stated government makes Codes, etc. and sometimes it makes mistakes and it should say it is sorry, and move along.

Commissioner Carlson called a question. Vice Chairman O'Brien requested Commissioner Higgs reiterate the motion. Commissioner Higgs stated the motion is to direct staff to work with the applicant to come up with a consent package that deals with the violation and come back next week. Commissioner Voltz inquired if there will be more than one option. Commissioner Higgs stated she would hope it would be the consent of both parties to do something to mitigate for the problem.

Vice Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

Vice Chairman O'Brien passed the gavel to Chairman Higgs.

Chairman Higgs stated Mr. Peffer will work with Mr. Metz to take care of this and have it together by next week.

APPROVAL, RE: TRANSPORTATION IMPACT FEE TECHNICAL ADVISORY COMMITTEE PROJECT FUNDING RECOMMENDATIONS

Commissioner O'Brien stated the problems he had with the issue were resolved.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve the funding recommendations of the Transportation Impact Fee Technical Advisory Committee for Impact Fee Districts 1 through 9; execute Budget Change Requests required to implement project appropriations in FY 1999-2000 and budget for excess cash forward; and execute Disbursement Agreements with the Cities of Cape Canaveral, Satellite Beach, and West Melbourne, and Towns of Indialantic and Malabar. Motion carried and ordered unanimously.

AGREEMENT, RE: BREVARD COUNTY SHORE PROTECTION PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve proposed changes to the Project Coordination Agreement for the Shore Protection Project which clarify the responsibilities currently required by Army Corps of Engineers policy or federal law; and authorize the Chairman to execute Agreement. Motion carried and ordered unanimously.

REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN, RE: FIRST UNION NATIONAL BANK PROPERTY IN COCOA

Suzanne Levine, representing First Union National Bank, stated the Bank took title to property on Andover Drive in Cocoa through foreclosure more than a year after the first violations were noted on the property; and advised of Special Master hearings which imposed a $250 per day fine on the property. She stated they would have sold the property in August, 1999 if the liens had not been attached to the property; but they lost that contract; they are dealing with a situation where they will have to be in compliance to get rid of the liens and penalty; and advised of difficulty in finding a contractor to make repairs. She stated the Special Master hearing was held in February, 2000; the recommendation was that they not be charged with the penalties, but pay the administrative costs; the Special Master reduced the fine from $26,000 to $6,000; and requested the Board allow them to pay the administrative fees. Ms. Levine stated First Union took title of the property through the foreclosure of a mortgage; it did not create the Code violations; the bank has suffered significant financial losses; and First Union is a victim of circumstances that it has no control over. She stated the Bank did not have knowledge of the Code violations until September, 1999, but the County knew in December, 1998 that First Union was in a foreclosure proceeding and could have notified the Bank about the Code violations. She stated if the Bank had known, it would have amended the complaint to put Brevard County on the foreclosure list, and sold the property in August. She requested the Board forgive the penalty and reduce the fine.

Commissioner Voltz requested the County Attorney address the issue. County Attorney Scott Knox stated if the Bank had caught the County's liens, it probably could have gotten rid of it, and probably still could by reopening the foreclosure, assuming the mortgage predated the lien. He noted it would take time and money to do so.

Commissioner O'Brien stated he has heard the same thing every time one of these items comes before the Board; and it is time the County stood its ground. He stated staff spent hours dealing with this; First Union took a risk when it issued the mortgage, and part of the risk was that their client may stop paying the mortgage and they would have to foreclose; and in the process, the Bank has the responsibility for the property. He stated if the Bank's client did not care for the property and had fines accrue on that property, the Bank perhaps should have been notified by someone; but the County has an investment in the property; and the Board should not back down. He stated the Special Master recommended a fine of approximately $6,000; and the Board should approve it.

Commissioner Carlson stated she finds it hard to believe that a financial institution does not do a good background check on any foreclosed property to see if there are any liens, violations, etc. before assuming it; there are costs associated with foreclosure which is a cost of doing business; and she agrees with Commissioner O'Brien that it should not be reduced to administrative costs.

Commissioner Voltz inquired if the cost for the Bank to get rid of the County's lien would be $6,500; with Mr. Knox responding typically they would have to hire an attorney and file additional court costs, so it would probably cost a couple of thousand dollars plus the time. Commissioner Voltz inquired if the Bank does that, would the County get the $339; with Mr. Knox responding no. Commissioner Scarborough stated the bank has an option to reopen the foreclosure and wipe out the County entirely. Commissioner O'Brien stated that the Bank can start the process over again; but the County has already spent a lot of money up to this point; and commented on the Bank not being a partner in the community.

Ms. Levine stated the Bank made a major investment; it had to foreclose on the property; and it had no knowledge of the violations until it got the first notice. She stated they had a contract on the property; they consulted their attorney and were advised the liens would not attach; but unfortunately on September 5, 1999 the fines started to accrue. She stated at that time the title company could not close on the property; so, they lost five more months of time. She stated there are times when institutions do not pay attention to Code violations; but that is not the case in this instance.

Commissioner Scarborough stated the fine has already been reduced from $26,000 to $6,200; the Board is not inclined to reduce it to just administrative costs; the Bank could reopen the foreclosure, but that is not to the advantage of the Bank or the County; and suggested the Bank make another offer for the Board's consideration. Ms. Levine outlined the costs for reopening the foreclosure; and suggested a compromise figure of $2,500.

Commissioner O'Brien stated banks are a business; sometimes they suffer a financial loss; and it is the bank's fault and problem. Commissioner Scarborough stated the fine is approximately $6,500; Ms. Levine is suggesting she can clear it up for less than $3,000; and inquired what Commissioner O'Brien thinks will happen. Commissioner Voltz noted in that case, the County gets nothing. Commissioner O'Brien stated a community partner that owes the County $6,000, but makes every effort not to pay it is not a good community partner. He stated this is a fine that accrued; it has been reduced; the Board has a policy that the fine will never been more than one-third the value of the property; and if the Bank wants to use the law rather than pay the fine, that is up to the Bank, but he will not participate.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve the Special Master's recommendation to reduce the accrued Code Enforcement fine for Case No. 98-1049 from $26,233 to $6,233; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment plus enforcement cost in the amount of $449, for a total of $6,572.

The potential buyer stated they want to get into the property, but cannot do so until the problem is cleared; the Bank has legal ways to handle the issue; and requested the fine be made reasonable.

Commissioner Scarborough stated he understands what Commissioner O'Brien is saying; but under the circumstances, no one will win with Commissioner O'Brien's motion; and he will vote against it for that reason. He stated there may be a compromise. Commissioner Voltz stated she agrees, and will not support the motion.

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

RESOLUTION, RE: APPROVING TAX ABATEMENT APPLICATION FROM DELTA GROUP ELECTRONICS, INC.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution qualifying Delta Group Electronics, Inc. as an eligible business under the County's Tax Abatement Program and authorizing a public hearing to consider a tax exemption ordinance on behalf of Delta Electronics.

Commissioner O'Brien inquired how much tax abatement will this involve. He stated it is 24 employees at $20,000 each; and this is borderline as to the intent of the public. Economic

Development Director Greg Lugar advised this is the first step of three steps; if the Board approves the qualification resolution, it will go to the Property Appraiser who will calculate the exact amount, and return to the Board in approximately 30 days.

Commissioner Voltz inquired if this is a growing company; with Mr. Lugar responding it is, and will double its employment. Commissioner Scarborough stated he is inclined to vote against this because of the salary.

Commissioner Carlson inquired if the company is part of any cluster that the County is currently looking at in its EDC strategy. Mr. Lugar stated EDC has identified this type of company; it is a circuit board and cable assembly manufacturer; and it also tests and provides components to other industries locally, such as Globe Wireless or Paravant Computer Systems. Mr. Lugar noted the Board will be considering tax abatement for Paravant Computer Systems next week.

Commissioner O'Brien stated with the scorecards, a company could have ten employees at $3 an hour and they would still get 10 points; and the Board was never able to solve the problem on the low side of the scale. Commissioner Voltz stated the Board will be coming back to that. Commissioner Carlson stated the Board is in the process of developing the EDC strategy to cluster certain types of industry; and Delta Group Electronics, Inc. adds to what the County will be proceeding with in terms of the strategy, so she will support it.

Commissioner Scarborough stated a tremendous amount has been written that the need is not jobs; the question is whether jobs are being created that allow upward mobility; and commented on the implications of higher paying jobs. He stated if the abatement is for a company that is part of a community of industry, he will vote for it.

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

PERMISSION TO SOLICIT COMPETITIVE PROPOSALS, AWARD PROPOSAL, AND EXECUTE CONTRACT, RE: LANDSCAPE/IRRIGATION INSTALLATION ON ST 405/U.S. 1 PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to solicit competitive proposals and award the best-ranked proposal for all phases of landscape/irrigation installation on the SR 405/US 1 Landscape Improvement Project; and upon award of proposal, authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

AMENDMENT TO LEGISLATIVE ISSUES PACKAGE, RE: OPPOSE SECTION OF HB 893 MODIFYING DISTRIBUTION OF SCETS MOTOR FUEL TAX

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve amendment to the Legislative Issues Package to oppose the section of House Bill 893 that would require one-half of the revenue generated by the State Comprehensive Enhanced Transportation System motor fuel tax be spent on the Florida Intrastate Highway System and not on all State roads as is now the case. Motion carried and ordered unanimously.

ACCEPT PERMIT PACKAGE AND GRANT PERMISSION TO HOLD OUTSIDE MUSIC EVENT, RE: PURPLE PORPOISE

Commissioner O'Brien questioned the noise factor, as the event is scheduled to go to 1:00 a.m.; and advised of problems with one of the local churches which has outside events.

Commissioner Voltz inquired if the parking issue has been worked out. Permitting and Enforcement Director Billy Osborne responded they contacted the Sheriff's Department; the Sheriff's Department approved the permit on the condition that the applicant does everything that he has agreed to do; and outlined the conditions. He stated it appears they have worked out the issues with the parking and the pedestrians, but not the noise. Commissioner O'Brien inquired if it is a residential area; with Commissioner Voltz responding yes.

Commissioner Carlson inquired what was the Purple Porpoise previously; with Public Safety Director Jack Parker responding he does not recall. Commissioner Carlson stated there was a problem with a criminal element there; and inquired if that is still the case; with Mr. Parker responding not as long as he can remember. Discussion ensued on the previous operation.

Commissioner Voltz stated there is a mobile home park in close proximity, but otherwise it is all business. She inquired what is the normal time limit; with Mr. Osborne responding there is no normal time, but it is established within the review process. Commissioner Voltz stated 1:00 a.m. is too late; and suggested 11:00 p.m. Commissioner O'Brien stated 11:00 p.m. is pretty late for music. Commissioner Voltz stated it is a noisy area. Commissioner O'Brien stated the Board should consider a policy that 9:00 p.m. is fair and reasonable. Discussion ensued on an appropriate time limit. Mr. Osborne advised the Noise Ordinance sets the time at 10:00 p.m.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to accept the permit application; and grant permission to hold an outside music event at the Purple Porpoise located at 1070 East Eau Gallie Boulevard on March 17, 2000 from 4:00 p.m. to 10:00 p.m. only, and not 1:00 a.m. as requested.

Commissioner O'Brien recommended if the same owner makes an application next year, all complaints should come back to the Board with next year's application so the Board will know whether the time limit was successful or not. Mr. Osborne stated that will not be a problem.

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

DISCUSSION, RE: SCOPE OF SERVICES FROM THE NATIONAL CENTER FOR STATE COURTS

County Manager Tom Jenkins stated this is the second part that was not discussed at the workshop with the judges. Commissioner O'Brien stated he has not had an opportunity to read the study and needs additional time. Commissioner Carlson inquired if the timing is appropriate in light of the problems the Clerk of the Courts is having with the system.

Commissioner Voltz inquired if it is possible to identify those in the jail who are there strictly because of mental health problems or drug problems. Public Safety Director Jack Parker stated that can be done for drug only offenses; no one is in the facility exclusively for mental health problems; generally there is a criminal charge attached; and that is why they are there. Commissioner Voltz stated they are there because their mental illness has caused them to do something a normal person would not do. Mr. Parker stated he can provide two separate reports; one would be on the people who are there for drug only offenses; and the other would be those as a result of their mental health problems as determined by forensic personnel. Commissioner Voltz stated she is looking for people who are incarcerated due to drug related issues also, such as someone who stole a car to get money for drugs. She stated if the drug problem can be taken care of, the individuals would not be doing what they are doing; and it is a big issue.

Commissioner O'Brien stated it is a big issue; but the person who had his car stolen does not care about the other person's problems; and unless there are drug rehab programs in place and the judges work to place the people in the programs, and if they are successful, they can stay out of jail, but otherwise, they will go to jail. Commissioner Voltz stated that is what she is talking about. Commissioner Voltz commented on the money the County is spending to incarcerate someone as opposed to the money the County could spend to get someone the help he or she needs and keep the person out of jail permanently. She stated the County is spending money on the person; but inquired if the County is spending it the right way; and should it be used for drug rehab. Commissioner O'Brien stated the Board may want to get a sociologist to find out how many people are incarcerated in the County for drug offenses would benefit from rehab and how many should be incarcerated. He stated some people do not care; that is why they are in jail; that is why they are doing drugs; and they are not going to change their attitude. Commissioner Voltz stated someone has to care for them. Commissioner O'Brien stated that is true to a point, but if the Board does a sociological study, it may find that 40% of the people in the jail for drug-related offenses will do well in rehab programs and the other 60% cannot be rehabilitated. He inquired if Commissioner Voltz wants them back on the street; with Commissioner Voltz responding no. Commissioner Voltz stated there are studies that show that even people who do not want help for their drug problems can be helped.

Assistant County Attorney Shannon Wilson stated the State Attorney's office has a Drug Court Program that deals with first-time offenders; and it might be useful to get information on that. She stated most of the first-time offenders go through that program; and most of the ones in the jail have other multiple offenses or a lengthy history. Commissioner Voltz stated that is all part of the issue. Chairman Higgs stated the Board will be getting some information back.

PERMISSION TO ADVERTISE PUBLIC HEARING FOR ORDINANCE AND ADOPT RESOLUTION, RE: MEASURES TO PREVENT WILDFIRES

Fire Chief Bill Farmer stated there are two issues before the Board today; one is the request for a public hearing on an ordinance to help prevent wildfires by preventing the ignition sources; and the other issue is a resolution informing the public of some things they can do to be fire safe. He advised of a change in the resolution to show the concurrence of the Emergency Management Director, and the difference between this year's ordinance and last year's; and stated the prohibitions will be triggered or repealed as conditions warrant, but the ordinance will stay in effect.

Chairman Higgs stated the prohibitions will not be cancelled until the drought index gets below 400 and the Policy Group makes a recommendation to cancel. She inquired how long has the County been above 400; with Chief Farmer responding three or four weeks.

Commissioner O'Brien inquired about the open burning prohibition and clearing a lot for construction. Chief Farmer stated the State on March 9, 2000 put a ban on that type of burning; and that is not a process the County normally deals with, as it is a State permitted process.

Chairman Higgs inquired what is the index now; with Chief Farmer responding 547. Commissioner Voltz inquired what was it two years ago when there were fires; with Chief Farmer advising of the conditions in 1998. He stated the County is approximately 20 points higher than it was in 1999; this is brush fire season; and due to La Nina, the conditions are drier than they should be.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant permission to advertise public hearing to consider an ordinance adopting measures to prevent wildfires; and adopt Resolution recommending citizens perform ignition source prevention and residents in potential wildfire areas take precautions to create defendable space. Motion carried and ordered unanimously.

Commissioner Scarborough commented on use of aircraft and buckets for airdrops during the wildfires; stated the County has since bought its first buckets; and advised of the importance of having the ability to put out small fires before they grow into larger fires. He requested staff provide a report on the capacity of buckets and aircraft.

Commissioner Carlson commented on recent fires; and inquired about mutual aid agreements, policies, and notification concerning fires. Chief Farmer advised there are new mutual aid agreements which are Countywide; the Space Coast Fire Chiefs Association is meeting to create a Task Force, Strike Teams, and Overhead Management Teams which can be called in a moment's notice to respond; and they are looking to address that as the index increases.

Chairman Higgs inquired if last year the County bought new wildfire firefighter equipment; with Chief Farmer responding yes, and advised of extensive certification in wild land fire fighting.

Commissioner Carlson commented on the information insert that has been distributed with newspapers. Chief Farmer advised that was done by the Emergency Management Director; and he can get a schedule for the Board. Assistant County Manager Peggy Busacca advised it will be distributed one more time in April, 2000.

Chairman Higgs inquired as a part of the acquisition of the uniforms, boots and training were there buckets; with Chief Farmer responding it included two 100-gallon airdrop buckets. Assistant County Manager Steve Peffer advised Mosquito Control helicopters are being fitted to be fire-worthy; they are going through certification and will be getting federal training; and they will be equipped with federal radios for emergency situations.

Commissioner Scarborough stated following the fires, there was an extensive study; and it would be prudent on the Board's part to determine what has occurred subsequently, and get a report on recommended actions.

APPROVAL OF WORKSHOP, RE: MANATEE PROTECTION PLAN

Assistant County Manager Steve Peffer requested the Board approve the next available workshop date which is April 27, 2000 for continuation of discussion on the manatee protection plan, and provide direction on whether it desires the State to be invited to the meeting, and whether the State's presence is imperative.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Option 2, to schedule a workshop for April 27 and invite the State, but hold the workshop regardless of the State's availability. Motion carried and ordered unanimously.

REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN, RE: KATRINA DARDEN'S PROPERTY IN MIMS

Commissioner Scarborough stated the item has been withdrawn as it needs more work. County Manager Tom Jenkins advised the applicant withdrew the item at the last moment.

ACKNOWLEDGE RECEIPT, RE: ANNEXATION ORDINANCE #1999-63 FROM CITY OF MELBOURNE

Chairman Higgs advised the City of Melbourne transmitted Comprehensive Plan changes to the Department of Community Affairs prior to the property being annexed; that is a curious procedure; but apparently it is not unusual. She requested Mr. Scott describe how DCA handles that and how the Board might be advised in the future of these kinds of changes.

Planning and Zoning Director Mel Scott advised of a conversation with officials in DCA; stated DCA will review almost anything a local government sends it; and in the instance of a potential annexation or a future land use amendment, if a city includes it in a transmittal package, DCA will offer comments. He noted DCA will include in its response a notation that it is not part of the city yet, and that needs to be taken care of before adoption; but it will review it. He stated staff has an opportunity to send the annexation acknowledgment to the Board after it receives the transmittal package from the city; it has been the practice in the past to wait for the city to adopt it and get it to the Board within the response window; and advised the window for this case started on March 7, 2000.

Chairman Higgs stated she would like to know if a proposal is going to DCA for a Comprehensive Plan change on property that is in unincorporated Brevard County; the cities would find it curious if the County went in and suggested a Comprehensive Plan change inside an incorporated area; and it is interesting that these things occur that way.

Commissioner Carlson stated when property is on the County's Comprehensive Plan at four units per acre, and is being annexed at ten units per acre, there is a problem; and there needs to be some communication. She stated Dairy Road is really nice now, but it is being filled up; and she is worried about concurrency. Chairman Higgs stated part of the justification was the capacity of the road; but the capacity is on the road because in the future it will be needed. Commissioner Carlson stated it is based on the future land use, and inquired how can that be changed. Chairman Higgs stated the City of Melbourne decided it was okay, and put commercial and much more intense residential; and at this time there are few comments that can be made, but in the future the Board needs to know when someone is suggesting a Comprehensive Plan change inside an unincorporated area. Commissioner Voltz inquired what can the County do when it does know about it. Commissioner Carlson inquired if DCA is addressing any of the inconsistencies. Mr. Scott responded DCA's job continues to be that it has to look at what the existing future land use designation is, and what that jurisdiction is proposing; he saw some internal memorandums that were generated on this amendment; and DCA recognized the increased intensity on the roadway and issued its notice of intent to find it in compliance. He stated they are looking at that scenario when potential intensity is increased; and he is not sure where the annexation legislation is, but that is another issue. He stated the Board has little say in the annexation process.

County Attorney Scott Knox stated the County has the right to establish itself as an affected party if it disagrees with what the City is trying to accomplish; but in order to do that it has to appear at a certain time in the proceedings; and if the Board does not find out about it until after the fact, then it will be too late. He stated he questions whether DCA can do what it is doing. Mr. Scott stated he was informed that counties will always be affected parties so long as they levy objections within the 21-day window. Mr. Knox advised that is the problem.

Discussion ensued on getting DCA review, intent of the Statute, and the action of the City of Melbourne.

Mr. Scott stated the City submitted the change to DCA for preliminary review and waived an ORC; and the City runs the risk of having DCA not voicing objections and losing the opportunity to head off a 120 hearing.

Commissioner O'Brien inquired if the City of Melbourne accepted any of the infrastructure; with Commissioner Carlson responding not yet. Planner Jim Ward advised the City did not include either of the rights-of-way within the annexation. Mr. Scott clarified the City did not accept the maintenance responsibility, but did annex the roadway; and that will be ironed out in the joint planning agreement which staff expects to bring to the Board in April.

Chairman Higgs stated according to the timeline from the City, it was adopted on January 11, 2000; and that would preclude the County making any sort of statement to DCA. She stated there was a compliance statement by DCA on March 7, 2000. Mr. Knox stated the compliance statement is what triggers the County's right to review. Mr. Scott advised the Board has 21 days from March 7, 2000. Mr. Knox inquired if it has been annexed; with Mr. Scott responding the annexation occurred, but the future land use designation has not yet been found to be in compliance. Chairman Higgs inquired if the Board can object to the procedures; with Mr. Knox responding he will look at it because it does not sound right. County Manager Tom Jenkins advised the Board can object to the Comprehensive Plan change. Chairman Higgs stated there may be a twofold objection. Commissioner Carlson stated it seems contradictory to the whole comprehensive planning process. Chairman Higgs stated she objects to the process and to the Comprehensive Plan change that adds the density on the road the County just built to plan for the future.

Chairman Higgs passed the gavel to Vice Chairman O'Brien.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff and the County Attorney to object to DCA or other appropriate bodies regarding the process whereby DCA reviews land use changes on properties which have not yet been annexed by municipalities and are still within the jurisdiction of the County. Motion carried and ordered unanimously.

Vice Chairman O'Brien passed the gavel to Chairman Higgs.

RESOLUTION AND LEASE AGREEMENT WITH TITUSVILLE-COCOA AIRPORT AUTHORITY, RE: PROPERTY FOR NON-DIRECTIONAL RADIO BEACON

Chairman Higgs stated the Titusville-Cocoa Airport Authority is using land at Country Acres for a non-directional radio beacon at $1 a year; and it would be reasonable to ask the Airport to pay a reasonable fee to Country Acres to help support that facility. She stated it seems that Mr. Hutto, who is the Director of the Airport, will be reasonable in entertaining requests to work something out in terms of lease; and requested staff work with Tico Airport on a reasonable lease with the income to be directed to Country Acres.

Commissioner O'Brien stated Tico is still a taxing authority; if the fees are raised on the tower for Country Acres, Tico could raise taxes to pay for it; and inquired if a disservice would be done in the process. Chairman Higgs stated Country Acres is supported by the General Fund as well as fees that are received for services from the State; Tico Airport is fee generating as well as receiving some ad valorem taxes from those people who are benefited from the Airport; thus, the General Fund which supports Country Acres should have some revenue from the land from those users of the service and the supporters of Tico Airport. Commissioner O'Brien stated he cannot buy it solely because the taxing district for Tico is specific; and only those residents of North Brevard County would be paying for a radio tower while the services rendered by Country Acres are Countywide. He stated he would prefer to see the County cooperate at $1 per year than charge people in North Brevard. Commissioner Scarborough clarified it is everyone in Districts 1, 2 and 4.

Commissioner Carlson stated when she was at the National Association of Counties Conference, one of the great victories was the airport improvement program was passed; that means a large amount of money for all airports that have passengers; and Tico is in that group.

Chairman Higgs passed the gavel to Vice Chairman O'Brien.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to request the Lease Agreement with Titusville-Cocoa Airport Authority for lease of property to operate a non-directional radio beacon be renegotiated to include fair compensation to Country Acres Children's Home.

Vice Chairman O'Brien stated he will not support the motion as it is inappropriate. He called for a vote on the motion. Motion carried and ordered. Commissioners Higgs, Carlson, and Voltz voted aye; Commissioners Scarborough and O'Brien voted nay.

Vice Chairman O'Brien passed the gavel to Chairman Higgs.

PUBLIC COMMENT, RE: LIVING CONDITIONS

George Vanderhall inquired about the City of Cocoa Housing Board and Section 8 housing; commented on problems in neighborhoods; and stated he will take his problem to the Governor. He stated when the Census Tract 626 Redevelopment Agency was created, he asked that it reflect the population of that area; and requested the Board take another look at the organizational structure and behavior, since the County is a partner. He stated a lot of problems are being created where the County has a co-interest; the national profile of a drug dealer is male, white, and college educated, with a good home and 2.3 children; there is little he can do to prevent crack houses in his neighborhood that give children the wrong ideas about life; and it is everyone's responsibility.

Chairman Higgs inquired if Mr. Vanderhall's questions about the Housing Authority have been answered; and stated the County does not have authority over that agency. Mr. Vanderhall stated everything is not a black and white issue; and he will go directly to Governor Bush. Chairman Higgs advised the Housing Authority has a board. Mr. Vanderhall inquired who is the chairman of that board. Commissioner Voltz suggested Mr. Vanderhall meet with Assistant County Manager Don Lusk. Chairman Higgs advised there is a local Housing Authority which is appointed and manages those funds and activities. Mr. Vanderhall stated he is just interested in living conditions for children and people who want to be left alone.

Commissioner O'Brien stated the Board agreed there are a lot of buildings that should be condemned and demolished such as crack houses; and the Board is working on that now. He advised of funding sources for the project; commented on improving affordable housing; and stated some social programs are not always successful in spite of the amount of money poured into them. Mr. Vanderhall noted sometimes the money does not go where it is intended; and commented on fraud. Commissioner O'Brien commented on the Board's position on affordable housing.

Commissioner Scarborough stated if someone has difficulties, the Board can write letters on his or her behalf, and sometimes that gets more attention; and if things do not work out when Mr. Vanderhall talks with Mr. Lusk, he can come back to the Board.

Mr. Vanderhall commented on baby boomers and expectations on quality of life.

WARRANT LISTS

Upon motion and vote, the meeting was adjourned at 3:03 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
( S E A L )